Page images
PDF
EPUB

have taken away for the moment the seemed likely to furnish reason for the mournful feelings with which he had prolonged exile of the papacy, brought turned his back on France. Thus, a about, under the providence of God, year and a half after the revolution at the fulfilment of the resolution to reFlorence, which had caused so rapid turn to Rome which the Pope had so and widespread a defection among the long delayed to accomplish. The incities of the Pontifical States, and strument of the deliverance of the seemed to threaten the very existence Holy See from its dangerous position of the temporal power of the Church, was the envoy of its rebellious chilthese rery events, which might have dren, the humble maiden from Siena.

A CHRISTMAS CAROL.

BY AUBREY DE VERE.

PRIMEVAL night had repossess'd

Her empire in the fields of peace;
Calm lay the kine on earth's dark brcast;

The carth lay calm in heaven's embrace.

That hour, where shepherds kept their flock:,

From God a glory sudden fell ;
The splendor smote the trees and rocks,

And lay like dew along the dell.

God's angel close beside them stood :

“Fear naught," that angel said, and then, * Behold, I bring you tidings good :

The Saviour Christ is born to men.”

And straightway round him myriads sang

Lcud song again, and yet again,
Till all the hollow valley rang

“ Glory to God, and peace to men.”

The shepherds went and wondering eyed,

In Bethlehem born, the heavenly stranger
Mary and Joseph knelt beside :

The Babe was cradled in the manger i

give advice to the sovereign Pontiff? to perils of all sorts,' "I do not ask you to counsel me,” he ert all his skill under replied, “but to tell me what is the came on as they my will of God.” Again she excused her- Genoa. They w self; and Gregory again urged her, into Villafranca commandiag her at last, by virtue of was not till the her obedience, to tell him what she teen days af knew of God's will as to the matter. that Genoa She bowed her head—“Who knows Pope was m arrient to the business of the will of God better than your holi- and from ness, who have promised him by vow alarmed i es which lawyers are callri to return to Rome ?" Gregory had ing for never revealed his vow to living soul; the Ro

to discharge are many al and from that moment his determina- put th

and consequently a vast deal tion was taken. Still the opposition

seral knowledge is indispensable

hand formation of a really gord was great and powerful. The cardi- gre nals urged him with the example of an

inter. It is not sufficient that bir

wi excellent Pope, Clement IV., who had w

versed in legal principles and

d ents. Without these he cann! never done anything without the approval of the Sacred College.

soceed in his profession; but they are Cath

not the only requisites. There are arine met their arguments, she even

many cases in which legal principle went so far as to urge the Pope to de part secretly, so obstinate and so infl

and precedent are only of secondary

importance. It is when he is called ential was the party that wished to tain him in France.

upon to deal with such cases that the At length.

lawyer feels the advantages of varid September 13, 1376, amid the re

information. If he is ignorant of almos strances of his family and the te his aged father, as well as the

everything but law, he must be pair

fully aware of his utter incompeteur complaints of the whole court,

to do justice to his client. He is compXI. left Avignon. Catharine

pelled to grope his way like a man in mained to the last, and then foot with her companions

the the dark; he wanders at radom. whither the Pope was to pa

our stumbling over everything that liis It seemed as if every k

share in his path, and ends, it may be, bo ence that could beat dov

de in falling into a ditch from which h age was to be allowed to

Femaute- vainly attempts to extricate himsel

every attempt only causing him to the failing heart of Greg

rulent sink deeper-and is at last compelled thing that could be turn

and the to call for help. But it is differes: omen was carefully not

hat the with the man who, in addition to li refused to let him mo

de and legal knowledge, is possessed of me came so restive that a

of law; general and varied information. He brought. As he pass

nulged can always see his way, and, if ascito gon, and Aix to M where the inhabitai

decline. ance is necessary, he knows where in

re told seek for, and seldom fails in obtaining and gloom, Marse

muished it. It is only to a lawyer of this latte he came to embark grand explosion of

that stamp that any man with his eyes

s have open would intrust the care of ircame the terrors o

a legal terests which involved other than age, from the extr

bt, true; strictly legal questions, er encountered 1

ifferent Now if it be true that a large amount grand master of

udy of of general knowledge is necessary to John himself too

1 effect the formation of a really good lawyer. ley in which

it is then it must be admitted that the study weather-beaten

[graphic]
[ocr errors]

A Ckristmas Carol

for the moment the seemed likely to furnish reason for the th which he had prolonged exile of the paper, brosche unce. Thus, a about, under the providence of God resolution at the fulfilment of the resolation to d so rapid turn to Rome which the Pope has the mong the long delayed to atraps The of and strument of the del verano desde tence Holy See from its dangaus poida "ch, was the entor of its n enes skil

dren, the humble martea free cas

displayed either the grosssness or the most lamentable ¿ of the rules, not only of ition, but also of grammar; and is would have been almost inexule in a schoolboy. It is a comc) notion that elegance is not reaired, and is out of place in law papers and ia letters. I for one cannot agree in that opinion. An ele

gant style is always desirable. It 3t is preposterous to assert-as many ere people do—that attention to style Lely begets a habit of neglecting the uning substance for the sake of the shadow. nere is On the contrary, an elegant style adds ited in- to the effect both of speech and writused is ing; and therefore it ought to be culti

vated by every lawyer. fi, not only So much for the general objection

writing, are that the study of literature is incomto a lawyer, patible with the study of law. I think er walks of the I have said quite sufficient to show to attain these that it ought to form a part of the eds, concentration, ucation of every lawyer. But with. i thought must be reference to the proof of the assertion,

There is nothing that men of distinguished literary ate to the acquirement tainments have seldom risen to emi

than the careful ex- nence in the legal profession, I could iem as displayed in the name many men who have rendered speeches of others, and themselves conspicuous for their liter

expression of our own ary abilities, and, at the same time, oth in writing and in gained the highest honors of their proaw treatises, it need scarce- fession. Yet I admit that overwhelmuid, are not conspicuous as ing evidence of a contrary nature f either ease, fluency, or pol- might easily be adduced; but I do not d therefore the lawyer who as. admit the reason to be that the one 0 these accomplishments must profession is incompatible with the elsewhere for bis models. In other. I maintain the reverse. The respect, also, the study of litera- reason why comparatively few lawyers e is beneficial to the lawyer; and have risen to eminence, both in litera

attentive reading be accompanied ture and in law, appears to me to be with frequent careful writing and simply this, that whenever their literapeaking, he cannot fail ultimately to ry leanings became known, the opporain the objects of his desire. If the tunity was denied them of distinguishnembers of the legal profession would ing themselves in their profession; the astow more pains than they do to the consequence of which was that they !"quisition of a good style of writing abandoned the study of law altogether, ind speaking, the advantages which and betook themselves to the more Fould accrue to them would greatly agreeable and less laborious occupautweigh all the trouble incurred. I tion of literature. And it must also are seen letters and even pleadings be borne in mind that law is not alwritten, and heard speeches delivered, ways studied with the view of engag. by' men of eminence in the legal profes. ing in its practice; but often with the

VOL. II. 36

[graphic]

From The St. James Magazine.

LAW AND LITERATURE.

NOTWITHSTANDING the seeming made subservient to the business & incongruity, there subsists a very in his profession. timate connection between law and The duties which lawyers are call literature. To the legal profession, upon to discharge are many ar more than any other, we are indebted various, and consequently a vast deal for the magnitude and splendor of of general knowledge is indispensabi our literature. Nor is it only with to the formation of a really goo one or two branches or divisions of lawyer. It is not sufficient that he literature that the connection exists. well versed in legal principles an On the contrary, there is scarcely a precedents. Without these he cann single department in which the legal succeed in his profession ; but they are profession is not represented. History, not the only requisites. There are biography, philosophy, metaphysics, many cases in which legal principle poetry, the drama, fiction, oratory, and precedent are only of secondary criticism, and even theology, have all importance. It is when he is calle been contributed to by men who at one upon to deal with such cases that the time or other were connected with the lawyer feels the advantages of rar legal profession. Nor is the literature information. If he is ignorant of almas which has emanated from that source everything but law, he must be painof a superficial or evanescent nature. fully aware of his utter incompetera Much of it has passed away, and is to do justice to his client. He is alnow almost unknown; but a great pelled to grope his way like a man n deal still remains, forming some of the the dark; he wanders at rad best and most endurable of our stumbling over everything that les classics. And these contributions have in his path, and ends, it mar lek been—and still are being—made in falling into a ditch from which bo spite of the opposition and discounte- vainly attempts to extricate himsel nance of the legal profession itself. every attempt only causing him ?

There is an opinion very prevalent sink deeper-and is at last compete among the public generally, and the to call for help. But it is diffen: legal profession in particular, that the with the man who, in addition to be study of literature is at variance and legal knowledge. is possessed of mr. inconsistent with the study of law; general and varied information. He that the more the former is indulged can always see his way, and, if ases in, the more the latter will decline. ance is necessary, he knows where ** In support of this opinion we are told seek for, and seldom fails in obtains that very few men have distinguished it. It is only to a lawyer of this latri themselves in both avocations; that stamp that any man with his true men of great literary attainments have open would intrust the care of is seldom risen to eminence in the legal terests which involved other this profession. That is, no doubt, true; strictly legal questions. but I attribute it to a very different Now if it be true that a large amour cause. I consider that the study of of general knowledge is necessary!" literature must have a beneficial effect the formation of a really good larm upoa a lawyer, provided that it is ther it must be admitted that the stu.

of literature is an indispensable part sion, which displayed either the grossof his professional education. The est carelessness or the most lamentable arts and sciences are all represented in ignorance of the rules, not only of literature; and it is only in the study composition, but also of grammar; and of literature that the requisite general such as would have been almost inexinformation can be gained. The cusable in a schoolboy. It is a comirror appears to me to consist in con- mon notion that elegance is not refounding the term literature with quired, and is out of place in law paumusing literature. This confusion of pers and in letters. I for one canterms is very common ; but it is also not agree in that opinion. An elevery absurd. When I speak of “ lit- gant style is always desirable. It rature," I use the word in its most is preposterous to assert-as many comprehensive sense; and if I were people do—that attention to style o be understood as meaning solely begets a habit of neglecting the 'amusing literature," my meaning substance for the sake of the shadow. vould be grossly perverted. There is On the contrary, an elegant style adds 10 ground for accepting a limited in- to the effect both of speech and writerpretation unless the term used is ing; and therefore it ought to be cultixpressly qualified.

vated by every lawyer. Ease, fluency, and polish, not only So much for the general objection:

speaking, but also in writing, are that the study of literature is incomkewise indispensable to a lawyer, patible with the study of law. I think articularly in the higher walks of the I have said quite sufficient to show trofession. In order to attain these that it ought to form a part of the edequisites, conciseness, concentration, ucation of every lawyer. But with. od arrangement of thought must be reference to the proof of the assertion, iligently studied. There is nothing that men of distinguished literary atwhich tends more to the acquirement tainments have seldom risen to emif such qualities than the careful ex- nence in the legal profession, I could imination of them as displayed in the name many men who have rendered Fritings and speeches of others, and themselves conspicuous for their literbe frequent expression of our own ary abilities, and, at the same time, houghts, both in writing and in gained the highest honors of their propeech. Law treatises, it need scarce- fession. Yet I admit that overwhelm

be said, are not conspicuous as ing evidence of a contrary nature models of either ease, fluency, or pol- might easily be adduced ; but I do not h; and therefore the lawyer who as- admit the reason to be that the one ires to these accomplishments must profession is incompatible with the ek elsewhere for his models. In other. I maintain the reverse. The Lis respect, also, the study of litera- reason why comparatively few lawyers tre is beneficial to the lawyer; and have risen to eminence, both in litera

attentive reading be accompanied ture and in law, appears to me to be ith frequent careful writing and simply this, that whenever their literapeaking, he cannot fail ultimately to ry leanings became known, the opporain the objects of his desire. If the tunity was denied them of distinguishkembers of the legal profession would ing themselves in their profession; the estow more pains than they do to the consequence of which was that they

quisition of a good style of writing abandoned the study of law altogether, nd speaking, the advantages which and betook themselves to the more ould accrue to them would greatly agreeable and less laborious occupautweigh all the trouble incurred. I tion of literature. And it must also ave seen letters and even pleadings be borne in mind that law is not alritten, and heard speeches delivered, ways studied with the view of engag. men of eminence in the legal profes- ing in its practice; but often with the

VOL. II. 36

« EelmineJätka »