Faculty

“ FACULTY. An order by the Bishop of a diocese to award some privilege not permitted by common law. A faculty is necessary in order to effect any important alterations in a church, such as the erection of a gallery or an organ. Without a faculty a person is not entitled to erect a monument within the walls of a church. ”

“ Hence it may be a measure of policy with them, to introduce the student, in the first place, to the study of political law, in the hope of making on his raw and unpractised mind, such an impression, as may secure his approbation of the existing order of things. The faculty of investigating legal questions, and forming legal opinions, may almost be regarded as an acquired faculty; so that, in the earlier part of his researches, the student necessarily acquiesces in the doctrines which are pronounced ex cathedra by his teacher. ”

“ If a judge, no proceedings shall be laid before him, and his sentences, where passed, shall be null and void; if an advocate, he shall not have faculty to plead; if a notary, his deeds shall be void; if a cleric, he shall be deposed from his office and benefices. ”

“ Wherefore we exhort him, as well as all the professors, to continue always in this salutary path of reducing more and more the number of those who are to be admitted to the faculties and philosophy, and particularly to the faculty of law, which still continues in excess. ”

“ for know you, child, I have that faculty which is better than any one sense, better than a perfect body, better than courage and will, better than experience, ordinarily the best product of the longest lives—the faculty divinest of men, but which”—he stopped, and laughed again, not bitterly, but with real zest—“but which even the great do not sufficiently account, while with the herd it is a non-existent—the faculty of drawing men to my purpose and holding them faithfully to its achievement, by which, as against things to be done, I multiply myself into hundreds and thousands. ”

“ But whosoever shall seriously consider, how little satisfaction the definition of a faculty given by either Philosophers or Physicians, will bring to a clear understanding, may easily perceive, that distinct parts are commonly taken to be faculties. ”

“ The history of the canonical collections forming the Corpus juris would not be complete without an account of the labours of which they were the object. We know that the universities of the middle ages contained a Faculty of Decrees, with or without a Faculty of Laws, i.e. The study of
canon law. civil law. ”

“ The graduates were given liberty to teach without further examination, and statutes were to be framed by the chancellor, rector, resident doctors, with a competent number of licentiates in each faculty, and circumspect students, alone with two, at least, of the king's council. ”

“ Univ., Ed. 2d, pp. 12, 16. Literary World, Vol. XII. p. 223.
In the older American colleges, whipping and cuffing were inflicted by a tutor, professor, or president; the latter, however, usually employed an agent for this purpose.
See under CORPORAL PUNISHMENT.
2. In the United States, a registrar of the faculty in some colleges, and especially in medical institutions.—Webster.
A dean may also be appointed by the Faculty of each Professional
School, if deemed expedient by the Corporation.—Laws Univ. ”

“ For it is the true office of history to represent the events themselves together with the counsels, and to leave the observations and conclusions thereupon to the liberty and faculty of every man’s judgment. ”

“ Instinct is the fixed but unerring guide of the lower animals; the voluntary imagination, on the other hand, the faculty, that is, which can, at will, be called up and supply images for selection and combination by the judgment, can belong only to beings endowed with reason—that is, to man. ”

“ Neither is thinking, that faculty to which belongs the sense of right and wrong, (the right comprehending judgment, knowledge, and sound opinion, the wrong comprehending their contraries,) to be confounded with feeling—for sensation, being derived from particulars, is ever true, and belongs to all animals; but the judgment may be wrong, and is imparted only to such as have reason. Imagination, in fact, is neither sensation nor judgment, and yet it is not called up without sensation, just as, without sensation, there can be no conception; but it is manifest that imagination is not conception. ”

“ Form these habits now: learn all that may be learned at your University, and bring all your acquisitions and your habits to the study of the law, which you say is to be your profession;—and when you come to this study, come resolved to master it—not to play in its shallows, but to sound all its depths. There is no knowing what a mind greatly and firmly resolved, may achieve in this department of science, as well as every other. Resolve to be the first lawyer of your age, in the depth, extent, variety and accuracy of your legal learning. ”

“ Why are you not a lawyer?”
“Rosalie, I made an effort, many an effort, to get admitted to practice, at the bar of S——. I had thought myself well qualified, for I had studied legal science with what you call an attraction—a vocation for the profession. For several years past I had read law con amore; yet, through the want of familiarity with the technicalities of practice, I failed to get admitted as a practitioner before the court.” ”

“ I have really had some sort of legal training, and as I assuredly know that I shall conduct my own defence in a manner which will recommend itself to my heart and my conscience, so do I believe that, if I choose to exercise it--and I suppose most men in my position would so choose--I have legal knowledge sufficient for my needs. The learned counsel who has addressed your lordship has put the matter most fairly. ”

“ No person convicted of Catholicism may practice the common law as a counsellor, clerk, attorney, or solicitor, nor may practice civil law as advocate, or proctor, nor shall be justice, minister, clerk, or steward in any court, nor practice medicine, nor perform as apothecary, nor be officer in a town, in the army, or navy, or forfeit 100 pounds. ”

“ Truly, Master Judge, he is a man much spoken of; marry, every man's cries are against him, and especially we; and therefore I think we have brought our Lawyer to touch him with as much law as will fetch his lands and my cow with a pestilence.
Thras. Sir, I am the other plaintiff, and this is my counsellor: I beseech your honour be favourable to me in equity. ”

“ When the lawyer prepares his own case and makes the argument, as he generally does, he acts in the capacity of both attorney and councillor. In the court of chancery the lawyer is denominated solicitor, and in the admiralty court, proctor. Before a person is permitted to practise law in our courts, he is required to pass through a regular course of study, and afterwards [216] undergo an examination before persons learned in the law.
2. This profession has its foundation in the numerous and complicated laws which have been adopted by men, to govern their intercourse with each other. ”

“ These things we have seen fit to grant to him and his successors, adding these conditions: that he shall permit no clerk to be arrested unless for a misdemeanour; that he shall restore any one detained for such fault or for any light offence to his master or to the rector if he asks for him, a promise having been given that the culprit will appear in court and that the rector or master will answer for him if the injured parties should go to law about the matter. ”

“ Good. I 'll make you a proposition. The twenty-five hundred dollars shall be held in trust by me, on his demand at any time. We 'll settle about yours afterward. Then he shall be put on probation for, say, a year--in our office. You can either coach him in his studies, for I am confident now that you will be up in yours hereafter, or he can attend night-school. And after that, if he comes through his period of probation with flying colors, I 'll give him the same opportunities for an education that you possess. ”

“ I sent a boy to the Industrial School on the charge of ‘needing correction for his own good.’ The boy had made a clean breast of it to me, and we had such a perfect understanding, that boy and I, that he had taken his commitment papers and gone off by himself to Golden. Then appeared Counsel employed by his parents, de- claring that he had been dealt with without due process of law, no jury trial, etc., etc. He (the lawyer) said he would apply for a writ of habeas corpus. ”

“ See lord Bacon's proposals and offer of a digest.
For I think it is past dispute that those gentlemen, who resort to the inns of court with a view to pursue the profession, will find it expedient (whenever it is practicable) to lay the previous foundations of this, as well as every other science, in one of our learned universities. We may appeal to the experience of every sensible lawyer, whether any thing can be more hazardous or discouraging than the usual entrance on the study of the law. ”

“ I want to call attention to that, your Honor, Section 12 is the section providing that the state should cherish science, literature and learning. Now, your Honor, I make it a rule to try not to argue anything that I do not believe in, unless I am caught in a pretty close corner and I want to say that the construction of the attorney-general given to that, I think, is correct and the court added a little to it, which I think makes your interpretation correct for what it is good for. ”

“ And you, greater mortals—you, rector of a beautiful parish, who think you would have done for a bishop as well as the clergyman next you who has got the mitre; you, clever barrister, sure some day to be solicitor-general, though sore to-day because a man next door has got that coveted post before you; go and see the successful man—go forthwith, congratulate him heartily, say frankly you wish it had been you: it will do oreat good both to him and to yourself. ”

“ Ancient judicial theory and practice comprehended not merely trials before a regular tribunal, in which the merits of a case were duly ascertained by the joint efforts of judge, counsel, and assize, but also an alternative method of arriving at the same result—namely, a solemn appeal to the bar of Almighty God. ”

“ Through all the Employments of Life Each Neighbour abuses his Brother; Whore and Rogue they call Husband and Wife: All Professions be-rogue one another: The Priest calls the Lawyer a Cheat, The Lawyer be-knaves the Divine: And the Statesman, because he's so great, Thinks his Trade as honest as mine.
A Lawyer is an honest Employment, so is mine. Like me too he acts in a double Capacity, both against Rogues and for 'em; for 'tis but fitting that we should protect and encourage Cheats, since we live by them. ”

“ Every pleader who acts in the business of another should have regard to four things:—First, that he be a person receivable in court, that he be no heretic, nor excommunicate, nor criminal, nor man of religion, nor woman, nor ordained clerk above the order of sub-deacon, nor beneficed clerk with the cure of souls, nor infant under twenty-one years of age, nor judge in the same cause, nor open leper, nor man attainted of falsification against the law of his office. ”

“ The judgment and discretion in determining on skill, learning, and sufficiency to practise physic, is trusted to the College, and the Court will not interrupt them in the due and proper exercise of it. ”

“ But in civil cases the magistrate, though controlling the trial and deciding matters of law, was quite distinct from the judge or body of judges who decided the question of fact; and the quaestiones perpetuae, which reduced the magistrate in criminal cases to a mere president of the court, gave him a position inferior to that of the praetor, who tried civil cases, only in so far as the praetor controlled the trial in some degree by his formula, under which the judges decided the question of fact. ”

“ Would the229 members of the Senate, does he think, appeal from any judicial sentence, though ever so just and statutable, on no very important occasion, when a certain expence is necessarily incurred, and when there could not be the least hopes of redress? Or, would any tutor can he imagine, who has a character to maintain, and who is not less concerned to support good order and discipline, than the supreme magistrate himself, interpose his claim of Appeal for his pupil, without, at least, some fair and reasonable grounds? ”

“ If you at an Office solicit your Due, And would not have Matters neglected; You must quicken the Clerk with the Perquisite too, To do what his Duty directed.
Or would you the Frowns of a Lady prevent, She too has this palpable Failing, The Perquisite softens her into Consent; That Reason with all is prevailing.
LUCY. What Love or Money can do shall be done: for all my Comfort depends upon your Safety.
[Enter Polly.] ”

“ Whenever the legislature has accurately determined what are the facts which shall give commencement, and what those which shall give termination to a right, the whole confused and intricate mass of what in English law is called Pleading, reduces itself to those clear and simple elements. A begins, by affirming some one of the facts which gives commencement to a right. ”

“ RUSTICATION. In universities and colleges, the punishment of a student for some offence, by compelling him to leave the institution, and reside for a time in the country, where he is obliged to pursue with a private instructor the studies with which his class are engaged during his term of separation, and in which he is obliged to pass a satisfactory examination before he can be reinstated in his class. ”

“ Therefore, Our Will and Pleasure is, that in any Suit or Suits commenced, or to be commenced in any of our Courts at Westminister, or elsewhere, by the said Treasurer and Company, or otherwise against any such persons, that our Judges for the Time being, both in our Court of Chancery, and at the Common Pleas do favour and further the said Suits so far forth as Law and Equity will in any wise further and permit. ”