ead:
Verse 46. "And he said, Woe unto you also, ye lawyers! for ye lade
men with burdens grievous to be borne, and ye yourselves touch not
the burdens with one of your fingers."
Verse 52. "Woe unto you, lawyers! for ye have taken away the key of
knowledge: ye entered not in yourselves, and them that were
entering in ye hindered."
The line between the judicial and advisory functions of the Hebrew
Scribes was not closely or clearly drawn. They were evidently supposed
to occupy a disinterested position toward those who consulted them and
to be in a sense the associates of the judges. Since the motive which
prompted their study of particular cases was supposed to be only that of
vindicators of general justice, the rules which nominally guided their
action, as announced by the lawgivers, required that their services
should always be gratuitous. But quite naturally their consultation with
private litigants prompted such litigants to influence their view of the
law, and command their skill in debate. And so to evade the rule which
prevented remuneration they established the custom of giving presents in
advance. These presents given in advance to secure the kindly favor of
the Scribes are interesting as the precursors of that institution dear
to every English barrister, and not unknown--nor even objectionable--to
American lawyers, to wit, the Retainer. In fact it was the impossibility
of finding men who could remain judicial in their attitude when the
thought of remuneration moved them to advocate the cause of one of the
litigants, that put the Scribes of those days in an indefensible
position and led to the attacks upon them that we find in the New
Testament.
And so it was in Rome. There the progenitor of the lawyer was first the
priest, the _Pontifex_, mingling judicial and advisory functions, and
then the _patronus_ or the orator, a man of wealth and high standing in
the community, who had gathered about him freed men and Plebeians as his
supporters. The latter were known as his _clientes_, from which term our
word is derived. When one of his clients became involved in a lawsuit,
the _patronus_ appeared to advise the judge--a magistrate acting only as
vindicator of general justice and often not learned in the principles of
law--and was not supposed to receive any compensation. Less than the
_patronus_, but exercising similar functions, was the _advocatus_--who,
though perhaps not so lear
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