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.

“When advocates are too numerous to live by honest practice, they busy themselves in exciting disputes, and disturbing the community:  the number of these to be employed in each court is, therefore, fixed.

“The reward of the advocates is fixed with due regard to the nature of the cause, and the labour required; but not a penny is received by them till the suit is ended, that it may be their interest, as well as that of the clients, to shorten the process.

“No advocate is admitted in petty courts, small towns, or villages; where the poverty of the people, and, for the most part, the low value of the matter contested, make despatch absolutely necessary.  In those places the parties shall appear in person, and the judge make a summary decision.

“There must, likewise, be allowed a subordination of tribunals, and a power of appeal.  No judge is so skilful and attentive as not sometimes to err.  Few are so honest as not sometimes to be partial.  Petty judges would become insupportably tyrannical if they were not restrained by the fear of a superiour judicature; and their decisions would be negligent or arbitrary if they were not in danger of seeing them examined and cancelled.

“The right of appeal must be restrained, that causes may not be transferred without end from court to court; and a peremptory decision must, at last, be made.

“When an appeal is made to a higher court, the appellant is allowed only four weeks to frame his bill, the judge of the lower court being to transmit to the higher all the evidences and informations.  If, upon the first view of the cause thus opened, it shall appear that the appeal was made without just cause, the first sentence shall be confirmed without citation of the defendant.  If any new evidence shall appear, or any doubts arise, both the parties shall be heard.

“In the discussion of causes altercation must be allowed; yet to altercation some limits must be put.  There are, therefore, allowed a bill, an answer, a reply, and a rejoinder, to be delivered in writing.

“No cause is allowed to be heard in more than three different courts.  To further the first decision, every advocate is enjoined, under severe penalties, not to begin a suit till he has collected all the necessary evidence.  If the first court has decided in an unsatisfactory manner, an appeal may be made to the second, and from the second to the third.  The process in each appeal is limited to six months.  The third court may, indeed, pass an erroneous judgment; and then the injury is without redress.  But this objection is without end, and, therefore, without force.  No method can be found of preserving humanity from errour; but of contest there must sometime be an end; and he, who thinks himself injured for want of an appeal to a fourth court, must consider himself as suffering for the publick.

“There is a special advocate appointed for the poor.

“The attorneys, who had formerly the care of collecting evidence, and of adjusting all the preliminaries of a suit, are now totally dismissed; the whole affair is put into the hands of the advocates, and the office of an attorney is annulled for ever.

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