Advowson

“ For without a free and honourable race of advocates the world will hear little of the message of justice. Advocacy is the outward and visible appeal for the spiritual gift of justice. The advocate is the priest in the temple of justice, trained in the mysteries of the creed, active in its exercises. ”

“ Preeminently, the power of our advocacy reposes in our example; but no example, be it remembered, can be powerful for lasting good, whatever apparent advantages may be gained, which is not based upon eternal principles of right and justice. ”

“ It is our common good, that your admirable eloquence can now no longer be employed but in the expression of your own sentiments and judgment. The skilful pleader is now for ever changed into the just judge; which latter character your lordship exerts with so prevailing an impartiality, that you win the approbation even of those who dissent from you, and you always obtain favour, because you are never moved by it. ”

“ He will himself be a spirit of judgment to those that sit in judgment; the privy counsellors shall be guided by wisdom and discretion and the judges shall govern by justice and equity. It is a great mercy to any people when those that are called to places of power and public trust are qualified for their places, when those that sit in judgment have a spirit of judgment, a spirit of government. ”

“ The strange notion that an advocate—one that has pleaded causes at the bar—has, in a manner, disqualified himself for the bench, leaves the administration of justice open to inexperienced young men, who, having taken a degree in Roman law, and nominally attached themselves for a short [Pg 325] time to an advocate, as practitioners, are suddenly raised to the important station of judges, either by marrying any of the Queen’s maids of honour, or some more humble beauty on whom the Prince of the Peace has cast a transient gleam of favour. ”

“ So he rose and kissing the ground before the king, said to him, ‘O king of the age, if I counsel thee in this matter, wilt thou follow my counsel and grant me indemnity?’ ‘Set forth thine opinion,’ answered the king, ‘and thou shalt have indemnity.’ Then said he, ‘O king of the age, if thou wilt accept my advice and hearken to my word, to slay this young man now is inexpedient, for that he is thy prisoner and in thy power, and whenas thou wilt, thou mayst lay thy hand on him and do with him as thou wilt. ”

“ Now, who does not see, that the words conduct and obedience, must have totally distinct meanings, when they are applied to inanimate objects and when they are applied to the actions of moral and accountable beings? And who does not see, that human beings are bound to do their duty, in an entirely different sense, from that in which matter can be said to be under an obligation? ”

“ But, my lords, it is to be observed, that they who so warmly recommend the strictest adherence to justice, seem not fully to understand the duty which they urge. To do justice, my lords, is to act with impartiality, to banish from the mind all regard to personal motives, and to consider every question in its whole extent, without suffering the attention to be restrained to particular circumstances, or the judgment to be obstructed by partial affection. ”

“ The common topics for the advocate for the defence to employ are, a complaint of that calamity which has taken place by no fault of his, but in consequence of some overruling power, and a complaint also of the power of fortune and the powerless state of men, and an entreaty that the judges should consider his intentions, and not the result. And in the employment of all these topics it will be desirable that there should be inserted a complaint of his own unhappy condition, and indignation at the cruelty of his adversaries. ”

“ TO THE ADVENTURER. SIR, It has long been charged by one part of mankind upon the other, that they will not take advice; that counsel and instruction are generally thrown away; and that, in defiance both of admonition and example, all claim the right to choose their own measures, and to regulate their own lives. ”

“ But the juryman who, above all, judges as a man, and often recoils from responsibility, should fear the excess of lenity: the judge, on the contrary, accustomed to repression, and above all preoccupied with the interests of society, should rather defend himself against excess of rigor and severity.
4. Knowledge.—What is for most men but a luxury, becomes in such or such a profession a strict duty. The knowledge of the laws, for example, is, for the magistrate, as the knowledge of the human body for the physician, a strict obligation. ”

“ If the promotion of the interest of the client were an advocate's highest duty, it would be another name for the exactest virtue; and inasmuch as that interest is not, like the objects of zeal, fixed in character, but liable to frequent change, the faculty of directing the whole power of the understanding to each shifting aspect of the cause in its minutest shadowings without the guidance of an inflexible law, is far more wonderful, if far less noble, than a singleness of devotion to right. ”

“ But when he imputes to me a character and disposition unworthy of any public man, and adduces in proof mere naked votes upon questions of great public interest, all given under the solemn sense of duty, impressed by an oath to support the constitution, and by the sacred obligations of a public trust, to defend myself against charges so groundless and unprovoked is, in my judgment, a duty of respect to you, no less than a duty of self-vindication to me. ”

“ Your Lordships are too well aware that I should insist upon it, that in a cause where the weightiest interests of property are engaged, the mind of the advocate should be disembarrassed and free,—not only free as regards the exercise of whatever knowledge and skill he may possess, not merely free from the supposition of any individual hazard the honest discharge of his duty might incur, but free from the greater thraldom of disturbed and irritated emotions, originating in the deepest sense of wounded honor. ”

“ I appear because I have put my trust above all in the justice of my cause, and secondly, in your character; feeling as I do that you will give a just decision, and not allow me through a perversion of justice to be ruined by my enemies, but that you will much rather save me by allowing justice to take its course in accordance with the laws of the city, and the oaths which you have sworn as a preliminary to the verdict which you are about to record. ”

“ From the earliest, Englishmen have understood that advocacy is necessary to justice, and honesty is essential to advocacy. The thirteenth century Mirrour of Justices may, as modern jurists hold, be a contemptible legal compilation. ”

“ We take an oath to govern you according to God's law, and our own; and if we commit errors, not willingly, but for want of skill, you ought to bear with us, because, being chosen from among yourselves, we are but men, and subject to the like passions as yourselves. ”

“ Think of the words of our forefathers, “a firm adherence to justice, and a frequent recurrence to fundamental principles.” What we ask, will it not be a firm adherence to justice? Shall we fear what shall follow in the footsteps of a firm adherence to justice? ”

“ So, your Highness, it is your wish that a man whom you openly honor with your confidence, who has a voice in the council, and with whom you deign to share your cares concerning the weal and woe of the state, should appear before a court of justice and a curious public to make confession of his youthful errors? ”

“ I desire you would receive this man into your favour and good opinion. I believe, if he follow my counsel he will deserve no other but respect from you. Take heed of being sharp, or too easily sharpened by others, against those to whom you can object little but that they square not with you in every opinion concerning religion. If there be any other offence to be charged upon him, that must in a judicial way receive determination.’
[1] [Carlyle, Cromwell’s Letters and Speeches, No. xx.] ”

“ In my opinion, it is our duty, when we have the desires of the people before us, to pursue them, not in the spirit of literal obedience, which may militate with their very principle,—much less to treat them with a peevish and contentious litigation, as if we were adverse parties in a suit. ”

“ But here is an advocate without us, in heaven and with the Father. The proper office and business of an advocate is with the judge; with him he pleads the client's cause. The Judge with whom our advocate pleads is the Father, his Father and ours. ”

“ And yet who does not know this,—that to heap up reproaches and to accuse people that have once warred against us is very easy—any man can do it—whereas, to say what is advantageous for the State, not in anger over other men's deeds, but with a view to the State's benefit, is really the duty of the advising class? ”

“ But if those causes that turn upon the civil law are none of your little ones, but often of the utmost importance, what a front must a man have to pretend to be counsel in those causes, without the smallest knowledge of the law? ”

“ If the advocate refuses to defend, from what he may think of the charge or of the defence, he assumes the character of the judge; nay, he assumes it before the hour of judgment; and, in proportion [32] to his rank and reputation, puts the heavy influence of perhaps a mistaken opinion into the scale against the accused, in whose favour the benevolent principle of English law makes all presumptions, and which commands the very judge to be his counsel. ”

“ The arms which an Advocate wields he ought to use as a warrior, not as an assassin. He ought to uphold the interests of his clients per fas, but not per nefas. He ought to know how to reconcile the interests of his client with the eternal interests of truth and justice." Act, gentlemen, upon these principles. ”

“ But we ourselves must not decline the burden of responsibility, nor take counsel of unworthy passions. Whatever duty urges us to do or to omit, must be done or omitted; and the recklessness with which our adversaries break the laws, or counsel their violation, should afford no example for us. ”

“ Certes, sage counsel and wisdom in the good use of pleasures and delights, whereby we continue honest, we ordinarily do call continence and temperance; the same in dangers and travails, we term tolerance, patience and fortitude; in contracts and management of state affairs we give the name of loyalty, equity and justice; whereby it cometh to pass, that if we will attribute the effects of counsel and wisdom unto fortune, we must likewise ascribe unto her the works of justice and temperance. And so (believe me) to rob and steal, to cut purses, and to keep whores, must proceed from fortune ”

“ True, these figures of forgotten advocates are dim and obscure—only to be painfully seen through the dusty gauzes of forgotten years, pictured for us in drowsy voluminous memoirs, or baldly reported in mouldering law reports; but if we search these records diligently we gradually discern a race of worthy men—see them haunting the old libraries, pacing the ancient halls with their clients, proud of the traditions of their great profession—advocates—advocates all. ”

“ Who would wonder, if, like the man in the farce, he would register a vow never to do a good-natured thing again as long as he lives; or what respect can he have for a government or a country, where the church tells him to love his neighbour, and the chief justice makes him pay five thousand for his obedience. ”

“ Nevertheless, to the reader of to-day the views of the man in the street, the common citizen of a bygone age, about the place in the world of the advocate is more precious than many black-letter folios of crabbed juridical learning. ”

“ In a word, make no attempt to seek support from his judgment, or by convincing his reason, in important cases, where his feelings or wishes are involved, but in all such cases rest your decisions solely upon your own authority. But then, on the other hand, in unimportant cases, where no serious evil can result whichever of the various possible courses are taken, call his judgment into exercise, and abide by its decisions. Give him the responsibility if he likes to take it, but with the responsibility give him the power. ”

“ This counsellor, keen, powerful, and yet devoid of any sense of moral obligation, is possessed of this one idea—that the difficulties of men are problems and that he can solve them; that the law, being of human origin, can be evaded; that its servants, being but men like the others, may be balked, and thwarted and baffled in their efforts at a proper administration of this law. ”

“ For example, all the judgments of a judge who has justice for his end and venerates and loves this as Divine, while he detests adjudications for the sake of reward, for friendship, or from favour, as flagitious; for so he consults the good of his country, by causing justice and judgment to reign therein as in heaven, and so he consults the peace of every harmless citizen, and protects him from the violence of evil-doers; all which are good works. ”

“ The advocates of society, like the people's advocates, are disciplined in the practice of truth and justice, and if they think that there is anything in the case in favour of the appellant they are honourably bound to state it to the tribunal. ”

“ My functions as your advocate are at an end. I speak with more than the sincerity of a mere advocate when I express the belief that the case against us has entirely broken down. The cry for reform which has been raised without, is superfluous, inasmuch as we have long been reforming from within, with all needful speed. ”