with a plea which the attorney finds to be false,
so that he cannot plead it for _the sake of_ his conscience, the
attorney may plead in this case, _quod non fuit veraciter informatus_,
and in so doing he does his duty. Jenkins, 52.
[19] Whewell's Elements of Moral and Political Science, vol. 1, p. 257.
[20] Law Magazine, February, 1850, May, 1854. Law Review, February,
1850. Several articles on the subject, taken from the English press, are
to be found in Littell's Living Age, vol. 24, pp. 179, 230, 306. I have
added, in an appendix, Mr. Phillips's vindication of himself from these
charges, in his correspondence with his friend Mr. Warren, preceded by a
brief statement of the case.
[21] The civil law will not allow a man to be convicted on his bare
confession, not corroborated by evidence of his guilt; because there may
be circumstances which may induce an innocent man to accuse himself.
Bowyer's Commentaries, 355, note. Upon a simple and plain confession,
the court hath nothing to do but to award judgment; but it is usually
very backward in receiving and recording such confession out of
tenderness to the life of the subject; and will generally advise the
prisoner to retract it and plead to the indictment. 4 Blackst. Comm.
329. 2 Hale, P. C. 225.
[22] Per Story, J., in Williams _v._ Read, 3 Mason, 418.
[23] In enumerating the things to which every pleader of others' causes
ought to have a regard, the Mirror of Justices says, "That he put no
false dilatories into court, nor false witnesses, nor move or offer any
false corruptive deceits, leasings, or false lies, nor consent to any
such, but truly maintain his client's cause, so that it fail not by any
negligence or default in him, nor by any threatening, hurt, or villany,
disturb the judge, plaintiff, serjeant, or any other in court, whereby
he hinder the right or the hearing of the cause." Chap. 2, s. 5. This is
indeed in the very words of the serjeant's oath, and Lord Coke remarks
that it consists of four parts: "1. That he shall well and truly serve
the king's people, as one of the serjeants at law. 2. That he shall
truly counsel them that he shall be retained with, after his cunning. 3.
That he shall not defer, wait, or delay their causes willingly for
covetousness of money, or other thing that may tend to his profit. 4.
That he shall give due attendance accordingly." 2 Inst. 214.
[24] A pleader is suspendable when he is attainted to have received fees
|