The Works of Samuel Johnson, Volume 06 eBook

This eBook from the Gutenberg Project consists of approximately 612 pages of information about The Works of Samuel Johnson, Volume 06.

The Works of Samuel Johnson, Volume 06 eBook

This eBook from the Gutenberg Project consists of approximately 612 pages of information about The Works of Samuel Johnson, Volume 06.

Of this new system of laws, contracted as it is, a full account cannot be expected in these memoirs; but, that curiosity may not be dismissed without some gratification, it has been thought proper to epitomise the king’s plan for the reformation of his courts.

“The differences which arise between members of the same society, may be terminated by a voluntary agreement between the parties, by arbitration, or by a judicial process.

“The two first methods produce, more frequently, a temporary suspension of disputes than a final termination.  Courts of justice are, therefore, necessary, with a settled method of procedure, of which the most simple is to cite the parties, to hear their pleas, and dismiss them with immediate decision.

“This, however, is, in many cases, impracticable, and in others is so seldom practised, that it is frequent rather to incur loss than to seek for legal reparation, by entering a labyrinth of which there is no end.

“This tediousness of suits keeps the parties in disquiet and perturbation, rouses and perpetuates animosities, exhausts the litigants by expense, retards the progress of their fortune, and discourages strangers from settling.

“These inconveniencies, with which the best-regulated polities of Europe are embarrassed, must be removed, not by the total prohibition of suits, which is impossible, but by contraction of processes; by opening an easy way for the appearance of truth, and removing all obstructions by which it is concealed.

“The ordonnance of 1667, by which Lewis the fourteenth established an uniformity of procedure through all his courts, has been considered as one of the greatest benefits of his reign.

“The king of Prussia, observing that each of his provinces had a different method of judicial procedure, proposed to reduce them all to one form; which being tried with success in Pomerania, a province remarkable for contention, he afterwards extended to all his dominions, ordering the judges to inform him of any difficulties which arose from it.

“Some settled method is necessary in judicial procedures.  Small and simple causes might be decided upon the oral pleas of the two parties appearing before the judge; but many cases are so entangled and perplexed as to require all the skill and abilities of those who devote their lives to the study of the law.

“Advocates, or men who can understand and explain the question to be discussed, are, therefore, necessary.  But these men, instead of endeavouring to promote justice and discover truth, have exerted their wits in the defence of bad causes, by forgeries of facts, and fallacies of argument.

“To remedy this evil, the king has ordered an inquiry into the qualifications of the advocate.  All those who practise without a regular admission, or who can be convicted of disingenuous practice, are discarded.  And the judges are commanded to examine which of the causes now depending have been protracted by the crimes and ignorance of the advocates, and to dismiss those who shall appear culpable.

Copyrights
Project Gutenberg
The Works of Samuel Johnson, Volume 06 from Project Gutenberg. Public domain.