« AnteriorContinuar »
offspring legitimate. The subject of slave marriages words are generic, and cover statutory additions is discussed at length in a very carefully considered made since the adoption of the constitution to the article appearing in the November number of the classes of cases in which jury trial was in use at the Virginia Law Journal, the decision in Colston v. time of such adoption. Fire Dept. of N. Y. v. HarQuander furnishing the nucleus around which the | rison, 2 Hilt. 455; Wynehammer v. People, 13 N. Y. authorities are gathered. In Jones v. Jones, 36 Md. 426. See, also, People v. Turner, 55 III. 280; 8 Am. 447, it was decided that the children of a slave who | Rep. 615; Duffy v. People, 6 Hill, 75; St. Paul d intermarried with a free colored woman were legiti- | Sioux City R. R. Co. v. Gardner, 18 Am. Rep. 334; mate, and could inherit from their paternal uncle. Phelps v. Racey, 19 id. 140; Comp v. Henneker, 20 In Hampton v. State, 45 Ala. 82, it was held that a id. 194. In the case of Portland v. Bangor, 65 Me. slave woman who, during the existence of slavery, | 120; 20 Am. Rep. 681, it was held that a State married a slave man according to the ceremonies in statute authorizing two overseers of the poor in any use among slaves, and who, after the abolition of town, by writing, under their hand, to commit slavery, continued to live with him as his wife, was paupers and vagrants to the work-house, was in viohis lawful wife, and was incompetent as a witness lation of the 14th Amendment of the Federal conagainst him upon a trial for murder. See further stitution. See, also, Prescott v. State, 19 Ohio St. upon the question, State v. Adams, 65 N. C. 537; 184; 2 Am. Rep. 388. State v. Taylor, Phillips, 508; Sikes v. Swanson, 44 Ala. 633; Timmins v. Lacy, 30 Tex. 115; Pierre v.
In the case of Matter of Ward, 2 Redf. 251, the Fontenette, 25 La. Ann. 617; Houard v. Howard, 6
| question was, whether a deposit by a husband in a Jones' Law, 235; Johnson v. Johnson, 30 Mo. 72;
savings bank of moneys in the name of himself State v. Tachanatah, 64 N. C. 614; Beamish v. Beam
"or" wife, he keeping possession of the bank-book ish, 9 II. & C. 274; Girod v. Lewis, 6 Martin, 559 ;
and controlling the deposit as his own, was suffiState v. Harris, 63 N. C.1; Estill v. Rogers, 1 Bush,
cient to constitute a gift to the wife of the moneys 62; Hall v. United States, 2 Otto, 27.
on deposit, so as to give the wife title thereto after
the decease of the husband. The surrogate of New The legislature of Illinois, at its last session, for | York, who decided the case, said that there was not the purpose of suppressing the tramps, passed a such a parting with the possession or title to the stringent vagrant law. The statute requires a jus- money deposited as to divest the husband of all tice of the peace or police magistrate, before whom right to such money which is absolutely essential complaint is made for vagrancy, to proceed within to a gift inter cicos. The surrogate cites, in support thirty-six hours and try the accused, and, if the jus of his decision, Irish v. Nutting, 47 Barb. 370. In tice finds him guilty, he is authorized to sentence that case the intestate gave several notes of a third him to six months' imprisonment in jail or at hard party to his wife, saying, “I give you these notes, labor upon the public streets. The justice is re | and if I never return they are yours.” This was quired to make a full record of the various facts in held not to be a valid gift inter vicos, for the reason the case, and the mittimus is required to state the that it was coupled with a condition upon the hapsame and “the finding of the court and the sentence." | pening of which the owner was to again receive In the case of People v. Brown, decided by the possession. See, also, Bedell v. Carl, 33 N. Y. 581; Criminal Court of Cook county on the 6th inst., the Shuttleworth v. Winter, 55 id. 624. See, however, act is held to be unconstitutional. The court say Sanford v. Sanford, 45 id. 723, where it is held that the statute being in derogation of the common that if one loaning money takes a promissory note law must be strictly construed, and all its require therefor, payable to the order of himself and wife, ments strictly observed (Bullock v. Gamble, 45 Ill. this imports a gift to the wife in case she survives 21; 1 Kent's Com. [Comst. Ed.) 598, note a); that, him, and delivery of the note to her by the husband so construed, it deprives the accused of a jury trial, is not necessary to perfect the gift. See, as supand is, therefore, in violation of a provision of the porting the view taken in the principal case, Smith constitution of the State, providing that no person v. Dorsey, 38 Ind. 451; 10 Am. Rep. 118, where an shall be held to answer for a criminal offense pun- enlisted man, just starting for the army, said to deishable with imprisonment except on indictment fendant, to whom he had loaned a gun, “if I never and a trial by jury, and also of a provision declar return you may keep that gun as a present from ing that the right of trial by jury, as heretofore en- me." He never returned, but died in the service, joyed, shall remain in violate. At the time of the and it was held that there was no gift, either inter adoption of the constitution vagrancy was defined, viros or causa mortis. See further upon the subject and was required to be established by the verdict of of gifts, Grymes v. Hone, 49 N. Y. 17; 10 Am. Rep. a jury. The decision appears to be upheld by the
313; Case v. Dennison, 9 R. I. 88; 11 Am. Rep. 222.
Tillinghust v. Wheaton, 8 R. I. 536; 5 Am. Rep. 621; current of authority. In this State, where the right
| Gray v. Barton, 13 id. 181; Minor V. Rogers, of trial by jury extends “to all cases in which it has 16 id. 69; Ellis v. Secor. 18 id. 178, and note, p. been heretofore used,” it has been held that these I 184, where the leading authorities are collated.
man.?" Mr. Pierce aptly says: “Little thought REMINISCENCES OF KENT AND BROUGHAM.
the great orator that he was greeting one who was WE return to Mr. Pierce's charming “Memoirs | to succeed him in the Senate, with a longer term, Wand Letters of Charles Sumner," in accordance and as time may show, a more enduring fame than with our promise. So full of interest to lawyers do | his own." we find these letters, that we shall scarcely have Of English legal celebrities Sumner's reminiscences present space for more than the recollections of Kent are more copious. The great figure of Brougham is and a few other American lawyers, and Brougham, the most exactly depicted. With him Sumner seems and shall have to postpone the reminiscences of the | to have been on extremely intimate terms, his guest minor lights of the English bar.
and familiar companion, walking arm-in-arm with Sumner gives us a microscopic and amusing picture of Kent, in 1834. At this time the Chancellor a juster idea than Wellington, who said of him, lived in a “splendid house” two or three miles | “Damned queer fellow — half mad.” There was from the heart of the city of New York, where a / no love lost between Brougham and Wellington, for year or two before had been a pasture. The Chan the former said of the Duke, “Westminster Abbey cellor's domestic habits, his cordiality, frankness, is yawning for him.” Sumner's first sight of and simplicity, his bad grammar in conversation, Brougham was in a French court, — "the gentlehis talkativeness, his passion for general reading, | man was tall and rather loosely put together, -- not especially for novels, his remarkable collection of unlike, in this particular, Henry Clay. I looked at pamphlets, his love of natural scenery, his prefer- him for one moment, and at once knew him to be ence of the common law to the civil on the subject | Lord Brougham, who is now in Paris, from the of husband and wife, his violent hatred of General | resemblance to the caricatures, though all these are Jackson,-all these traits are remarked. The writer | immensely exaggerated.” Of his capacity for labor, says: “He opens himself like a child. This, | Dr. Lushington told Sumner that when Chancellor, though. I attributed to a harmless vanity. He un- | Brougham nearly killed himself and all his bar. doubtedly knows that he is a lion, and therefore | At the first interviewing between Sumner and offers himself readily for exhibition. Indeed, he | Brougham, the latter invited Sumner to visit him seemed to be unfolding his character and studies, at Brougham Hall. “He flattered me, by saying etc., to me, as is purposely to let me know the whole that he knew me by reputation (the lord knows bent and scope of his mind. I thought more than | how); and as I was leaving, he took me by the arm, once that he was sitting for his picture,”-an opera- and conducted me to the door, repeating his invitation, however, to which the Chancellor seems to tion again, saying, 'come down, and we will be have been rather averse, for “he said he would quiet, and talk over the subject of codification.'" rather sit to be scraped by a barber ten times than | “I am at a loss to account for my reception from to have his portrait taken.” When Sumner handed Brougham; for he is a person almost inaccessible at him a letter from Greenleaf, the Chancellor, after present, who sees very little society, but occupies reading it, said: “That Mr. Greenleaf is a civil sort | himself with affairs and with composition.” Sir of a man ; he was a great loss to the profession at David Brewster told Sumner that “he received Portland ; makes a fine professor, I have no doubt." several letters from Lord Brougham, written in When Sumner sailed for Europe the kind Chancellor court, when Chancellor, on light, one of them foursent him books to read on the voyage. At Saratoga | teen pages long." Probably he thought that occuSumner met “ two well-known jurists, Chancellor pation more apparently respectful to the counsel Walworth and Judge Cowen,” neither of whom in | than going to sleep. Meeting Brougham at dinner, he terested him. He says: “ They are both mere book- says: “My wonder at Brougham rises anew. Tomen. Judge Oakley, of New York, whom I met, is night he has displayed the knowledge of the artist abler than both.” Rather ex cathedra for a boy of and the gastronomer. He criticised the ornaments twenty-six! “ Johnson, the reporter, is one of the of the drawing-room like a connoisseur, and dismost agreeable and gentlemanly men I ever met;" cussed subtle points of cookery with the same “gentlemanly, accomplished, and talented, truly a | earnestness with which he emancipated the West delightful character.” Of Choate he writes : “He | India slaves and abolished rotten boroughs. Callis the leader of our bar, with an overwhelming su- ing for a second plate of soup, he said there was a perfluity of business, with a strong taste for books thought too much of the flavor of wine'; but that and learned men, with great amiableness of charac- it was very good. He told how he secured good ter, and untiring industry.” In 1831 Sumner re- steaks, by personally going into the kitchen and ceived a prize from the “Boston Society for the watching over his cook, to see that he did not spoil Diffusion of Useful Knowledge,” of which Daniel | them by pepper and horse-radish — the last being Webster was president, for the best essay, by a enough to make a man go mad.” Brougham and minor, on Commerce. He tells us, “I had to step | Courtenay alternately quoted to Sumner several out and receive some compliments from the 'godlike 'Greek epigrams written by the lawyers Williams and Alderson. Brougham told Sumner that his did he show any of the delicate attentions of the own Greek epigram on Chantrey's woodcocks was host.” He had nothing to say about "codification," the worst of all. (Chantrey, the sculptor, on a visit spite of his previous intimation. “He professed at Holkham Hall, had killed two woodcock at one an interest in America, but did not seem to care to shot, an exploit which he celebrated in a marble speak about it.” He contemplated visiting us, howtablet which he presented to his host, who invited ever. He had “understood that Webster is a clever all the classical world to write Greek epigrams on man.” He expressed the strongest regard for Story, the occasion.) Sumner adds: “Lord Brougham is but was ignorant of several of his works. He was not agreeable at dinner. He is, however, more in | all devotion to his aged mother, a very superior teresting than any person I have met. He has not woman, who presided at his table, and Sumner the airy graces and flow of Jeffrey, the piercing | bears testimony to his tenderness to his invalid humor of Sidney Smith, the dramatic power of daughter. Elsewhere Sumner writes: "The style Theodore Hook, or the correct tone of Charles of intercourse between Lyndhurst and Brougham, Austin; but he has a power, a fulness of informa- these two ex-Chancellors, was delightful. It was tion, and physical spirits, which make him more entirely familiar, “Copley, a glass of wine with you.' commanding than all! His great character and his He always called him “Copley.' And pinting out predominating voice, with his high social and in an exquisite gold cup in the centre of the table, he tellectual qualities, conspire to give him such an in- | said, “Copley, see what you would have had if you fluence as to destroy the equilibrium, so to speak, had supported the Reform Bill.' It was a cup given of the table. He is often an usurper, and we are to Lord Brougham by a penny subscription of the all resolved into listeners instead of partakers in the people of England." conversational banquet; and I think all are ill at Sumner thus describes Brougham in a debate in ease.” He "abused Miss Martineau most heartily,” the Lords: and said she was “a great ass” on questions of
“In the evening's debate Brougham was wonderpolicy and government. He recommended Sumner ful. Lord Holland had placed me on the steps of to write a book to avenge his country of Basil Hall. the throne, so that I saw and heard with every adHe was horribly profane. He told Sumner that
vantage. Brougham spoke for an hour and a half O'Connell was "a damned thief.” When Sumner
or two hours. Ilis topics were various, his spirits
high, his mastery of every note in the wide music of took leave of him, he exclaimed, “Oh, God! must
the human voice complete, and his command of you go ?” The late Duke of Gloucester, he said, words the greatest I have ever known. Add then, was “a damned bore and fool.” On one occasion
the brimful house interrupting him with vociferous
applause, and old Wellington nodding his head and Sumner found him in his study with a printers
adding his cheer. You will read his speech, but the devil on one side and his private secretary on the report is utterly inadequate. I have heard many other, and “mirabile dictu ! he did not use an oath.” say that they thought it the best speech in point of Sumner adds: “ Truly, his Lordship is a most
eloquence and effect that they ever heard. The
thunders he hurled at O'Connell seemed blasting, wonderful man; and I am disposed to think the
and the Tory benches, which were crowded to exmost eloquent one in English history." Rogers told
cess, almost rent the walls with their cheers. Then Sumner that Sir Robert Peel told him he never knew followed the funeral oration on Lord Norbury, and what eloquence was until he heard Brougham's
He changed his hand and checked his pride; speech on the abolition of slavery in the West his voice fell from its high in vective to a funeral Indies. “Do not listen to the articles and the re note, and we almost saw the lengthened train that ports that Lord B. is no speaker," says Sumner,
followed the murdered nobleman to the tomb, pass“he is most eloquent, and his voice, as I heard it in
ing through the House." the Lords, six months ago, still rings in my ear.” The next morning Sumner was in Brougham's
Sumner's account of his visit at Brougham Hall study, and “ Brougham told me that I should have is very entertaining. At dinner, among other guests, heard a good debate if Lansdowne had not spoken was an old clergyman, who brought as a present to | so damned stupidly'; for, if he had said any thing the host a bottle of rum fifty years old. Lord worth replying to, Copely would have spoken.” Brougham took very little wine — “less than I have Then they fell on the subject of Greek epigrams, and seen any gentleman take at the head of his table in Brougham repeated to Sumner, Williams' lines on England”- but he did not scruple to swear like a the Apollo, and took up his pen and wrote them trooper. “I do not remember to have met a person down for Sumner in Greek, “as fast as I write who swore half so much," says Sumner. His English.” This autograph is among those bequeathed manner was rapid, hurried, and his voice very loud. | by Sumner to the library of Harvard University. He seemed uneasy and restless." "He passed from “ I wish I could believe in Brougham," adds Sumner; topic to topic, expressing himself always with force, "all who best know him distrust his word. (That correctness and facility unrivaled; but, I must say, was probably because he had changed his politics.) with a manner not only far from refined but even | Sumner's account of Brougham on the bench is vulgar. He had no gentleness or suavity, neither extremely interesting:
"I have heard Lord Brougham despatch several not speak so much for truth's sake, as to promote cases in the Privy Council; and one or two were his own fame and power, or perhaps to gratify a matters with which I was entirely familiar. I think personal pique. Certainly, in the society in which I understand the secret of his power and weakness I have moved I have heard but one opinion exas a judge; and nothing that I have seen or heard pressed with regard to the dishonesty and malevotends to alter the opinion I had formed. As a judge, lence which have characterized his late conduct; he is electric in the rapidity of his movements ; he and his spite toward Lord Durham is represented as looks into the very middle of the case when counsel diabolical. In illustration of this, I have heard anare just commencing, and at once says: “There is ecdotes which I have neither time nor space to such a difficulty (mentioning it to which you inust relate. One of these is striking. Last winter it was address yourself, and if you can't get over that I am supposed for a while that an invention had been against you.' In this way he saves time and grati found out which would supersede the use of coal, fies his impatient spirit; but he offends counsel. upon which Lord Durham's immense income deHere is the secret. I have heard no other judge pends. Brougham is said to have gone about, telling (except old Allan Park) interrupt counsel in the of it, and rubbing his hands, saying: 'Old Durham least. In the meantime, Brougham is restless at is a beggar! Old Durham is a beggarl? Perhaps table, writes letters; and, as Baron Parke assured all these idiosyncrasies may be better understood me (Parke sits in the Privy Council), wrote his and more charitably viewed, when it is known, as great article in the Edinburgh Reviern for April last, it is not generally in England, that Brougham's at the table of the Privy Council. I once saw the father died insane, and that he has a sister who is usher bring to him a parcel of letters, probably from so still. I am disposed to believe that there is in the mail, -I should think there must have been him a nervousness and an immense activity which twenty-five,--and he opened and read them, and is near akin to insanity, and which at present jangles strewed the floor about him with envelopes; and the otherwise even measures of his character." still the argument went on. And very soon Brough
This judgment shows the native intolerance of am pronounced the judgment in rapid, energetic, and perspicuous language,-better than I have heard the writer of twenty-seven years. Perhaps in his from any other judge on the bench. I have already later years, when himself the object of social osquoted the opinion of Denman. Barristers with
| tracism for his opinions' sake, and of intense politwhom I have spoken have not conccded to him the position accorded by the Lord Chief Justice, but
ical hatred, which cost him his health and finally still have placed him high. Mylne, the reporter, | his life, Sumner may have felt more charitably an able fellow, says that he is infinitely superior to toward Brougham, and possibly would have modiLyndhurst, and also to Lord Eldon in his latter
fied bis harsh judgment. His citation of the story days."
about Lord Durham exposes the utter lack of the sense Sumner thus sums up on Brougham:
of the humorous, with which he was always charged. " The result of my intercourse with him thus far The idea of Lord Durham's being in danger of begis that I like the man less, though I admire his pow
gary is one that any person, not blinded by hatred ers as ever before. I could not fail to perceive, in the rapidity of his thought, the readiness of his
of Brougham or very obtuse, would have recognized language, and the variety of his topics, no slight
as an extravagant jest. As to the theory of confirmation of the received opinion with regard to | Brougham's insanity, did it occur to Sumner that his versatility and universal attainments. The gen | possibly bis lordship might have been a victim to tleman, who is now staying here, assured me that he had often received long letters from his lordship,
horse-radish in his steaks, for fear of which he written, currente calamo, in correct Latin; and a watched his cook, and which he said was enough friend told me that he once stood behind him, when to make a man go mad? Sumner should have rea barrister on the Northern Circuit, and saw him
| membered Dryden's couplet: scrawl a Greek ode on his desk in court. You may
“Great wits are sure to madness near allied, say credat Judæus. I have been told that the sketches of character, which form such a remarkable orna
And thin partitions do their bounds divide." ment of the new publications of his speeches, (do He himself became almost a monomaniac on the read these,) were written in his carriage while post
subject of peace and slavery, and may, finally, have ing to the south of France; and I happen to know from another source that he was paying his postil
appreciated the intensity of Brougham's convictions ions double, and I doubt not swearing at the same and hatreds. time, to make them go faster! Iam almost sorry that Mr. Pierce, in a note to the passage above quoted, I have seen Lord B., for I can no longer paint him
refers the reader for “the unlovely side of Lord to my mind's eye as the pure and enlightened orator of christianity, civilization, and humanity. I see
Brougham's character," to Macaulay's Life by him now, as before, with powers such as belong to Trevelyan. Macaulay was pestered by the idea that angels: why could I not have found him with an Brougham was jealous of him. This at a time when angel's purity, gentleness and simplicity? I must
he himself, says Brougham, was the most popular always admire his productions as models of art; but I fear that I shall distrust bis sincerity and the
subject in England. It looks to us, from Macaulay's purity of his motives. I think that he is about own account, as if the jealousy was on the other throwing himself again among the people, and side. But the men evidently did not like each accepting their leadership. Two letters that I have
other, and we should hesitate to accept either's received from Lord B. have been signed ‘H. Brougham,' and I have heard of his signing so frequently.
opinion of the other. A perusal of their biograHe spoke to me in the most disparaging terms of phies, however, will hardly show that Macaulay's the aristocracy; but I shall be afraid that he will character was more “lovely” than Brougham's.
Sumner writes: “Lord Brougham has given me | never come to disern the spots of this changeable moon. his full-bottom Lord-Chancellor's wig, in which he Sometime to gratifie a powerful party, Justice is mado
blind through Corruption, as well as out of impartiality. made his great speech on the Reform Bill. Such a
That indeed, by reason of the non-integrity of men, To wig costs twelve guineas; and then, the associa
go to Law, is for two to contrive the kindling of a fire to tions of it. In America it will be like Rabelais'
their own cost, to warm others, and sindge themselves gown.” Sumner gave it to the Harvard Law to Cynders. Because they cannot agree to what is School, where we hope it is still sacredly preserved. Truth and Equity, they will both agree to plume themIt is doubtful whether it could ever have covered a
selves, that others may be stuck with their Feathers.
"The Apostle throws the band of Simple among skull more full of genius and humanity than that of
them that would by striving this way consume both its donor, or could have found a more worthy suc
their Peace, their Treasure and their time, as if it were cessor than the recipient.
of the Fool to expose a Game to the packing and the
shulling of others, when we might soberly cut and WISE WORDS FROM AN OLD BOOK. deal the cards ourselves. Is there none wise enough to MANLIUS, December 10, 1877.
compound Businesses without calling in the Crafty and
the Cunning? Or is there none so wise as to moderate To the Editor of the Albany Law Journal:
a little, that he may save a great deal more? SIR- Upon reading, in a late number of your Jour
“ Laws is like a Building, we cast up the charge in nal, a description of "the manners of the bar three
gross and undervalue it: but being in, we are train'd hundred years ago," as illustrated by the conduct of
along through several Items, till we can neither bear Lord Coke upon the trial of Sir Walter Raleigh, I was
the account, nor give off, though we have a mind to't. reminded of a remarkable essay, upon the subject
The troubles, the attendance, the hazard, the cheques, of the law and lawyers, published in an ancient
the vexatious delays, the surreptitious advantages volume of great interest in my possession. The title
against us, the defeats of hope, the falseness of pretendof this work is, “Resolves: Divine, Moral, Political.
ing friends, the interest of parties, the negligence of By Owen Feltham, Esq." It bears the imprint of
Agents, and the designs of Ruine upon us, do put us London, 1670; and purports to be the “Ninth Impres
upon a ('ombat against all that can plague poor man: sion” [edition).
or else we must lie down, be trodden on, be kickt The republication of the whole of this excellent
and dye. And is it not much better to part with a essay would occupy too large a space in your Journal,
little at first, and lose a lock of hair, or a superfluous and I therefore send you only a few extracts from it,
nail; than to be leakt out till the Cistern be quite dry, copied, word for word, exactly as spelled, punctuated
or like flesh upou a spit bave all our fat drop't from and italicised, and with the numerous capital letters
us, by being turn'd with - before a consuming fire ? as in the original. In some of these strictures of the
Doubtless, the advice of our Saviour was not only century next succeeding that in which Coke so shame
Religious but Political and Prudential too; If any man fully abused Raleigh, are found the severest condem
sue thee at Law, and will take away thy Coat, let him nation of such unprofessional conduct. H. C. V. S.
have thy Cloak also. A small loss is rather to be "OF LAW."
chosen, than by Contention greater inconvenience. “It is the bridle of the Humane Beast, whereby he is “If men could cooley have dispatch, and Business held from starting and from stumbling in the way. It be rightly judg'd; no doubt in things of weight, the is the Hedge on either side the Road, which hinders Decision would be profitable - And this does somefrom breaking into other men's propriety. A man has times happen. For questionless, there are of this as good live in Ægypt among all the ten Plagues, as in profession that are the light and wonder of the age. the world among the wicked without Law to defend They have knowledge and integrity; and being vers'd him. 'Tis every man's Civil Armour, that guards
in Books and Men, in the Noble arts of Justice, and of him from the gripes of Rapine. And indeed, 'tis for Prudence, they are fitter for judgment and the Regithis chiefly, that Laws are of use among men: For the ment of the World, than any men else that live – And wise and good do not need them as a guide but as a their llonesty truly weigh'd is the gallantest engine shield ; They can live civily and orderly, though there that they can use and thrive withal. A faithful advocate were no Law in the world. And though wise and good can never sit without Clients. Nor do I believe, That men invented Laws; yet they were fools and wicked man could lose by 't in the close, that would not unthat put them upon the study. * * * * * dertake a cause he knew not honest. A Gold smith
“In the beginnings of thriving States, when they are may gain an Estate as well as he that trades in every more Industrious and innocent, they have then the coorse metal. An Advocate is a limb of friendship; fewest Laws. Rome itself had at first but 12 Tables. and further than the Altur, he is not bound to go. But after, how infinitely did their number of Laws in And 'tis observed, of as famous a Lawyer as I think crease ? Old States like old Bodies will be sure to con was then in the World, the Roman Cicero; that he tract diseases. Aud where the Lau-makers are many, was slain by one he had defended when accus'd for the the Laws will never be few. That Nation is in best murther of his Father. Certainly he that defends an estate, that hath the fewest Laws, and those good. injury, is next to him that commits it. And this is reVariety does but multiply snares. If every Bush be corded, not only as an example of ingratitude, but as a limed, there is no Bird can escape with all his feathers punishment, for patronising an ill cause. In all pleadfree. And many times when the Law did not intend ings, Foul language, Mallice, Impertinence and Reit, men are made guilty by the pleaders Oratory; criminations, are ever to be avoided. The cause, either to express his eloquence, to advance his practice, more than the man, is to be convinc'd. Overpowering or out of maistery to carry his Cause: like a garment Oratory is not ever to be practis'd; Torrents of Words pounc'd with dust, the business is so smear'd and do often bear down even Trophies of Truth, which tangled that without a Galilæus his glass, you can I does so fret and anger the party over-born that the