Blackwood's Edinburgh Magazine, Volume 63, No. 391, May, 1848Various
General
Blackwood's Edinburgh Magazine, Volume 63, No. 391, May, 1848
Various
England -- Periodicals; Scotland -- Periodicals
But the cup of the iniquities of his oppressors was now full, and
their hour of retribution was at hand. The blow dealt against them was
not so severe as injured justice might have required, but it was dealt
with an ignominious scorn that made compensation for its want of
severity. There were at that time many men of high spirit and great
attainments in the Scottish bar. They knew that the age they belonged
to was one, in which the safety of the public liberties was intimately
allied with the independence of the bar. It was not an uncommon
practice for a few of the ablest and most popular advocates to unite
together in vindication of the victim of some formidable system of
oppression; and, fortunately for Williamson, his case attracted their
generous interest. Andrew Crosbie, the prototype of Scott's Pleydell,
threw his whole energies, and they were not small, into this cause.
The pleadings at our bar at that time were full of philosophy, general
declamation, and poetry; and we have before us some papers from
Crosbie's pen which are brilliant and pleasing specimens of this class
of forensic rhetoric. At the present day the rhetoric of the law
appeals only to the jury, and in the shape of vocal oratory. In the
days of our grandfathers it was addressed to the learned bench, and
was embodied in carefully prepared written pleadings. The intellectual
rank of the audience to be influenced, and the medium of
communication, would thus naturally invest the pleadings of these old
lawyers with a literary turn, not equalled in the corresponding
productions of this age. So we find that Crosbie bursts open the case
with these well-turned periods:--
"That liberty which the constitution of this country considers as its
favourite object, is the result of the due equipoise which our law has
established between the authority of magistrates and the rights of the
people. As the relative duties of society must be enforced by the
magistrate, and compliance with the laws exacted from the citizens by
means of his authority, all the power that is necessary for these
salutary purposes is bestowed upon him; and, in the due execution of
it, he is not only entitled to the protection of the law, but is an
object of its veneration. Yet the same principles that have thus armed
him with authority, for the benefit of society, have wisely imposed on
him a restraint from abusing it."
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