The Adventures of Hugh Trevor Part 47

'My friend Trevor mistakes the nature of the profession he is studying,' added Trottman. 'He forgets that the question before a Court is not, what is this, that, or the other; which he may think proper to call justice; but, what is the law?'

'To be sure, sir;' continued Stradling. 'It is that which, as a lawyer, you must attend to; and that only.'

'I will cite you an example,' said Trottman.

'A was a gentleman of great landed property. B was an impertinent beggarly kind of st.u.r.dy fellow, his neighbour. A had an estate in the county of ---- that lay in a ring-fence: a meadow of nine acres excepted, which belonged to B. This meadow it was convenient for A to purchase; and he sent his steward, who was an attorney, to make proposals. B rejected them. The steward advised A to buy the estate that belonged to C, but that was farmed by B. The advice was followed.

The lease of B expired the following year; and a new one was denied by A, unless B would sell his meadow. B consented. A bought the meadow, but determined to have his revenge. For this purpose A refused payment, and provoked B to commence an action. The law he knew very well was on the side of B: but that was of little consequence.

Plaintiff B brought his action in Trinity Term. Defendant A pleaded a sham plea: a.s.serted plaintiff had been paid for his meadow, by a firkin of b.u.t.ter: [All a lie, you know.] long vacation was thus got over, and next term defendant files a bill in Chancery, to stay proceedings at law. Plaintiff B files his answer, and gets the injunction dissolved: but A had his writ ready and became plaintiff in error, carried it through all the Courts: from K.B. to the Exchequer-chamber; and from the Exchequer-chamber, as A very well knew that B had no more money, A brought error into Parliament; by which B was obliged to drop proceedings. His attorney, of course, would not stir a step further; and the fool was ruined. He was afterward arrested by his attorney for payment of bill in arrear; and he now lies in prison, on the debtors'-side of Newgate.'

'How you stare, Mr. Trevor!' added Stradling. 'Every word true. We all know a great lord who has carried I cannot tell how many such causes.'

'And were the judges,' said I, 'acquainted with the whole of these proceedings?'

'How could they be ignorant of them? Judgment had pa.s.sed against defendant A in all the Courts.'

'And did they afford the plaintiff no protection?'

'They protect! Why, Mr. Trevor, you imagine yourself in Turkey, telling your tale to a Cady, who decides according to his notions of right and wrong; and not pleading in the presence of a bench of English judges, who have twice ten thousand volumes to consult as their guides which leave them no opinion of their own. It is their duty to p.r.o.nounce sentence as the statute-books direct: or, as in the case I have cited, according to precedent, time immemorial.'

'And this is what you call law?'

'Ay! and sound law too.'

'Why then, d.a.m.n the--'

'You do right to stop short, sir.'

'It appears to me that I am travelling in a cursed dirty as well as th.o.r.n.y road,' said I, with a sigh.

'Why, to own the truth,' added Trottman, 'you must meet with a little splas.h.i.+ng: and, unless you can turn back and look at it with unconcern, I should scarcely advise you to proceed.'

'I shall certainly reconsider the subject!'

'A pair of lawyers, like a pair of legs, are apt to bespatter each other: but they nevertheless remain good friends and brothers. If you send your spaniel into a muddy pool, you ought to take care, when he comes out, that he does not shake the filth he has collected over his master.'

'I wonder, sir, that you should continue one of a profession which you treat with such unsparing severity.'

'And I, sir, do not wonder at your wonderings. Life is a long road; and he must have travelled a very little way indeed who expects that it should be all a bowling-green. Pursue your route in which direction you will, law, trade, physic, or divinity, and prove to me that you will never have occasion to shake off the dust from your feet in testimony against it, and I will then pause and consider. You are of the sect of the Perfectibles.'

'And you of the cast of the Stand-stills.'

'Oh no. I conceive myself to be among children at a fair, riding in a round-about. Like the globe they inhabit, men are continually in motion: but they can never pa.s.s their circle.'

'And do you suppose you know the limits of your circle?'

'Within a trifle. The experience of states, empires, and ages has decided that question with tolerable accuracy.'

'But, what if a power should have arisen, of which you have not had the experience of states, empires and ages; except of a very small number? And what if this partial experience, as far as it goes, should entirely overthrow your hypothesis?'

'I know that, in argument, your _if_ is a very renowned potentate. If the moon should happen to be a cheese, it may some time or another chance to fall about our ears in a shower of maggots. But what is this mighty power, that has done so much in so short a time; and from which you expect so many more miracles?'

'It is the art of printing. When knowledge was locked up in Egyptian temples, or secreted by Indian Bramins for their own selfish traffic, it was indeed difficult to increase this imaginary circle of yours: but no sooner was it diffused among mankind, by the discovery of the alphabet, than, in a short period, it was succeeded by the wonders of Greece and Rome. And now, that its circulation is facilitated in so incalculable a degree, who shall be daring enough to a.s.sert his puny standard is the measure of all possible futurity? I am amazed, sir, that a man of your acuteness, your readiness of wit, and your strength of imagination, can persist in such an affirmative!'

'The _argumentum ad hominem_. Very sweet and delectable. Thank you, sir.'

'Every thing is subject to change: why not therefore to improvement?

That change is inevitable there are proofs look where you will: that which is called innovation must consequently be indispensible.

Examine the history of your own science. When England was infested with wolves, we are told that King Edgar imposed an annual tribute of thirty wolves' heads on the Welsh Princes; that the breed might be extirpated. Had this tribute been levied, after the race was partly destroyed, the law would have counteracted its own intention: for, in order to pay the tax, the tributary Princes must have encouraged the breed; and once more have stocked the country with wolves.'

Stradling was little better than infected with what have been lately stigmatised by the appellation of Jacobinical principles, and exclaimed, with great exultation--'Your remark is very true, sir; and it is an example that will serve admirably well to ill.u.s.trate another point. Placemen and pensioners, a race more ravenous and infinitely more destructive than wolves, have been propagated for the support of the Executive Government; and the breed increases so rapidly that it will very soon devour its feeders.'

'And next itself.'

'With all my heart! Let me but see that vermin extirpated, and I shall die in peace!'

'Very right, Mr. Stradling;' said Trottman, with great gravity.

'Placemen, and pensioners are vile vermin! And so will remain, till your party comes into office.'

'If ever I could be brought to accept of place, or pension, may I--!'

'I believe you: for I am well persuaded your virtue will never be put to the trial. Otherwise, I should imagine, it would find as many good arguments, I mean precedents, in favour of the regular practice in politics as in law.'

Here our dialogue paused. Dinner was announced, and law, politics, and patriotism were for a while forgotten, by all except myself, in the enjoyments of venison and old port.

CHAPTER II

_More painful doubts, and further enquiries: Unexpected encouragement and warm affections from a character before supposed to be too cold: Hope strengthened and confirmed_

Desultory as the conversation I have recited had been, it left a very deep impression upon my mind. It was roundly a.s.serted, by every lawyer to whom I put the question, that the whole and sole business of a counsellor was the defence of his client. Right or wrong, it was his duty to gain his cause; and, with respect to the justice of it, into that, generally speaking, it was impossible that he should enquire.

Briefs were frequently put into his hand as he entered the Court; which he was to follow as instructed.

It did now and then happen that a cause was so infamous as to put even the hacknied brow of a barrister to the blush: but it must be a vile one indeed! And even then, when he threw up his brief, though paid before he began to plead, it was matter of admiration to meet so disinterested an example of virtue, in an advocate.

It was in the practice of the law that I hoped to have taken refuge, against the arguments of Turl: which, averse as I had been to listen, proved even to me that, in principle, it was not to be defended.

The train of thinking that followed these deductions was so very painful that I was obliged to fly from them; and seek advice and confirmation in the friends.h.i.+p of Wilmot, before I should write on the subject to Mr. Evelyn. For the latter task indeed my mind was not yet sufficiently calm, collected, and determined.

My chief consolation was that the subject had thus been strongly brought to the test of enquiry, before the expiration of the month which, according to agreement, I was to be with Counsellor Ventilate, previous to the payment of my admission-fee; of which, as it was a heavy one, thus to have robbed the charities of Mr. Evelyn would have given me excessive anguish.

I know not whether I was sorry or glad when I came to Wilmot's lodging, to find Turl there. He had returned from his bathing excursion; having been called back sooner than he expected by his affairs.

He was cheerful, and in excellent spirits. His complexion was clear, his health improved, and his joy at our meeting was evident and unaffected. He even owned that, hearing I had devoted myself to the law, he had returned thus soon the more willingly once again to argue the question with me: for that he felt himself very highly interested in the future employment of talents of which he had conceived extraordinary hopes; and that he thought it impossible they should be devoted to such a confusing study, were there no other objection to it, as that of the law, without being, not only perverted and abused, but, in a great degree, stifled.

After an avowal like this, it required an effort in me to summon up my resolution, and honestly state the doubts and difficulties that had arisen in my own mind. It was happy for me that my friends were men whose habitual sincerity prompted me to a similar conduct. I therefore took courage, opened my heart, and, while describing my own sensations, was impelled to confess that the practice of the law could with great difficulty indeed be reconciled to the principles of undeviating honesty.