CHAPTER VI.

LAW OF THE ATHENS.

----“Lawyers have more sober sense

Than t’ argue at their own expense,

But make their best advantages

Of others’ quarrels, like the Swiss;

And out of foreign controversies,

By aiding both sides, fill their purses.”--BUTLER.

WHATEVER airs the Athens may give herself in other matters, however she

may boast of her taste and her elegance, talk of her science and her

literature, or cherish the mouldering skeleton of her medical school,

no one can be a day within her precincts without discovering that the

law is her Alpha and her Omega,--the food which she eats, the raiment

she puts on, the dwelling-house which she inhabits, the conversation in

which she engages, the soul which animates her whole frame, the mind

which is discovered in every feature of her countenance, and every

attitude of her body. Once destroy that, or remove it to another place,

and the pride of the Athens would be at an end: you might lodge owls

in all her palaces, and graze cattle in all her streets.

From the way in which the Scottish courts of law are regulated,

there is hardly a suit from the Solway Firth to the Pentland, or

from Peterhead to the remotest of the Hebudæ, which does not look

toward the Athens, the moment that the litigiousness of a client, or

the machinations of an attorney, call it into existence. I hinted

already, that there is no one thing in which the Athens can now retain

a superiority except the practice of Scotch law; and, as Scotland

increases in wealth, that law is so constructed, that the portion which

the scribes and spouters of the Athens shall be enabled to levy upon

their countrymen must always increase in a greater ratio. Scotchmen are

apt to be proud of the Athens,--to regard her with a portion at least

of that admiration which subjects pay to the pomp of their kings. There

is propriety in this; for there is scarcely a stone in the walls of the

Athenian palaces, or a decent coat in her streets, which has not been

squeezed out of some litigious or unfortunate man of the provinces,

in the shape of a lawyer’s fee. I noticed the power which the crown

lawyers of Scotland have over the liberties and lives of the people;

and the power which lawyers of another class have over the fortunes of

the Scotch lairds, is every jot as ruinous and humiliating. There are

complaints in England, that when once property gets into chancery, the

“infant” becomes grey before he can enjoy it; but the Scottish chancery

is incalculably worse; for the moment that a Scotch proprietor allows

his lands to pass into the keeping of an Edinburgh agent, from that

moment he must lay his account either with losing them altogether, or

purchasing them anew; and to enumerate the heirs of Scottish families,

who are at any time pining away in heart-broken obscurity, or toiling

under the burning suns of the East or the West, in the hope of winning

back a poor fragment of the ample heritage to which they were born,

would require no trifling succession of pages.

It cannot indeed be otherwise. According to the definition of the

political economists, law is not only unproductive labour in itself,

but wherever it clutches its talons, it tears away the funds by which

more valuable labour should be supported, and distracts and lacerates

the spirit by which those funds should be applied. When a Scotchman

from the country visits the Athens, and sees a long line of costly

buildings mounting up in the air, he may rest assured, that for

every shilling that those buildings cost, and every shilling that

shall be spent in them, he and his compatriots must pay. The Athens

herself,--the overtopping and overwhelming part of the Athens,--that

part which rises by the power, and extends itself by the weight, of the

law, produces nothing whatever. It is as sterile as the Castle rock;

and, were it not for the folly of other people, its ascendency would

not be so great as it makes the Athens feel. This, however, is a matter

for the Scotch themselves; and it sometimes happens, with nations as

well as with individuals, that a deformity or a vice is praised and

cherished, while beauties and virtues are treated with neglect.

It is matter of trite remark, that very few of the seed of Jacob have

ever taken up their abode in the Athens, and that the few who have

done so, have in a short time been starved to death or to removal;

and it has sometimes been wondered why a people, who have been so

successful in pillaging the other nations of Europe, should have failed

so completely in this instance. A very slight acquaintance with the

Athenian “men of business,” as they are called, will explain the fact,

and resolve the difficulty. The man of business has all the natural

rapacity and cunning of the Jew, and he is at the same time so well

conversant with every quirk and turn of the law, that there is no

possibility of calling him to account for his depredations.

Those hounds usually pursue their game in couples. There is one who

is called “the dining partner,” whose business it is to watch for

every inexperienced or expensive man of property, who happens to be

spending a few days in the Athens, get invited to the same party with

him, ply him with flattery, and when his weak side is once discovered,

inflame his vanity upon that. Toward the close of the party, when the

wine has circulated with that abundance and rapidity which are common

in such cases, the dining partner becomes large in his professions of

friendship. The victim swallows the bait with avidity; a meeting takes

place in the kennel of the hounds next morning; and a loan of a few

thousand pounds, being upon a first security, is negotiated in a manner

which is quite fair and equitable; but the men of the law, when they go

down to “take their infeftment” over the lands, contrive to suggest so

many improvements that the supply is speedily exhausted; and, as it has

created much more appetite than it has satisfied, another and a larger

supply becomes necessary. The terms of this are a little different:

money, which was in profusion upon the first occasion, is now difficult

to be had. More than the legal interest would invalidate the security;

but matters may be so managed, as to give a bond for payment of the

interest, and repayment of the principal of fifteen thousand pounds,

while ten thousand only is advanced. The gates of ruin are now fairly

opened; loan follows after loan, till the whole value of the lands be

mortgaged, and the whole rents consumed in interest; and when matters

have come to this situation, the men of business press a sale at a time

which they know to be disadvantageous, and thus get into their own

possession property, upon the improvement of which almost the whole

of the sums advanced by them have been expended,--are, in short, much

in the same situation as if they had got a present of the lands, and

only laid out a few thousand pounds for their improvement. It is not

the object of the men of business to retain a great deal of property

in land; so they divide the lands into lots, sell them at a handsome

profit, and retain the freehold qualifications, either to promote their

own political interest, or to part with them for large sums in the

event of a disputed election,--a matter which they are often known to

bring about for this very purpose. Such are some of the blessings which

the legal men of the Athens bestow upon their country, in return for

the fees with which it has previously fattened them.

But, notwithstanding many examples of this kind, there remains among

that part of the Athenian lawyers, who go by the name of “men of

business,” no small degree, both of talent and of integrity, while,

among the “men of profession,”--the advocates, or members of the Scotch

bar, there are a few, for the reasons that were formerly stated, the

very choicest spirits, not of the Athens merely, but of all Scotland.

Though the occasions upon which these persons display their eloquence

be merely of a private nature,--though a very large proportion of them

have no eloquence to display, or no opportunity for displaying it; yet

the profession of advocate is the only one in Scotland which makes

the professor of it a gentleman; and among the people of the Athens,

of all classes, the special pleaders before the Courts of Session and

Justiciary,--the supreme civil and criminal courts of Scotland, take

a deeper hold of the public mind in the Athens, and engross a greater

share of the public attention, than the orators of St. Stephen’s do in

the British Metropolis.

One reason of this may be the way in which the different courts are

blended together, and in which business is conducted. The Court of

Session is a court of equity, as well as a court of law; and this is

extremely favourable for the pleader, as the two characters blended

together in the same oration give it a rich and popular character,

which it can never have in the stiff formality of the English courts.

Great part of the pleadings, too, are written; and this not only keeps

the inferior speakers from lowering the general tone of the bar, but

enables the more celebrated to confine themselves to such general

arguments as are best calculated for oratorical display. Another thing:

criminal trials, which are ever the most interesting to the public,

are not managed by the fag-end of the law, as at the Old Bailey; and

the counsel for the prisoner is not limited to legal exceptions in the

course of the trial, cross-questionings of witnesses, and motions in

arrest of judgment and mitigation of punishment, after the jury have

returned their verdict, and are beyond the reach of his eloquence,

however touching or powerful. In the Scotch criminal court, whether in

the Athens or at the provincial assizes, the law itself takes care that

the prisoner, whatever be his crime, shall have the aid of counsel; and

if the crime be remarkable, either from its enormity or on account of

the character or rank of the party accused, then the very first counsel

at the bar are ranged on his side. These are allowed full scope,

both to attack the form of the case _in limine_, and to throw every

suspicion upon the evidence, and make every appeal to the judgments and

passions of the jury, that ingenuity can suggest, or eloquence apply.

The official men who have the conducting of the prosecution, are not

only, generally speaking, men of much smaller abilities than those who

have the conducting of the defence, but upon political grounds, as

well as from that general aversion which men have to the sanguinary

operations of the law, the feeling of the public is opposed to them,

and in favour of their antagonists.

There was nothing, indeed, with which I ever was better pleased, or in

which I felt Old England so much inferior to her northern neighbour,

as in the conducting of criminal trials. One who is in the habit of

looking in at that great suttling-house for the gallows, the Old

Bailey,--who sees the hurried manner in which the life of a man is,

perhaps justly enough, sworn away,--who listens to the few seconds of

advice, and the few trifling questions put by the counsel to whom the

poor culprit has given the last shilling that he could beg from his

weeping relations,--who marks the anxiety of the counsel till the case

shall come to that point at which he may coldly abandon his miserable

client--the very point at which an appeal to the jury might turn the

scale,--cannot but feel, when he witnesses the slow and pathetic

solemnity of the Scotch courts, that he is among pleaders of other

powers. A case which brings even Theisseger to the bar, is one of no

common importance, and one never by any chance finds the powers of

Brougham, or the acuteness of Scarlett, come in to save a poor man from

death. But when I was in the Athens, there was only one trial for a

capital crime, and yet the legal sagacity of Moncrieff, and the burning

eloquence of Jeffrey, were exerted for full two hours, on behalf of the

prisoner; and exerted, too, in such a manner as convinced me that the

fee must have been the very least part of their inducement. I never

heard objections put with so perfect a knowledge both of the general

principles of law, or the specialities of the particular case, or

evidence so scientifically dissected, as were done by the former; and

the appeal of Jeffrey to the feelings of the jury, and even to those

of the judges, was one of the finest things I ever heard. There are

many men far more learned in the law than this celebrated Scotchman;

and many who can take a far more sweeping and comprehensive view of

a subject; but all the little sallies of which his speech consisted,

were as sharp as needles and as shining as diamonds. Their brilliancy

made you open your bosom to receive them, and their keenness was such

that they would have pierced their way in spite of you. Their effect

upon the crowded spectators, and upon the jury, was tremendous; nor

was the lord justice clerk himself, who seemed not only a very proud

and consequential person in himself, but by no means a hearty admirer

of the barrister, able to resist the influence. Whenever Jeffrey tore

away a pillar of the evidence against his client, and clenched the

advantage by an appeal to those passions which he seemed to know so

well how to touch, there was a general hum of satisfaction in the

crowd; the jurors looked up with eyes of new hope, as much as to say,

“we shall be able to acquit him yet;” and the judge relaxed a little of

the lofty severity of his countenance.

Another cause why the people of the Athens, and of Scotland generally,

set so high a value upon the Athenian advocates, may be that they are

the only class of persons among whom public speaking is so much as

known. I do not mean to say that the Scotch have no talents for this

kind of display. Quite the reverse; for instead of taciturnity, which

their supposed cautious character would lead one to set down as their

leading propensity, they are the most loquacious people,--I mean the

longest-winded people that ever I met with; having, in their common

conversation, ten times as much _badinage_ and ornament as the English,

and ten times more concatenation of ideas than the Irish.

But they have no subject to excite public speaking, and no occasion

upon which to exercise it. Elections they have none, not even so much

as a parish-meeting, or a wardmote. The only persons among them that

have the privilege of electing even their own local managers, are “the

Trades,” or little corporations of artificers, in the royal burghs,

who annually choose “deacons;” but they usually do this more by the

eloquence of liquor than of words, and as the deacons are commonly a

sort of pack-horses to the burghal corporation, they fall into most of

the sensual and senseless vulgarity which are the characteristics of

it. Churches and hospitals supported by voluntary contribution, at the

annual festivals of which the contributors may make speeches, there

are none. Indeed, unless a Scotchman were to stand on a hill-side and

address the wind, or on the sea-shore and address the waves, he has no

scope for oratory; and thus, come from what part of the country he may,

the pleadings before the courts at the Athens, are quite a novelty to

him, and he runs after and admires them as such. Thus the total absence

of all eloquence throughout the country, makes a very small portion of

it obtain distinction in the Athens.

Curious as it is to find a city where every soul is so much absorbed

by the law, that men and women, girls and boys, of all ages and all

conditions of life, season their common speech with the slang of legal

phrases, and destructive of not only all literary and liberal taste,

but of all the joyous intercourse of life, as it is to hear every

night a rehearsal of Jeffrey’s sarcasm, or Cockburn’s joke of the

morning; yet the Parliament-house of the Athens is a spirit-stirring

scene, and very delightful, compared with the gloomy desolation of

Westminster-hall.

While the courts are sitting it is usually as crowded as the Royal

Exchange at four o’clock, and the hum, and bustle, and eagerness, are

vastly more interesting than the solemn faces and demure looks of

the dealers in tallow and tapioca, who stand under the shadow of the

Grasshopper, with their jaws distended like a trap for foxes, and their

hands up to their elbows in their pockets, as if they could not abstain

from fumbling money, even when the precise minute of bargain has not

arrived.

It is true that you meet with no Rothschild, or any other pawnbroker

for kings, in this ancient apartment of the Scottish Parliament; but,

if you be more a lover of mind than of money, you are sure to meet with

what will please you a great deal better. Before the Judges have taken

their places in the Inner Courts, you cannot miss the tall figure, the

gleesome grey eye, the snub nose, and all the other characteristics

of the spirit of the wizard and the soul of the man, that mark Sir

Walter Scott. A dozen of chosen friends, some Whig and some Tory, hang

about him; and, as he limps along with wonderful vigour, considering

the irregularity of his legs, peals of laughter ring at every word

which he utters, and a score of fledgling Tory barristers, who have

not yet got either a place or a brief, stretch out their goose necks,

huddle round, and cackle at the echo of that which they cannot possibly

hear. In another place, or rather in all places, the Editor of the

Edinburgh Review starts about like wildfire; and unless it be when an

attorney ever and anon brings him up with the sheet-anchor of a fee

and a brief, there is no possibility of arresting his motion. He darts

aside like lightning, runs over the brief with such rapidity that you

would think he were merely counting the pages of an article for the

Edinburgh Review, and having handed it to his clerk, who seems as heavy

as himself is agile, he again darts into the throng, like an otter into

the waters, and is seen no more till he bring up another gudgeon.

Wherever you meet with this highly-gifted personage, you are never

at a loss to distinguish him from every body else. His writings, his

speeches, and his face, have the most remarkable family likeness that

I ever met with. All the three seem cut into little faucettes and

angles, which glitter and sparkle in every possibility of light, both

direct and oblique. In the speech and the writing, rich as is the

play of genius on the surface, it bears no proportion to the mass of

intellect which it covers and dazzles; and keen, acute, and purged of

all grossness and obesity, as is the lower part of the face, it bears

no proportion to the expansion of forehead that towers above. Jeffrey

has the most wonderful pair of eyes that ever illuminated a human

visage. Even when he is shooting along like a small but swift meteor

through the crowd in the Parliament-House, they are beaming so as to

force you to turn away your eyes, and if he looks at you, you find

yourself utterly unable to withstand it. When that look is darting for

any important purpose, such as to ascertain whether a witness be or

be not speaking the truth, it is more searching than that of Garrow

even in his best days, so that the most hardened tremble before it,

and are instantly divested of all power of concealing the truth. If,

however, you attempt to repay Jeffrey in his own coin, by working into

his mind with that sharp and anatomical glance which he employs in

dissecting the minds of other people, you find that you are woefully

mistaken. Those eyes, which can penetrate to the bottom of any other

man’s heart, and expose even that part of it which he studies with the

greatest assiduity to conceal, are a perfect sealed book to you; you

cannot see beyond their external surface, and they give you not so much

as a hint of what the owner is thinking, or what he may be disposed to

say or do next. Wonderful as the eyes are, they are perhaps exceeded

by the eyebrows, and certainly two such intellectual batteries were

never alternately masked and displayed in a manner so singular. They

range over a greater extent of surface, and twist themselves into a

more endless variety of curves than is almost possible to conceive, and

while they do so, they express all manner of thoughts, and utter all

descriptions of sentences. Few men have more eloquence in their speech

than Jeffrey, and I have met with none who had half as much in his face.

Another character in this reeling crowd, which never fails to attract

the attention of a stranger, is that of Robert Forsyth. As far as one

man can be unlike another, he is the very antipodes of Jeffery. He is

large, square, and muscular, more intended by nature, you would think,

for breaking stones on the high road, than for breaking syllogisms

before their Lordships. His face is coarse, broad and flat, and as

immovable in all its muscles as though it had been chiselled out of a

block of granite. As he moves along, he turns his head neither to the

one side nor to the other; and indeed he does not require it, for his

eyes have that divergent squint which enables him at once to scan both

sides of the horizon. The lines of labour are so ploughed across and

across every part of his ample countenance, and they give it so knotted

and so corrugated an appearance, that you can easily perceive he has

followed more occupations, and been attached to more sides of politics

than one. Still there is by no means the quiescence of a mind at ease

upon the strong picture of his visage; the lower part of it is fixed in

something between a half laugh and a half grin, and the upper part has

a firmness about it which tells you he is a through-going lawyer, whom

it will not be easy to turn from his purpose.

The throng is so great, however, and the variety of faces, gowned and

ungowned, wigged and unwigged, beaming forth every shade of mind, and

betokening every degree of mental vacuity, is so perplexing, that your

eye and your imagination are completely bewildered, and you cannot

attend either to individuals or single groups, while the buz of voices

of so many different tones and pitches give your ears the impression of

a very Babel.

Business commences; the Lords Ordinary take their seats--in places

which make them look more like as if they were standing in the pillory

than any thing else. But even there, advocates are drudging in their

vocations; agents running backwards and forwards with briefs; clients

watching the result with palpitating hearts; and the Athenian loungers

hanging about, anticipating their Lordships in the decision of the

several cases. The well-employed advocates now put you very much

in mind of shuttle-cocks. They run from bar to bar, making motions

here and speeches there, in the most chaos-looking style that can be

imagined. Of the whole gown and wig mass, it is but a small portion,

however, who are thus occupied; four-fifths of the whole keep trudging

on from end to end of the hall, and seem never to expect or even to

get a fee; while the bar clerks collected round the fire-places keep

up a continual titter at the repetition of all the good jokes of the

day; and the same scene continues day after day, and month after month.

You are astonished that a place, the real business of which is so dull

and so dry, should have charms for so many idle people; but except

this Parliament-house there is not another in-door lounge in the whole

Athens; and as the business of the courts forms the chief topic of

the evening’s conversation, many attend for the purpose of qualifying

themselves for displays upon a very different arena. It is long before

a stranger can bring himself to relish this first and most favourite

of all Athenian pleasures. I, for one, got tired of it in two or three

days, and began to be of opinion that, however much this fondness for

legal proceedings may sharpen the wits of the Athenian idlers, it is

but a sorry treat for those who have no wish either to get rich by the

acting, or wise by the suffering of the law.

When the business of the day is over, you can perceive the veteran

barristers taking council together as to where they may be joyous for

the night; and the younger legal men of all descriptions hurrying off

toward Princes Street, in order that they may show themselves to the

Athenian fair, before they retreat to drown the daily badgerings in the

nightly bowl.

The Modern Athens A dissection and demonstration of men and things in the Scotch Capital. · 第 7 / 12 章