CH. VI.] THE TRUE AND CONSTANT PLEADER.

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gneur) has assigned him as counsel; and if he acts otherwise, he is convicted of disloyalty." He was also to keep inviolate the confidence placed in him by his client, and in court he was to exert himself to speak in the most effective manner possible.

Another chapter is entitled, "Coment l'on deit plaider1 en la Haute Cour du Royaume de Jerusalem, ou en celle de Chipre," and directions are given to the advocate to plead with wisdom, honesty, and courtesy,

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sagement et leiaument, et corteisement." By honest or loyal pleading is meant "that he should not plead wrongfully against right wittingly, nor plead falsely, nor offer any false proofs, nor wittingly take away the right from him against whom he pleads." Moreover, "it becometh him who is a good and subtle pleader to have naturally good sense, and to have his wits about him; and he must not be hesitating nor bashful (ne esbay), nor hasty, nor careless; and he must take care that while he is pleading, he does not allow either his hearing or his thoughts to have their attention diverted; and he must guard against too much anger or emotion in speaking, which are apt to cause a man to talk nonsense, and take from him his wit and knowledge." But with great naïveté it is added, that in truth the qualifications of a good pleader are innumerable, and the more a man knows the better pleader he will be.3

Whoever had a cause depending in the High Court, might demand of the seigneur, or president, to assign to him as counsel the best pleader of the court, and that

It should be observed that the word plaideer or plaider in these assises is used with reference to a party to a suit, as well as to his counsel. A person who had a cause in court was said plaider. In the Pandects we find the word postulare similarly applied in both senses.

Chap. 22.

* Chap. 26,

whether the party applying" were himself an advocate or not," in order that in the former case he might have the assistance of further counsel, car il n'est nul si sage plaideor qui ne puisse bien et souvent estre averti el plait de ce qui bon li est par un autre plaideor o lui: que deus plaideors sevent plus et veent plus cler et el plait, et faillent meins que un," " because there is no pleader so skilful that he may not often be usefully advised in his pleading by another counsel along with him; since two pleaders know more, and see more clearly the cause, and make fewer mistakes than one." After giving many sage reasons why advocates or pleaders should be employed, the chapter concludes by saying, "And for these reasons, and several others which would be too long to repeat, every one who wishes to plead in the High Court, ought to demand of the seigneur a counsel, before he brings his cause before it." These passages prove that one of the duties of the president was to assign counsel to parties; and we learn also that he was bound to appoint any advocate whom the suitor might name, always excepting such as were specially retained by himself; for there seem to have been some, who having done homage to the sovereign, acted as it were in the capacity of king's counsel, and their services were at his exclusive command.

But in the Haute Cour it was not necessary for a party to choose a pleader; he might appear in person. In the Cour des Bourgeois it was different: he was there obliged to have an advocate. The reason of this distinction seems to have been, that the law was supposed to be known by the nobles, who alone could bring forward their causes in the former, and they were familiar with the French language, in which the proceedings were carried on: whereas the commonalty

CH. VI.] HAUTE COUR AND COUR DES BOURGEOIS.

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were for the most part ignorant both of the law and the language of their court of justice.

2

The above regulations apply to the advocates who practised in the Haute Cour; but the Livre des Assises de la Cour des Bourgeois was not less careful or particular in providing for the duties of the avant-parliers, or pleaders in the lower courts. It enumerates those who were not permitted to discharge the functions of advocates, such as serfs and minors, the deaf and the blind, and also women.1 An exception, however, was made in favour of the latter, if a father was prevented by sickness from attending, in which case the daughter might plead his cause in court, just as we have seen it was permitted by the Roman law. A chapter of the Abrégé du Livre des Assises contains some useful hints and good advice, which may be studied with advantage by the avant-parliers of the present day. Et sachés que ceste gent doivent estre ehleus à gent bien parlans, et de belle loquence, et sachant des assises, et usages et bones coustumes qui se doivent uzer en la dite cour; a ce que par lor bien parler el monstrant les raizons de la bone gent chascun puisse et doye parvenir tost en son droit et en sa raizon. They were told also to remember what St. Augustin said, namely, that, "in order that their discourse may have dignity and beauty, there are three things necessary to them; first, it must please; secondly, it must convince; thirdly, it must persuade. For the first effect, the pleaders must speak gracefully; for the second, plainly; for the third, with great ardour and fervency; and, whenever the court so ordains, they are to take oath that they will preserve the rights and prerogatives of the king, and the honour of

1 Chap. 17, 18, 19.

2

Chap. 12.

the viscount and the court; and that they will, to the best of their knowledge, give good and true advice to all to whom they shall be assigned as counsel, or who shall require their services; and that they will keep secret the secrets of the court and of those for whom they act as counsel," and they were to have a fee (selaire) in proportion to the assistance which they rendered,— selonc les convenances que il font à la gent.

CH. VII.]

NOBLESSE DE LA ROBE.

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CHAPTER VII.

THE NOBLESSE DE LA ROBE.

Auparavant l'estat d'avocat estoit la pepiniere des dignitez, et le chemin de parvenir aux offices de conseillers, advocats du Roy, presidens, et autres.— LOISEL, Dialogue des Advocats.

No where has the profession of the law achieved for itself a prouder position than in France in former times. Beside her mailed chivalry stood an order of men known as the noblesse de la robe, whose only patent of nobility was admission on the roll of advocates, and from whose ranks were taken the magistrates who, as members of the parliament of Paris, represented the feudal court and council of the ancient kings. Two individuals of that order attained each a rare distinction; the one Ives de Kaermartin, who lived in the reign of Philip the Fair, being canonized as a saint': - the other, Gui Foucault, after gaining celebrity as an advocate, was advanced to the triple crown as Pope Clement IV. 2 Illustrious as are the names of many who have adorned the judgment-seat in England, none stand higher than those of l'Hopital, le Tellier, and D'Aguesseau, each of whom held the office of Chancellor of France, and was the ornament of the century in which he lived; and of those who did not rise to such lofty pre-eminence in their profession, many were distinguished for their pro

Loisel, Dialogue des Advocats (1602).

Clemens quartus fuit famosus advocatus in Franciâ. . . . in curiâ regiâ causas integerrime agens."— Platin. in Vitâ.