note by Baxter in Burnet's
Life of Hale. "And indeed Judge Hale would tell me that Bishop Usher was
much prejudiced against lawyers because the worst causes find their
advocates; but that he and Mr. Selden had convinced him of the reasons
of it to his satisfaction; and that he did by acquaintance with them
believe that there were as many honest men among lawyers,
proportionably, as among any profession of men in England (not excepting
bishops or divines)." 1 Hale's Works, 106.
[13] 2 Wynne's Eunomus, 557.
[14] "Although Serjeants have a monopoly of practice in the Common
Pleas, they have a right to practice, and do practice, at this bar; and
if we were to assign one of them as counsel, and he were to refuse to
act, we should make bold to commit him to prison." Per C. J. Hale. 2
Campbell's Lives of the Chief Justices, 20; citing Freeman, 389; 2 Lev.
129; 3 Keble, 424, 439, 440.
[15] Let the circumstances against a prisoner be ever so atrocious, it
is still the duty of the advocate to see that his client is convicted
according to those rules and forms which the wisdom of the legislature
have established, as the best protection of the liberty and security of
the subject. Professor Christian's note to 4 Blackst. Com. 356. From the
moment that any advocate can be permitted to say that he _will_ or will
_not_ stand between the crown and the subject arraigned in the court
where he daily sits to practise, from that moment the liberties of
England are at an end. If the advocate refuses to defend from what _he
may_ think of the charge or of the defence, he assumes the character of
the judge, nay, he assumes it before the hour of judgment; and in
proportion to his rank and reputation, puts the heavy influence of
perhaps a mistaken opinion into the scale against the accused, in whose
favor the benevolent principle of English law makes all presumptions,
and which commands the very judge to be his counsel. Lord Erskine, 6
Campbell's Lives of the Chancellors, 361.
[16] Per Gibson, C. J., in Rush _v._ Cavenaugh, 2 Barr, 189.
[17] "There are many who know not how to defend their causes in
judgment, and there are many who do, and therefore pleaders are
necessary; so that that which the plaintiffs or actors cannot or know
not how to do by themselves, they may do by their serjeants, attorneys,
or friends." Mirr. of Justices, ch. 2, sec. v.
[18] Rush _v._ Cavenaugh, 2 Barr, 189. If the client in any suit
furnishes his attorney
|