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Updated: May 19, 2025
He ought to have advice of some sort." "I don't see how he is to get it," said I. "Neither do I," Thorndyke admitted. "There are no hospitals for impecunious litigants; it is assumed that only persons of means have a right to go to law. Of course, if we knew the man and the circumstances we might be able to help him; but for all we know to the contrary, he may be an arrant scoundrel."
Women litigants almost always win their cases, not, as is commonly assumed, because the jurymen fall in love with them, but simply and solely because they are clear-headed, resourceful, implacable and without qualms. What is here visible in the halls of justice, in the face of a vast technical equipment for combating mendacity, is ten times more obvious in freer fields.
When the speeches are concluded, the officials assigned to the taking of the votes give each juror two ballot balls, one pierced and one solid. This is done in full view of the rival litigants, to secure that no one shall receive two pierced or two solid balls. This is to ensure that all shall vote; since no one can get a voucher unless he votes.
The report of these proceedings spread with such rapidity that it became quite embarrassing, if not impossible, to deal effectively and thoroughly with the daily increasing number of litigants. I began to understand the reason why in more civilised communities legal proceedings are made so expensive.
Some of its customers were among the litigants, as was later discovered. And so it resulted that not until near the end of June did it dawn upon the officers involved that the whole matter was nothing more nor less than a well-conceived, but rascally, scheme to "milk them dry," as was the expression, secure their shares at a sacrifice, or drive them out entirely.
The courts do not render decisions like imperial rescripts declaring laws valid or invalid. They merely render judgment on the rights of the litigants in particular cases, and in arriving at their judgment they refuse to give effect to statutes which they find clearly not to be made in pursuance of the constitution and therefore to be no laws at all.
In fact it was the impossibility of finding men who could remain judicial in their attitude when the thought of remuneration moved them to advocate the cause of one of the litigants, that put the Scribes of those days in an indefensible position and led to the attacks upon them that we find in the New Testament. And so it was in Rome.
In the golden age of the Roman law, therefore, the payment of the profession became recognized as legitimate and the profession itself became a definite body with clearly understood functions. In England, for two hundred years after the Conquest, the priests were the only learned men, and they, too, like the Scribes, acted as judges and advisers of litigants.
Though against the papal theory, which denounced usurious practices, an immense papal banking system had sprung up, in connection with the Curia, and sums at usurious interest were advanced to prelates, place. hunters, and litigants. The papal bankers were privileged; all others were under the ban.
The freedom of appeal which is generally conceded to defeated litigants in this country has been made the subject of severe criticism. It seems, however, a necessary incident of our political institutions. They are built upon the foundation of a profound reverence for the rights of the individual and of the equality of all before the law.
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