The works of the Rev. John Wesley, Vol. 15 (of 32)Wesley, John
History
The works of the Rev. John Wesley, Vol. 15 (of 32)
Wesley, John
Methodist Church; Theology -- Early works to 1800; Theology -- History -- 18th century
For example. Suppose a great man, with or without form of law, does
wrong to his poor neighbour. What will he do? Sue his lordship at
common law? Have the cause tried at the next sessions or assizes?
Alas! Your own neighbours, those who know the whole case, will tell
you, “You are out of your senses.” “But twelve good men and true will
do me justice.” Very well: but where will you find them: men unbiassed,
incapable of corruption, superior both to fear and favour, to every
view whether of gain or loss? But this is not all; they must not only
be good and true, but wise and understanding men. Else how easy is it
for a skilful pleader to throw a mist before their eyes? Even supposing
too the judge to be quite impartial, and proof against all corruption.
And should all these circumstances concur, (of which I fear there
are not many precedents) supposing a verdict is given in your favour,
still you have gained nothing. The suit is removed into a higher court,
and you have all your work to begin again. Here you have to struggle
with all the same difficulties as before, and perhaps, many new ones
too. However, if you have money enough, you may succeed: but if that
fails, your cause is gone. Without money, you can have no more _law_;
_poverty_ alone utterly shuts out _justice_.
But, “cannot an honest _attorney_ procure me justice?” An _honest_
attorney! Where will you find one? Of those who are called _exceeding
honest_ attornies, who is there that makes any scruple.
1. To promote and encourage _needless_ suits, if not _unjust_ ones too?
2. To _defend a bad cause_, knowing it so to be:
By making a _demur_, and then withdrawing it:
By pleading some _false plea_, to the plaintiff’s declaration:
By putting in an _evasive answer_ to his bill:
By _protracting_ the suit, if possible, till the plaintiff is ruined:
3. To _carry a cause_ not amounting to ten shillings into
_Westminster-hall_, by laying it in his declaration as above forty:
4. To _delay_ his own client’s suit knowingly and wilfully, in order to
gain more thereby:
5. To _draw himself_ the pleadings or conveyances of his client,
instead of giving them to be drawn by able council:
6. To _charge_ his client with the fees which should have been given to
such council, although they were not given:
7. To _charge_ for drawing fair copies, where none were drawn:
8. To charge _fees for expedition_ given to clerks, when not one
farthing has been given them;
9. To send his clerk a journey (longer or shorter) to do business with
or for different persons; and to charge the horse-hire and expence of
that journey to every person severally:
10. To send his clerk to _Westminster_, on the business of ten (it
may be) or twenty persons, and to charge each of these twenty for his
attendance, as if he had been sent on account of _one_ only:
11. To charge _his own attendance_ in like manner: and
Public-domain text, read in full here on John Shaqi.
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