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In the assemblies by centuries, the vote of the first class prevailed over all the others; in the comitia by curiae the patricians were supreme. The Comitia Tributa represented the thirty Roman tribes according to the Servian constitution, to whom was originally given the right to elect inferior magistrates.
And right sorrowful was every Briton there when Saunders closed abruptly the cross-examination of Joshua Fullalove. His lordship then said he wished to ask Vespasian a question. Saunders lost patience. " What, another amicus curiae, my lud! This is unprecedented." "Excuse my curiosity, Brother Saunders," said the judge ironically. "I wish to trace this L. 14,000 as far as possible.
He will swear his ears through an inch-board, and wears them merely by favour of the Court; for, being amicus curiae, they are willing to let him keep the pillory out of possession, though he has forfeited his right never so often; for when he is once outed of his ears he is past his labour, and can do the commonwealth of practisers no more service.
I refer to the defensor urbis. This office came into prominence when Roman despotism found that it was overreaching itself by grinding down the defenseless curiae below the margin of productiveness. The duties of the defensor were, as his name implies, to protect the powerless inhabitants of the cities against the exactions of the imperial ministers.
"Since I have been here," he said, "I have had made to me no less than three appeals on your behalf and by separate people by your father, who fancies that you are pining for Owen Davies; by Owen Davies, who is certainly pining for you; and by old Edward, intervening as a kind of domestic amicus curiae." "Indeed," said Beatrice, in a voice of ice.
Bar, with his little insinuating jury droop, and fingering his persuasive double eye-glass, hoped he might be excused if he mentioned to one of the greatest converters of the root of all evil into the root of all good, who had for a long time reflected a shining lustre on the annals even of our commercial country if he mentioned, disinterestedly, and as, what we lawyers called in our pedantic way, amicus curiae, a fact that had come by accident within his knowledge.
"Judas H. Priest!" he roared at the rubber plant. "I'd give a good deal for a decent excuse to fire that blooming nincompoop!" Meantime, as the object of his ire slunk down the corridor darkness descended upon the soul of Caput Magnus. For Caput was what is known as an office lawyer and had never gone into court save as an onlooker or as he would have phrased it an amicus curiae.
I have told Hamilton that I hope still to be considered as amicus curiae, and to be applied to on every occasion when I can be of use to the office, or my personal services can be employed to promote the interest of any member of it.
To pursue the subject further would be to plunge into the morasses of the law where there is no footing for the plain man; but just a word or two may be added on the subject of punishment for contempt. In old days persons who were guilty of contempt in facie curiae had their right hands cut off, and Mr. Nowadays the penalty for most contempts is costs.
The second sort is of those, that engage courts in quarrels of jurisdiction, and are not truly amici curiae, but parasiti curiae, in puffing a court up beyond her bounds, for their own scraps and advantage.
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