Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Lawyers and judges are certainly held in higher esteem to-day than they
were in the past. Gulliver describing the contemporary lawyers to his
friend and master, the Houyhnhnm says: "there was a society of men among
us, bred up from their youth in the act of proving, by words multiplied
for the purpose, that white is black, and black is white, according as
they are paid. To this society all the rest of the people are slaves. For
example, if my neighbour has a mind to my cow, he has a lawyer to prove
that he ought to have my cow from me. I must then hire another to defend
my right, it being against all rules of law that any man should be allowed
to speak for himself." In another passage he inveighs against judges in a
strain of even coarser invective. "Now your honour is to know," he says,
"that these judges are persons appointed to decide all controversies of
property, as well as for the trials of criminals, and picked out from the
most dexterous lawyers, who have grown old or lazy; and having been
biassed all their lives against truth and equity, lie under such a fatal
necessity of favouring fraud, perjury, and oppression, that I have known
some of them refuse a large bribe from the side where justice lay, rather
than injure the faculty, by doing anything unbecoming their nature or
their office."
Even in 1727 the extravagance and exaggerations of these passages must
have diminished the force of the satire, but one must remember that under
the old forms of procedure and law of evidence all sorts and conditions of
chicanery were possible, and the search after truth was clogged and
hampered by technicalities that made for injustice.
Crabbe, in "The Borough," draws a picture of Swallow, the lawyer, "a hard,
bad man who preyed upon the weak," but he had sufficient insight into the
reality of things to see that:
Law was design'd to keep a state of peace;
To punish robbery, that wrong might cease;
To be impregnable; a constant fort,
To which the weak and injured might resort.
And the main reason that the law in old days failed in a great measure to
carry out its mission to protect the poor was the extraordinary mystery
and obscurity of it. Where law is a jargon of technicalities foreign to
the business ideas of the people an immoral man who is a lawyer has an
easy task before him to defraud the weak. In our own time the worst frauds
committed by lawyers have been mortgage frauds where the deeds were
deposited with solicitors who converted them to their own use. Our land
transfer system is a relic of the past; it is a mystery that no plain
citizen can comprehend. It is necessary for him to employ a lawyer to
carry out the smallest transfer of land and it is necessary for him to
rely on the statement that the land has been conveyed to him and that the
title deeds are in order. The technical obscurity of the transaction opens
the door to frauds that would be impossible with a modern, businesslike,
public land transfer department.
Public-domain text, read in full here on John Shaqi.
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