L

AW, confidered as a fcience, has in all ages juftly laid claim to the highest veneration and refpect: the fudy and profeffion of it has engaged the time and attention of the greatest geniufes the world ever produced; and hiftory, both facred and profane, has not been filent as to the many and great advantages that have been reaped from their labours. In our own country in particular, the falutary effects of our laws are univerfally felt and acknowledged, and have through time reared up and established a model of government at once the envy and admiration of the world. In refpect to those inestimable bleffings of liber ty and protection of property, the meanest peasant feels not the inferiority of his fituation, as the law has put him on an equality with thofe in the most elevated fpheres of life; and any infringement upon the one, or injury done to the other, would meet with a punishment dictated by the most impartial justice.

When the great antiquity and utility of the law are allowed on all hands, one might at firft view be led to think that the members and prac. titioners of it would be also looked upon in an honourable light. Certain, however, it is, that this is not generally the cafe; as, although there may be many inftances of particular perfons who are held in the greatest efteem and refpect, yet confidered and spoken of as a body, there are no set or fociety of men whatever who are lefs obliged to fame for a good name than they are.

It is believed the prejudices en tertained against the profeffion, notwithstanding the enlightened age we live in, are stronger at this day than they were about a century ago; and it is to be feared there is now greater reafon for them. Then the mem

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VOL. IV. N° 20.

bers and practitioners of the law were generally younger fons of genteel families, whofe patrimony almoft folely confifted of a liberal education, and who were under the neceffity of either entering into the army, or following one of the learned profeffions for a fubfiftence; the ftrict regard that was paid to the feudal laws, and the defire of keeping up the dignity and importance of the family, not admitting of a divifion of the estate, or even of burdening it to any great extent for provifions to the younger children. A mechanic, though able, would have thought both time and expence thrown away to little or no purpose in giving his fon a liberal education, which in his opinion he could turn to a much better account in handling the razor or needle; and unlefs the vanity of making a gentleman, as it was termed, predominated over every other confideration, the son of a mechanic, training up with a view to any of the learned profeffions, was a prodigy rarely to be met with in thofe days.-Then, too, the business in the departments of law and phyfic was but small to what it is now, as it was not yet found necessary to call in the affiftance and attendance of a regular bred lawyer and furgeon upon every little emergency in either of the profeffions, the bulk of the people cheerfully fubmitting the adjustment of their differences to the arbitration of one or more of their reputable neighbours; who, though not lawyers by profeffion, might be fuppofed capable of deciding according to the dictates of plain fenfe and the principles of natural juftice; and (the vulgar fort at leaft) implicitly following the directions of fome venerable matron in their neighbourhood, who through long experience had acquired a knowledge of the use and efficacy of a few H

fimple

fimple medicines, in the treatment of their most dangerous ailments and inveterate complaints.

The increase of wealth, and its concomitant luxury, which became more and more visible every day, owing to the improvements in agriculture and the advantages arifing from trade and commerce, in a fhort time, however, gave a new face to affairs. Bufinefs, in the departments of law and phyfic, increased in a like proportion as people of every denomi nation came to think that their dif putes, however trifling, could not be properly fettled unlefs upon legal terms; and that even a fcratch with a pin, or a ruffled fkin, required a methodical treatment fecundum artem by a furgeon. Befides this growing propenfity in the people to encourage thefe two profeffions, queftions came daily to be agitated in our courts of law, arifing from our increafing commercial concerns, &c.

which had never before received the fanction of a judicial decision; and to the list of ordinary troubles and difeafes known and prescribed for by the faculty, luxury made an addition of feveral others, never known or heard of in the days of our frugal and abftemious ancestors, and for which there was not any recipe in the whole materia medica. This increase feemed neceffarily to call for an additional number of practitioners, while the great fortunes made by fome of thofe already in both profeffions held forth every encouragement to parents to train up their children for them.-Hence the profeffion of the law, like many others, foon became overstocked, the middle and lower class of the people flocking to it in great numbers; many of whom not being qualified for it either by a liberal education or natural talents, nor having intereft to introduce them into good bufinefs over thefe difficulties, by their conduct gave but too much reafon indeed,

with respect to themselves, for the clas mours that were raised against the profeffion.

That this continues to be the cafe at this day, will be fufficiently eftablished from a view of the origin, education, and progrefs, of a great many of our modern barristers before the inferior courts of this part of the kingdom.-The expence of education, efpecially to thofe who refide in or near to populous towns or villages where there are established feminaries of learning, being but a trifle, a fober tradesman, who is any thing well employed in his bufinefs, provided he is not incumbered with a numerous family, finds no great inconveniency in keeping his fon at fchool in his younger years when he would be incapable of following any laborious bufinefs:And when he has attained the age of fourteen or fifteen, the credulous parent being fatisfied, from the length of time he has been at fchool, and the gibberish of Latin he hears him now and then pronouncing, that he must be a great scholar (for the father, good foul, generally knows as much of Latin as he does of Hebrew or Arabic), thinks fo much education would be totally loft, and but as a pearl in a fwine's fnout, if the boy was to follow any mechani cal profeffion; and this notion being no doubt also strongly supported by a principle of vanity to fee his fon appear in the character of a gen tleman, it is debated over and over among the family relations (as ignorant perhaps as the father) which of the learned profeffions he should be initiated into; and in a short time the boy is either fent to fome one of the univerfities to complete his ftudies and qualify him for a parfon,ftationed at the defk of a country writer-or feated by the peftle and mortar in a furgeon's fhop.

A further profecution of hard and laborious ftudy being abfolutely necef

fary

fary to qualify him for the firft of these profeffions, joined to the small encouragement in worldly affairs to the candidates in comparison to that offered by either of the other two, it is no wonder indeed that the youth, especially of a gay and sprightly difpofition, who has long ago taken a difguft and hatred to every rule of grammar, and now fees with a wishful eye the profpect of a period to his fufferings under his prefent pedagogue, fhould ufe his utmoft efforts to get free of the drudgery of an univerfity: and as one of these confiderations, and a wifh not to curb the bent of the boy's difpofition, will alfo have their weight with the provident and fond father; it is most likely that he will not make use of his parental authority to force him into a measure so disagree able to his inclination.

Religion being thus laid afide, the queftion only remains to be agitated between law and phyfic; and the youth having gained his utmost wish by getting free of the hated univerfity, is now all obedience to the will of his father. A long conteft perhaps enfues in the mind of the anxious parent, rendered more doubtful and embarraffing by the differing opinions of the connections of the family confulted on the occafion: But the confideration, that the expence of an univerfity education is abfolutely neceffary to complete the doctor, and give a probable affurance of fuccefs in the application of the tournequet and lancet, added perhaps to the weak ftate of his finances,-at laft determines him to declare for the law; which offers at least as many pecuniary advantages as any of the other two, and the knowledge of which he thinks can be attained at little expence, by binding his fon apprentice for three or four years with a country writer.

The youth is accordingly enga.

59

ged, and serves out the period of his apprenticeship: the ftudy of the law, however, as it is but dry and unentertaining to one of his years, and as he has now no pedagogue to enforce an attention to it by a birchen rod, is little or nothing at all minded. In the first year of his apprenticeship he learns the form of writing a fimple bill or receipt; and before the expiry of it, becomes perhaps pretty well acquainted with the ordinary forms and practice of conducting a procefs before the inferior courts. In these and fuch like qualifications he prides himself not a little; and whatever knowing unprejudiced people may think of his progrefs, he himself is fatisfied that he has attained a pretty good knowledge of the principles of the law: in which foolish conceit he is ftrongly encouraged and fupported by the partial father, who now duns all his acquaintances, and every company he happens to be engaged in, with the praifes of his promifing son.

The term of the indenture being expired, the young man, according to the ufual practice, fets out for Edinburgh, in order to give what he calls the finishing ftroke to his know ledge of the law, where he fpends other two or three years in quality of clerk to a lawyer or man of business; and if his father's circumstances will allow (which is not always the cafe), perhaps attends the profeffor of Scotch law for a few months. Here alfo his knowledge is but little advanced, as granting the felf-conceit of his own abilities may now appear to him in a pitiful enough light from what he daily fees and hears in the fupreme court; yet unless he has the good fortune to be fettled in an easy lucrative birth (and for one who is fo there are at least twenty the reverfe), and neceffity tells him that he is not at liberty, even was it his inclination, to enter feriously and at

H 2 tentively

tentively upon the ftudy of the law, as the greatest part of his time must be unavoidably employed in earning a fubfiftence, for which he now perhaps depends folely on his own exertions.

Thus educated, however, he returns to the place of his nativity, and steps upon the theatre of the world in the character of a man of bufinefs. The fond hopes of the father, and foolish expectations of both, now meet with a dreadful disappointment. Inftead of bufinefs increafing every day, and the chamber crowded with clients every court morning, as had been expected, day after day paffes away without any great prospect of the one or the other. All his bufinefs is confined to a few of his father's acquaintances or dependents; who, while the obligations they lie under to him, or the hopes of getting their business carried on by his fon upon eafier terms than by others, draw them to employ him, are even themselves afhamed of the poor figure their man of business makes in the management of affairs.

Having entered upon bufinefs, however, he makes a point of perfifting; and after struggling against the ftream as long as poffible, proftituting the fmall talents he is poffeffed of to the vile purposes of impofition, chicane, and every other species of fraud and meannefs, in order to earn a livelihood, and as far as poffible keep on an equal foot with his better employed brethren, his character at last becomes juftly odious and contemptible; even the small business he had leaves him, and he lingers out a life of mifery and want, equally detefting and detefted by fociety.

At first view it muft naturally ftrike every intelligent perfon, that the picture here given is drawn in the moft unfavourable colours; and it certainly is fo; although daily ex

perience proves that it is but too of ten realized. On the other hand, many inftances could be produced of members of the law fpringing from farmers and tradefmen, who having got a liberal education, do honour to themselves and their profeffion, and by their knowledge and unblemished integrity fhine foremost at the bar. Some particular perfons could alfo be mentioned, who, aided folely by their own good natural talents, have fucceeded at the bar without the benefit of a regular law education; whereby it is believed many parents of fhort-fighted judgment have been induced to make their fons follow the fame illiberal path, not confidering that there are fome geniuses born to overcome all difadvantages, and that from fuch particular inftances no general rules can be formed.

And although there are no doubt many practitioners of the law who are a difgrace to the profeffion, yet it is abfurd, as well as uncharitable and unchriftian, and the certain characteristic of a narrow illiberal mind, from thence to draw conclufions ftigmatizing the whole profeffion by the lump, and involving in the general odium the innocent along with the guilty. The far greater part of the members of the law are gentlemen of probity and honour, incapable of the many low and vile tricks afcribed to them, and which it is believed very few would be found to lay to their charge, did they but previously take a moment's time for reflection, as there is fcarcely an individual to be met with who has had concern in law-affairs, or much communication with fociety, who could not bear teftimony to the worth of fome one member of the profeffion.Alas! however, in judging of men and manners, the generality of mankind are but too often hurried down the current of

paffion