datis, et cognita
prevaricatione, ferro in domo ejus incubuerit. Igitur incipiente C.
Silio consule designato, cujus de potentia et exitio in tempore
memorabo, consurgunt patres, legemque Cinciam flagitant, qua cavetur
antiquitus ne quis ob causam orandam pecuniam donumve accipiat. Tacit.
Annul. 1. 11, c. 5.
[34] Chancellor Walworth, in Adams _v._ Stevens, 26 Wendell, 21. While
expressing, as will be seen presently, the opinion that authority as
well as sound policy would have led me to a different conclusion from
that at which Chancellor Walworth arrived, it is proper to acknowledge
that I have drawn largely upon his learned judgment in this case, and at
the same time to express the high admiration I entertain for the ability
with which the last of the New York Chancellors illustrated the chair
where such truly great men had sat before him.
[35] Gibbon's Decline and Fall, c. xvii.
[36] 3 Blackst. Com. 28; Davis Pref. 22; 1 Chanc. Rep. 38; Davis, 23;
Hodgson _v._ Scarlett, 1 B. & Ald. 232; Finch. L. 188; and see Butler's
note to 1 Co. Litt. 295 a. So it is with the advocates in the civil law.
Vost ad Pand. tit. de Postal. Numb. 6, 7, 8; Gravina de Oster. lib. 1,
s. 42, 43, 44. Boucher D'Asyis, Hist. Abrege de L'Order des Avocats, c.
iv. See also the commencement of the Dialogue des Avocats du Parl. de
Paris, by Loisil, which contains curious particulars throughout
respecting the ancient French Bar. An amusing anecdote is related of
Pasquier, the famous French advocate. In 1583, while he was attending
the assizes (_les grands jours_) at Troyes, he sat for his portrait, and
after the painter had finished the likeness, which Pasquier had not yet
examined, he asked him to represent him with a book in his hand. The
painter said that it was too late, as the picture was completed without
hands. Upon this the witty lawyer immediately wrote the following lines
as a motto for the portrait:
Nulla hic Pascasio manus est: Lex Cincia quippe
Causidicos nulla sanxit habere manus.
Forsyth's Hortensius, 424.
[37] The reader will find in the Appendix, No. III, an account of the
different orders of the English Bar.
[38] In some States, the professions of attorney and counsellor at law
are not distinct; the same person conducts the cause in all its stages;
and it has not been considered that his authority ceases when judgment
is obtained. The attorney is in some degree the agent as well as the
attorney of the party.
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