rdering 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.
"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
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