But, though lawyers were paid thus moderately in the seventeenth
century, the complaints concerning their avarice and extortions were
loud and universal. This public discontent was due to the inordinate
exactions of judges and place-holders rather than to the conduct of
barristers and attorneys; but popular displeasure seldom cares to
discriminate between the blameless and the culpable members of an
obnoxious system, or to distinguish between the errors of ancient custom
and the qualities of those persons who are required to carry out old
rules. Hence the really honest and useful practitioners of the law
endured a full share of the obloquy caused by the misconduct of venal
justices and corrupt officials. Counsel, attorneys, and even scriveners
came in for abuse. It was averred that they conspired to pick the public
pocket; that eminent conveyancers not less than copying clerks, swelled
their emoluments by knavish tricks. They would talk for the mere purpose
of protracting litigation, injure their clients by vexations and
bootless delays, and do their work so that they might be fed for doing
it again. Draughtsmen find their clerks wrote loosely and wordily,
because they were paid by the folio. "A term," writes the quaint author
of 'Saint Hillaries Teares,' in 1642, "so like a vacation; the prime
court, the Chancery (wherein the clerks had wont to dash their clients
out of countenance with long dashes); the examiners to take the
depositions in hyperboles, and roundabout _Robinhood_ circumstances with
_saids_ and _aforesaids_, to enlarge the number of sheets." 'Hudibras'
contains, amongst other pungent satires against the usages of lawyers,
an allusion to this characteristic custom of legal draughtsmen, who
being paid by the sheet, were wont
"To make 'twixt words and lines large gaps,
Wide as meridians in maps;
To squander paper and spare ink,
Or cheat men of their words some think."
In the following century the abuses consequent on the objectionable
system of folio-payment were noticed in a parliamentary report (bearing
date November 8, 1740), which was the most important result of an
ineffectual attempt to reform the superior courts of law and to lessen
the expenses of litigation.
Public-domain text, read in full here on John Shaqi.
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