Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.Swazey, John B.
Philosophy
Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.
Swazey, John B.
England -- Social life and customs
Thus the Court of Equity, with a mocking irony, becomes a Court of
Iniquity! and the very tribunal designed to do more perfect Justice
is perverted to the most scandalous use--made an engine the most
oppressive and destructive ever contrived for the misery of Society,
short of one invented to destroy it wholly!
The Court was originally organised by Priests who had acquired the
Roman learning, or some tincture of it, and endeavoured to strengthen
their own Class, and to soften the barbarous harshness of the common
Law, by erecting this Court. The laws of the Barbarians were savage,
in civil as well as in criminal things; and the Priests, more cultured,
endeavoured to soften and temper this harshness, or, at any rate, to
get more complete control by it. They formed it, and administered
it at first, and for a long time. But the Lawyer-Caste have now its
administration, and they have not so much respect for the opinions
of the general public as had the Priests, and have made the Court a
_bye-word and a shame_ [Kri-mi]!
The expenses and fees are beyond belief. A Lawyer who gets one good
Chancery Case into his hands, lives upon it luxuriously. I was once
shown a _Bill of Costs_, as these items of fees are styled.
I observed that one would be charged for a thing done and for the same
thing not done--in other words, for the doing and for the not-doing.
Thus, if one requests a thing be done, the Lawyer will charge for
"receiving instructions," "for reducing the same to writing," "for
instructing a clerk," and the like--then, having sent away the clerk on
_another_ matter, he will charge for taking new instructions and going
over the same ground again. Thus, actually charging for the delay and
obstruction caused in the affair.
Again, if you ask a Lawyer something, he will presently say, "I must
take counsel," meaning he wishes to ask another Lawyer. When the _Bill_
is examined you will find, say, "for being asked and not knowing, 6s.
8d.; for taking your instructions to counsel, 6s. 8d.; for attending
upon counsel, £1 1s.; for fair copy made for him, £2 2s.;" and so
on. Your simply unanswered _question_ has thus served the following
purposes:--If it had been answered at once the fee would have been,
say, 6s. 8d.; but as it was not, but carried elsewhere, it has given
the first Lawyer five times more of fees, and his _brother_ in the
Caste also a handsome sum! One may judge how ignorant the first Lawyer
will be likely to be, and how often he finds it convenient to help his
higher Caste brother, especially when in helping him he so greatly
helps himself! We have some cunning rogues in our Central Kingdom, but
such astuteness as this is beyond them!
Public-domain text, read in full here on John Shaqi.
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