as if the judges had not heard or understood your senior -as if there were no other case to be heard but your own -as if you were not the subject of the "curses, not loud but deep," of those whom you keep waiting to be heard in their own cases-possibly of far greater importance than that with which you are pestering the court ad nauseam! Observe how differently the court listens to a sinner of this sort, and to a man who has earned the character of being brief and lucid! Do not give up too easily; but avoid that accursed pertinacity which you may occasionally see exhibited. Look at the faces of the judges while suffering under the infliction!-Be courteous to your opponents. When you find that you are being beaten,— then is the moment to guard against the least manifestation of a ruffled temper-of irritability, or snappishness, or downright ill-humour. It will provoke only laughter, or dislike. "Tis at this pinching point that you may infallibly distinguish between the temper and breeding of different men-between the man well bred, and him under bred, or ill bred. A gentleman is a gentleman to the end of the chapter.-Never take offence at what is said or done by your opponent, or your leader, unless you deliberately believe that offence was intended. If that be the case, you must act as your own sense of self-respect may prompt-with spirit, but prudence. Never permit yourself to speak in a disparaging tone of any of your brethren in the presence of clients. If you cannot praise, be silent. Do not expose a slip, or error; but if possible, and consistent with your duty to your own client, conceal that slip or error, as you would wish your own to be concealed.

Avoid buffoonery in conducting a cause. Use no vulgar language, jokes, gestures, or grimace. Play to the critics

in the pit, not to the gods in the gallery. You may possibly make a foolish juryman or bystander laugh with you, when every one else is laughing at you, or is indignant at the degrading exhibition which you are making, possibly before some foreigner, or stranger of critical acuteness and refinement, and who may speak of what he has seen, as a sample of the English bar!

Take a few lessons in elocu

Stand straight up, while or examining a witness,

Pay attention to manner. tion, if conscious of deficiency. addressing either judge or jury, and do not be sprawling over the desks and benches. Speak with distinctness, emphasis, and due deliberation, if you wish to be heard and attended to. Do everything in your power to acquire self-possession: practise at debating societies, or elsewhere as you may have opportunity. A flustered speaker is always a bad one-giving pain to his auditors, and securing to himself the harassing consciousness, on sitting down, that he has not done justice to either his clients or himself. When you are unexpectedly left alone in a case, keep quiet-be tranquil. Do not proclaim your inexperience or incompetence, by fidgetting yourself and others. To adopt a Scottish phrase, dinna fash yoursel'. When a hint is given you by an experienced neighbour, give your mind to it, and receive it with courteous gratitude.

Never undervalue your opponent: but give him credit for being able to take advantage of the weak parts in your own case, and be on your guard accordingly.

Do not be disheartened when facts come out adverse to your case, either unexpectedly from your own witnesses, or from those of your opponent. Every fact has two aspects-one favourable to him who adduces it, and

another favourable to you, if you have sharpness enough to see it. The moment that it is established in evidence, try to reconcile it with your own facts.-Endeavour to secure a command over your features. When the most desperate mischance is befalling you-when the iron is entering your soul-look calm, and maintain an air of cheerful confidence. In this the late Lord Abinger and Sir William Follett were perfectly successful.-The jury are watching you, and are often much influenced by such matters.— Never attempt to deceive the judge. When he asks you a critical question, answer cautiously, but not disingenuously. Scorn equivocation-equally the suppressio veri, and suggestio falsi. Candour and frankness are precious qualities in judicial estimation. Consider how silly and useless is the attempt to play off the petty tricks of practice with men of their thorough experience and knowledge of the profession-its members-and its ways!-You may perhaps have too much assurance, or stolidity to perceive it—but every one else may see significant and dangerous indications of their profound contempt towards you!

These are a few of the hints which have occurred to the author, during some years' attentive observation, and a little experience. They are offered with diffidence, but not without hope that they may be of some little service to candidates for success at the bar.

878

CHAPTER XX.

IRELAND

THE COMMON AND STATUTE LAW IN FORCE THERE.

"I HAVE been informed," says Sir Edward Coke,* “by many of them that have had judicial places in Ireland, and know partly of mine own knowledge, that there is no nation in the Christian world that are greater lovers of justice, than the Irish are; which virtue must, of necessity, be accompanied with many others: and besides, they are descended of the ancient Britaines, and therefore the more endeared to us."

Such were the terms of hearty and affectionate eulogy in which our great master, Sir Edward Coke, spoke of his Irish fellow-subjects: and in spite of much misery and misunderstanding which have existed between the two countries since his time, we are confident that the hearts of Ireland and of England still beat in unison, and that the best in both countries are most ardent in desiring that we should all live in harmony together, based upon that love and loyalty which are the true foundations of an indissoluble union.

The principles of the Common Law are the same in Ireland and in England, whatever may have been the period at which it was introduced into Ireland; nor is there any essential difference in the mode of administering it.† Almost * 4 Institute (c. 76), p. 349.

+ Note. There are no copyholds in Ireland.

every member of the Irish Bar receives an important part of his education in London; a circumstance which, added to that of the number of Irish members at the English Bar, contributes not a little to maintain the existing cordiality and affection between the Bars of Dublin and London. There are in Ireland the three Courts of Queen's Bench, Common Pleas, (which is not, as in England, a close court,) and Exchequer, each with four judges, who go circuit twice a year, in spring and summer;* there are also the Ecclesiastical Courts, Courts of Equity, a Lord Chancellor, and a Master of the Rolls; those being also, as was lately the case in England, an Equity side of the Exchequer. Both Equity and Common Law are administered on precisely the same principles in London and Dublin: our English Treatises and Reports are their authorities, and our own courts are becoming more accustomed to cite also the Reports of the decisions in the Irish Courts. There exists, however, a little discrepancy and uncertainty between the legislative enactments for the two countries; and we shall, in our present confined space, content ourselves with indicating very generally the position of the Statute Law of Ireland. It may be distinguished into three periods: first, that ending with the year 1494-5: secondly, that elapsing between 1494-5 and 1800; and thirdly, the period which has since elapsed: distinctions which, at all events to Irish practitioners, it is of much practical importance to bear in mind. (1.) During the first of these periods, English statutes did not bind Ireland, unless where it was specially named, or included by general words. (2.) The second period commences with the year

* There are six Circuits-the Home Circuit, the North-West, NorthEast, Leinster, Munster, and Connaught.