PAGE

Dreadful Scene on the Scaffold.-Eloquent Speech of Févret.—
Julien Peleus and the Haunted House.-An English Case of
Nocturnal Dæmons.-Ingenious Argument of Peleus against
Ghosts.--New Trial granted to discuss Questions of Apparitions
-Pasquier. His famous Speech for the University of Paris
against the Jesuits.-Story of Pasquier's Flea.-Contention mig-
narde between him and Mille. Catherine des Roches.-Epigrams
on the Subject.-Portrait of an Advocate of the olden Time.—
Age of Louis Quatorze a brilliant Period for the French Bar.-
Brinvilliers, the Great Poisoner.—Discovery of the Murders.—She
escapes from France, but is arrested at Liege.-Her Trial and De-
fense by Nivelle.-May the Secrets of the Confessional be divulged
in a Court of Law ?—Masterly argument of Nivelle.-Conviction
of the Prisoner, and her Sentence.--D'Aguesseau.--Mysterious
case of De la Pivardière, in which he was engaged as counsel.—
The Dead alive again.-Disputed Question of Identity.-Aboli-
tion of the ORDER of Advocates at the Revolution.-The Revolu-
tionary Tribunal.-Louis XVI. before the Convention.-Brave
conduct of Malesherbes.-His Epitaph. -The Girondists.-Elo-
quent Speech of Desèze.-Trial of Marie Antoinette.-Her Sub-
lime Appeal to the Mothers of France.-Napoleon's dislike of the
Bar. He decrees the Re-establisnment of the Order of Advocates.
-Procedure in French Criminal Trials.-Story of Madame La-
farge. The affair of the Diamonds.-She is tried for the Murder
of her Husband.-Cross-examination of Madame Lafarge by the
Attorney-General.-The Chemists report the Absence of Arsenic.
-The Corpse of Lafarge ordered to be exhumed.-Unfair Exam-
ination of the Prisoner.-MM. Orfila, Bussi, and Ollivier (d'Angers)
summoned from Paris.-The Diamonds again! —Conviction of the
Prisoner.-Guilty or not Guilty ?-Comments on the Trial

CHAPTER VIII.

200

ADVOCACY IN ENGLAND.

Great State of the Sergeants in the olden Time.-Early Advocates of
England.-Wager of Battel in the Reign of Elizabeth.-Appeal
of Treason in the Court of Chivalry between Donald Lord Rea

and David Ramsey.-Trial by Battel abolished.-Statute of Ed-

ward I. against Deceit on the part of Sergeants or Countors.-The

Mirroir des Justices.-Rarity of forensic Eloquence in England.-

Confession of Thomas Woodstock, Duke of Gloucester.-The

piebald Language of the Law formerly.-Noble Address of Chief

Justice Crewe.-Contrast of lay Speeches with Discourses of

Divines.-Bishop Burnet and his Hour-glass.-Denial of Counsel

to Prisoners on Questions of Fact in Cases of Treason or Felony.

-Iniquity of this Rule illustrated in the Trials of the Duke of

Norfolk, Colonel Lilburne, Sir Henry Vane, Algernon Sidney,

and Colledge "the Prostestant Joiner."-Conduct of Jeffreys on

the Trial of Mrs. Lisle. Her affecting Speech on the Scaffold.-

Hard Case of Rajah Nundocomar at Calcutta.--Cruelty of com-

pelling a Prisoner to advocate his own Case.—Passing of Statute

7 Will. III. c. 3.-Presence of Mind shown by Lord Ashley at the

time.--Rigorous Enforcement of the Law in the Case of Sir William

Parkyn. A cold Exordium by Sir Bartholomew Shower.-Prison-

er's Counsel Act, 6 and 7 Will. IV. c. 114.-Criminal Trials form-

erly judicial Murders.-Arraignment of the Duke of Norfolk.-

Trials in England for Witchcraft.-The Essex Witches.-Sir

Matthew Hale declares his Belief in the Existence of Witches.-

The "Wisdom of our Ancestors not without Alloy.--Opposition

made to Bill for abolishing Law Latin.-Retort on Lord Raymond,

C. J., by the Duke of Argyle.-Trial of the Seven Bishops.-

August Spectacle in Westminster Hall.--Speech of Somers.-

Technicality of English Law one Cause of Absence of Eloquence.

-Excessive Refinement of Special Pleading.-A "Negative Preg-

nant."-Necessity of a Knowledge of Pleading. The immense

Extent of the Law another Cause.-Fecundity of Reports.—The

Neglect to cultivate Eloquence as an Art.-Different Theory and

Practice of the Ancients.—D'Aguesseau on the Causes of the De-

cline of Eloquence.-Great Privilege of Speech accorded to Advo-

cates.-Extent and Limits of their Privilege.-Curious Instance of

professional immunity claimed by Cook the Regicide.--Distinc-

tion between the Office of Advocate and of Attorney.-Instances

of legal Strategy at Nisi Prius.-Dexterity in Court only to be

learnt by Practice.-Are our Rules of Evidence too strict ?-Reason

for keeping separate the Functions-of Advocate and of Attorney 304

CHAPTER IX.

THE HONORARIUM.

PAGI

Origin of the Theory of gratuitous Service by an Advocate.-The

Cincian Law.-Reasons against a pecuniary Honorarium at

Rome.-Payment of Members of the House of Commons in former

Times.-Writ de Expensis Burgensium levaudis.-Change at the

Downfall of the Roman Republic.-Suilius the informer.-Debate

in the Roman Senate.-Decree of the Senate in the Reign cf Nero.

-Samius, betrayed by his Counsel, stabs himself.-Dishonorable

conduct of Nominatus.-Law of Trajan on the Subject.--Edict of

the Emperor Severus.-Argument of Quintilian.-The Case stated

by Sir John Davys.-Rule at the English Bar.-African Barristers

on Circuit.-Capitularies of Charlemagne.-Ordinance of Philip

the Bold.-Witty Epigram by Pasquier.-Ordonnance de Blois.

-Emeute of the Parisian Advocates

361

CHAPTER X.

FORENSIC CASUISTRY.

The Ethics of the Question stated.—Sarcasms of Writers.—Ben Jon-
son.-Bishop Hall.-Swift.-M. Cormenin or "Timon."-Mis-
chievous Sophisms exposed.-An Advocate is not bound to under-
take every Cause offered to him.-This proved by the authority of
Cicero, Quintilian, and others.—Opinions of Sir Edward Coke,
Sir John Davys, Cook, Sir Matthew Hale, and Lord Langdale.—
Assize Sermon of Bishop Sanderson.-Contrary Theory maintained
by Lord Erskine.-Gerald's Trial, and Henry Erskine.-Lord
Brougham on the Duty of an Advocate.-His Theory considered.
-Casuists perplexed by Question whether Falsehood is in all
cases sinful.-Do Advocates violate a moral Duty by being ready
to espouse either Side of a Question ?—The Peculiarity of their
Position considered.-Fallacious Argument of Puffendorf.—
Origin and Necessity of the Class of Lawyers.-Consequences
of Counsel refusing to undertake a Cause.-The Duty of an AQ-

vocate in respect of fraudulent Claims.-Reasons why Advocates

may in general act for either of two Parties in a Cause.-Dis-

tinction between his Duty and that of the Judge.--Objection, that

of two Sides of an Argument, one only is right, considered.—

Argument of Sir John Davys.—Sophistry of Paley.—Where Ad-

vocate knows his Client to be Guilty.-Mode of Defense in such

Cases. Necessity of Circumspection.-True Uses of Eloquence.—

The Profession should be above Suspicion or Reproach.--Conclu-

sion