opularity of the Bar manifested itself in the enactment of statutes
forbidding the election of lawyers to Parliament. This gave rise to the
noted Parliament known as the "Dunces Parliament," because everybody who
knew anything about the law, and therefore about the framing or the
operation of statutes, was excluded from membership.
In his interesting history of the American Bar, Mr. Charles Warren, of
the Boston Bar, says:
"Lawyers, as the instruments through which the subtleties and
iniquities of the Common Law were enforced, were highly unpopular
as a class in England during the period of Cromwell and Milton."
Milton wrote:
"Most men are allured to the trade of law, grounding their purposes
not on the prudent and heavenly contemplation of justice and
equity, which was never taught them, but on the promising and
pleasing thoughts of litigious terms, fat contentions and flowing
fees."
As examples of a lawyer's reputation in London in the seventeenth
century, Mr. Warren cites the titles of the following tracts printed at
that time: "The Downfall of Unjust Lawyers"; "Doomsday Drawing Near
with Thunder and Lightning for Lawyers"; "A Rod for Lawyers who are
Hereby declared Robbers and Deceivers of the Nation"; "Essay where is
Described the Lawyers, Smugglers and Officers Frauds."
I note these facts as I progress to indicate and reinforce my original
statement that the present time is not the only time in the history of
civilization when lawyers have received the condemnation of their fellow
subjects or fellow citizens. Yet not only has the profession survived
such movements but its usefulness has been recognized in succeeding
crises.
I need hardly mention that most of the progress toward individual
liberty in English history was made through the successful struggle of
the lawyers against the assertion of the divine right of Kings and
through the defence of privilege by members of our profession. Lawyers
like Lord Coke and Lord Hale stand out in the profession for their
maintenance of the independence of the judiciary and their support of
the liberties of subjects. The great charters, the Petition of Right,
the Habeas Corpus Act, the Bill of Rights, and the Acts of Settlement,
establishing the judiciary independent of Royal control, were obtained
at the instance of lawyers who knew better than any other class the
absolute necessity for such reforms in the maintenance of
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