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Updated: May 19, 2025
His freehold, his merchandise, and those instruments, by which he obtained his livelihood, were made sacred from such impositions. A more grand reform was made with regard to the administration of justice. The kings in those days seldom resided long in one place, and their courts followed their persons. This erratic justice must have been productive of infinite inconvenience to the litigants.
Every lawyer is an officer of the court as fully as is the judge or the clerk. He has, indeed, a longer term of office than is generally accorded to them, for he holds his position for life, or during good behavior. Courts could not exist under the American system without lawyers to stand between litigants and the judge or jury.
International law, like other law, has its chicanery, its subtle pleadings, its technical forms, which may too easily be so employed as to make its substance inefficient. Those litigants therefore who did not wish the litigation to come to a speedy close had no difficulty in interposing delays. There was a long dispute about the place where the conferences should be held.
It was an honest, common-sense adjudication of equity cases, and rendered cheap and speedy justice to litigants. It was unknown in the judiciary system of any other State, and I will be excused by the reader, who may not be a Georgian, for a brief description of it here.
Meanwhile the agent was in his own house, revolving all the points of a puzzle more curious than any that had yet come within the scope of his experience. Sometimes he felt confidence, and at other times despair; and of course he had the consolation, which belongs to all litigants, that the opposite party was undergoing the same process of oscillation.
In my judgment, a change in judicial procedure, with a view to reducing its expense to private litigants in civil cases and facilitating the dispatch of business and final decision in both civil and criminal cases, constitutes the greatest need in our American institutions.
Carte says: "The crown exercised in those days an exorbitant and inconvenient power, ordering the justices of the king's court, in suits about lands, to turn out, put, and keep in possession, which of the litigants they pleased; to send contradictory orders; and take large sums of money from each; to respite proceedings; to direct sentences; and the judges, acting by their commission, conceived themselves bound to observe such orders, to the great delay, interruption, and preventing of justice; at least, this was John's practice," Carte's History of England, vol. 1, p. 832.
This seems shocking to us; but our objection to it is quite a recent development: no longer ago than Shakespear's time it was thought quite natural that litigants should give presents to human judges; and the buying off of divine wrath by actual money payments to priests, or, in the reformed churches which discountenance this, by subscriptions to charities and church building and the like, is still in full swing.
In the floors the mosaics are as fresh as though newly applied; and the ribald and libelous Latin, which disappointed litigants carved on the stones at the back of the law court, looks as though it might have been scored there last week certainly not further back than the week before that.
The story of the campaign which followed is confined to a few personal anecdotes connected with the remarkable man who led the Roman armies. The learning of Crassus was attested by the fact that, when he held a court in Asia, he could not only deliver his judgments in Greek, but adapt his discourse to the dialect of the different litigants.
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