; but, when
they became a standing body, they were the proximate efficient cause
of destroying liberty, though this was only the prelude to that decline
which afterwards took place.
In limited monarchies, the lawyers are the greatest body, from which
this sort of danger arises, and the reasons are numerous and evident.
United in interest, and constantly occupied in studying the law of the
country, while the public at large are occupied on a variety of different
objects, and without any bond of union, there can be nothing more
natural than that they should contrive to render the business which
they alone can understand, of as much importance and profit as
possible.
In the criminal law of the country, where the king is the prosecutor,
and where the lawyers are not interested in multiplying expense or
embarrassment, our laws are administered with admirable attention;
though, perhaps, in some cases, they are blamed for severity, they are
justly admired over the world for their mode of administration.
It is very different in cases of property, or civil actions, where it is
man against man, and where both solicitor and council =sic= are
interested in the intricacy of the case. Here, indeed, the public is so
glaringly imposed upon, that it would be almost useless to dwell on
the sub-[end of page #119] ject, and, as a part of the plan of this work
is to offer, or point out, a remedy, it may be sufficient, in this case, to
go over the business once, and leave the examples till the relief is
proposed.
At present, it is, however, necessary to shew why, as things are
constituted in mixed governments like this, no remedy is to be had.
The public only acts by representatives; and, in the House of Lords,
the law-lords, who have _l'esprit du corps_, may easily contrive to
manage every thing. One or two noblemen excepted, no one either
has, or pretends to have sufficient knowledge to argue or adjust a
point of law. Indeed, it is no easy matter to do so with effect, for,
besides that, the law-lords have ministers on their side, or, which is
the same thing, are on the side of ministers, the speaker is himself at
the head of the law. The other members who look up to the law-lords,
and who are generally very few in number on a law-question,
generally give their assent. In the House of Commons, in which there
are a number of lawyers, they are still less opposed. The country
gentlemen profess ignorance. They think that to watch mon
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