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Westminster Hall Post by :greativity Category :Essays Author :Oliver Goldsmith Date :October 2011 Read :2264

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Westminster Hall

I had some intentions lately of going to visit Bedlam, the place where those who go mad are confined. I went to wait upon the man in black to be my conductor; but I found him preparing to go to Westminster Hall, where the English hold their courts of justice. It gave me some surprise to find my friend engaged in a law-suit, but more so, when he informed me that it had been depending for several years. "How is it possible," cried I, "for a man who knows the world to go to law? I am well acquainted with the courts of justice in China; they resemble rat-traps every one of them; nothing more easy than to get in, but to get out again is attended with some difficulty, and more cunning than rats are generally found to possess!"

"Faith," replied my friend, "I should not have gone to law, but that I was assured of success before I began; things were presented to me in so alluring a light, that I thought by barely declaring myself a candidate for the prize, I had nothing more to do than to enjoy the fruits of the victory. Thus have I been upon the eve of an imaginary triumph every term these ten years; have travelled forward with victory ever in my view, but ever out of reach; however, at present I fancy we have hampered our antagonist in such a manner, that without some unforeseen demur, we shall this day lay him fairly on his back."

"If things be so situated," said I, "I do not care if I attend you to the courts, and partake in the pleasure of your success. But prithee," continued I, as we set forward, "what reasons have you to think an affair at last concluded, which has given so many former disappointments?"--"My lawyer tells me," returned he, "that I have Salkeld and Ventris strong in my favour, and that there are no less than fifteen cases in point."--"I understand," said I, "those are two of your judges who have already declared their opinions."--"Pardon me," replied my friend, "Salkeld and Ventris are lawyers who some hundred years ago gave their opinions on cases similar to mine; these opinions which make for me my lawyer is to cite, and those opinions which look another way are cited by the lawyer employed by my antagonist; as I observed, I have Salkeld and Ventris for me, he has Coke and Hale for him, and he that has most opinions is most likely to carry his cause."--"But where is the necessity," cried I, "of prolonging a suit by citing the opinions and reports of others, since the same good sense which determined lawyers in former ages may serve to guide your judges at this day? They at that time gave their opinions only from the light of reason; your judges have the same light at present to direct them, let me even add a greater, as in former ages there were many prejudices from which the present is happily free. If arguing from authorities be exploded from every other branch of learning, why should it be particularly adhered to in this? I plainly foresee how such a method of investigation must embarrass every suit, and even perplex the student; ceremonies will be multiplied, formalities must increase, and more time will thus be spent in learning the arts of litigation than in the discovery of right."

"I see," cries my friend, "that you are for a speedy administration of justice; but all the world will grant that the more time that is taken up in considering any subject the better it will be understood. Besides, it is the boast of an Englishman, that his property is secure, and all the world will grant that a deliberate administration of justice is the best way to secure his property. Why have we so many lawyers, but to secure our property? why so many formalities, but to secure our property? Not less than one hundred thousand families live in opulence, elegance, and ease, merely by securing our property."

"To embarrass justice," returned I, "by a multiplicity of laws, or to hazard it by a confidence in our judges, are, I grant, the opposite rocks on which legislative wisdom has ever split; in one case the client resembles that emperor, who is said to have been suffocated by the bed-clothes, which were only designed to keep him warm: in the other, to that town which let the enemy take possession of its walls, in order to show the world how little they depended upon aught but courage for safety:----But, bless me, what numbers do I see here--all in black--how is it possible that half this multitude find employment?"--"Nothing so easily conceived," returned my companion, "they live by watching each other. For instance, the catchpole watches the man in debt; the attorney watches the catchpole; the counsellor watches the attorney; the solicitor the counsellor; and all find sufficient employment." "I conceive you," interrupted I, "they watch each other; but it is the client that pays them all for watching: it puts me in mind of a Chinese fable, which is intituled, 'Five animals at a meal.'

"A grasshopper, filled with dew, was merrily singing under a shade; a whangam, that eats grasshoppers, had marked it for its prey, and was just stretching forth to devour it; a serpent, that had for a long time fed only on whangams, was coiled up to fasten on the whangam; a yellow bird was just upon the wing to dart upon the serpent; a hawk had just stooped from above to seize the yellow bird; all were intent on their prey, and unmindful of their danger: so the whangam eat the grasshopper, the serpent eat the whangam, the yellow bird the serpent, and the hawk the yellow bird; when sousing from on high, a vulture gobbled up the hawk, grasshopper, whangam, and all in a moment."

I had scarcely finished my fable, when the lawyer came to inform my friend that his cause was put off till another term, that money was wanted to retain, and that all the world was of opinion that the very next hearing would bring him off victorious. "If so, then," cries my friend, "I believe it will be my wisest way to continue the cause for another term, and, in the mean time, my friend here and I will go and see Bedlam."

(The end)
Oliver Goldsmith's essay: Westminster Hall

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