Bishop of Lichfield), entitled-" Forms of Ecclesiastical Law, or the Modes of Conducting Suits in the Consistory Courts," in 1 vol. 8vo (2d edit.), containing numerous extracts very well arranged, from the chief writers on Ecclesiastical Law. The Ecclesiastical REPORTS have long been celebrated, both at home and abroad (as already intimated), for the numerous and masterly expositions which they contain, not only of the principles of Ecclesiastical, but also International Law, by Lord Stowell and his distinguished successors. CHAPTER XIV. HOW TO COMMENCE AND PROSECUTE THE PRACTICAL STUDY OF THE LAW. HAVING now surveyed every department of the legal profession, let us express a hope that we have redeemed the pledge with which we entered upon the arduous undertaking, namely of exhibiting to the student a correct outline of the country before him,-of the entire legal profession, in its existing state, and as he will find it, upon adopting that branch of it which he may have deemed most eligible. We must now, however, proceed to discuss a question to which probably no two members of the legal profession, whether judges or counsel, will return the same answer : namely, how the practical study of the law should be commenced and prosecuted. "Of those who are so civil," says Roger North, in a passage quoted in an early part of this work,† "as to assist a novice with their advice what method to take, few agree in the same: some saying one way, and some another; and amongst them, rarely any one that is tolerably just. Nor is it so easy a matter to do it, that every one should pretend to advise for most enter the profession by chance, and all his life after is partial to his own way, though none of the best and I scarce think it is harder to resolve very difficult cases in law, than it is : : *Ante, p. 276. † Ante, pp. 9, 10. to direct a young gentleman what course he should take to enable himself to do so." This was said nearly two hundred years ago;* but it is perfectly true at the present day—principally on the grounds suggested in the introductory chapter of this work, and which it is superfluous to reiterate. We may, however, briefly express concurrence in an observation of Mr. Starkie, in his preliminary lecture at the Inner Temple in 1834-5,† That "the neglect, or omission, of a systematic preparation, previous to the commencement of the advocate's career, is a very remarkable, and a very characteristic circumstance, connected with the history of jurisprudence in this country." It is very possible that, one of the chief causes of such a state of things, is to be looked for in that application to the legal profession, of the principle of the division of labour, which has had the effect of dividing our profession into the several departments which have just passed under our review. Were it otherwise—were there only one general court, regulated by the same rules of practice, governed by the same principles, and attended by the same practitioners, then it might perhaps be reasonable to expect that some uniform course of legal education should be prescribed by the competent public authorities, and be, possibly, of a collegiate character. While, however, one meditating an entrance into our profession, sees its various departments mapped out before him, and is, if a thoughtful and prudent person, seldom disposed, or indeed qualified, to select at once the particular one to which he is to devote his future life-to determine whether he will practise at the Equity or the Common Law Bar-or in con At all events somewhere about 170 years ago. Vide ante, p. 9 (note). Ante, pp. 283, et seq. veyancing or apply himself to criminal law-or betake himself to the ecclesiastical courts,-it certainly would appear somewhat unreasonable, to prescribe one uniform course of legal education, to all classes of students. It is true that the great leading principles of jurisprudence on which is based our own municipal system, as well as those of all other civilised countries, are well settled, and capable of being scientifically and satisfactorily communicated to students, as the ground-work of all future acquisitions. But it is also undoubtedly true, and the acknowledgment is made reluctantly, and with pain, that the scientific study of law is rarely at present cultivated with that earnestness of purpose, that deep devotion, that deliberation and perseverance, on which alone can be founded valid pretensions to the title of A GREAT LAWYER. The tendency of the day is to make "lawyers in haste," to adopt the significant and sarcastic expression of Sir Edward Coke. Sons and fathers are equally impatient for the commencement of the supposed money-making process and at the very earliest moment that the regulations of the Inns of Court will admit of, the hopeful youth is seen at Westminster, flushed with eagerness and expectation, panting in professional costume, ready and eager to obtain business, for the discharge of which he is in truth utterly unqualified, but into which he may nevertheless be thrust, and be for a while sustained, by the determined efforts of the 'connection' by which he is backed. His incapacity, however, will he is assured, soon demonstrate itself and precipitate exposure, and consequent professional failure, in spite of all that can then be done to prevent it. Incomparably better off is he who has not yet been tried, for even a long period, than he who has been tried, : and found wanting and this is a truth which ought to sink deep into the mind of the most eager and ambitious student, and of his parents, friends, and supporters.* The same cause operates also, too frequently, in producing a hasty and imprudent selection of one of the various departments of our profession,-imprudent, with reference to either the physical and mental qualifications, or the position in life, connection, and prospects, of the student. Alas, how many painful illustrations of the truth of these remarks, are afforded by a survey of the perpetually augmenting numbers of the English bar! How many come to it as if, in truth, the business of the bar were mere play-requiring little or no previous training -and who imagine, moreover, that they may rely on every promise of support made-or supposed to have been made-by professional friends and acquaintances: expecting to be thrust, instanter, into the full course of professional employment, under the absurd idea that even were such to be the case, they would be QUALIFIED to encounter "the occasion sudden, the practice dangerous," ominously spoken of by Sir Edward Coke! †t How many hundreds are at this instant secretly cursing the hour of their entering * The late experienced and eminent Mr. Chitty, in one of his latest publications, thus handled the same topic-and very few were qualified to speak on the subject with such authority :-" It has become the practice, almost without any previous study, to continue a pupil in a pleader's or conveyancer's chambers, for a very short time, as if merely to obtain the reputation of having been there; when at least two, if not three, years' close attention to the practice in the preceptor's chamber is essential. It is really scarcely honourable to endanger the interests of clients, by assuming to practise upon such very slender information as has of late been deemed necessary. If this practice be attributable to the amiable desire of sons to relieve their parents from expense, the latter should take care to prevent the mischievous influence of any such sentiments."—Gen. Prac. vol. ii. p. 41, note (k). + Ante, p. 8. |