CHAPTER XXXVIII.
PUPILS IN CHAMBERS.
But the most important part of an industrious law-student's labors in olden time, was the work of watching the practice of Westminster Hall. In the seventeenth century, the constant succession of political trials made the King's Bench Court especially attractive to students who were more eager for gossip than advancement of learning; but it was always held that the student, who was desirous to learn the law rather than to catch exciting news or hear exciting speeches, ought to frequent the Common Pleas, in which court the common law was said to be at home. At the Common Pleas, a student might find a seat vacant in the students' benches so late as ten o'clock; but it was not unusual for every place devoted to the accommodation of students in the Court of King's Bench, to be occupied by six o'clock, A.M. By dawn, and even before the sun had begun to break, students bent on getting good seats at the hearing of an important cause would assemble, and patiently wait in court till the judges made their appearance.
One prominent feature in the advocate's education must always be elocutionary practice. "Talk; if you can, to the point, but anyhow talk," has been the motto of Advocacy from time immemorial. Heneage Finch, who, like every member of his silver-tongued family, was an authority on matters pertaining to eloquence, is said to have advised a young student "to study all the morning and talk all the afternoon." Sergeant Maynard used to express his opinion of the importance of eloquence to a lawyer by calling law the "ars bablativa." Roger North observes—"He whose trade is speaking must not, whatever comes out, fail to speak, for that is a fault in the main much worse than impertinence." And at a recent address to the students of the London University, Lord Brougham urged those of his auditors, who intended to adopt the profession of the bar, to habituate themselves to talk about everything.
In past times law-students were proverbial for their talkativeness; and though the present writer has never seen any records of a Carolinian law-debating society, it is matter of certainty that in the seventeenth century the young students and barristers formed themselves into coteries, or clubs, for the practice of elocution and for legal discussions. The continual debates on 'mootable days,' and the incessant wranglings of the Temple cloisters, encouraged them to pay especial attention to such exercises. In Charles II.'s reign Pool's company, was a coterie of students and young barristers, who used to meet periodically for congenial conversation and debate. "There is seldom a time," says Roger North, speaking of this coterie, "but in every Inn of Court there is a studious, sober company that are select to each other, and keep company at meals and refreshments. Such a company did Mr. Pool find out, whereof Sergeant Wild was one, and every one of them proved eminent, and most of them are now preferred in the law; and Mr. Pool, at the latter end of his life, took such a pride in his company that he affected to furnish his chambers with their pictures." Amongst the benefits to be derived from such a club as that of which Mr. Pool was president, Roger North mentions "Aptness to speak;" adding: "for a man may be possessed of a book-case, and think he has it ad unguem throughout, and when he offers at it shall find himself at a loss, and his words will not be right and proper, or perhaps too many, and his expressions confused: when he has once talked his case over, and, his company have tossed it a little to and fro, then he shall utter it more readily, with fewer words and much more force."
These words make it clear that Mr. Pool's 'company' was a select 'law-debating society.' Far smaller as to number of members, something more festive in its arrangements, but not less bent on furthering the professional progress of its members, it was, some two hundred years since, all that the 'Hardwicke' and other similar associations are at the present.[29]
To such fraternities—of which the Inns of Court had several in the last century—Murray and Thurlow, Law and Erskine had recourse: and besides attending strictly professional clubs, it was usual for the students, of their respective times, to practise elocution at the coffee-houses and public spouting-rooms of the town. Murray used to argue as well as 'drink champagne' with the wits; Thurlow was the irrepressible talker of Nando's; Erskine used to carry his scarlet uniform from Lincoln's Inn Hall, to the smoke-laden atmosphere of Coachmakers' Hall, at which memorable 'discussion forum' Edward Law is known to have spoken in the presence of a closely packed assembly of politicians, idlers upon town, shop-men, and drunkards. Thither also Horne Tooke and Dunning used to adjourn after dining with Taffy Kenyon at the Chancery Lane eating-house, where the three friends were wont to stay their hunger for sevenpence halfpenny each. "Dunning and myself," Horne Tooke said boastfully, when he recalled these economical repasts, "were generous, for we gave the girl who waited on us a penny apiece; but Kenyon, who always knew the value of money, rewarded her with a halfpenny, and sometimes with a promise."
Notwithstanding the recent revival of lectures and the institution of examinations, the actual course of the law-student has changed little since the author of the 'Pleader's Guide,' in 1706, described the career of John Surrebutter, Esq., Special Pleader and Barrister-at-Law. The labors of 'pupils in chambers, are thus noticed by Mr. Surrebutter:—
"And, better to improve your taste,
Are by your parents' fondness plac'd
Amongst the blest, the chosen few
(Blest, if their happiness they knew),
Who for three hundred guineas paid
To some great master of the trade,
Have at his rooms by special favor
His leave to use their best endeavor,
By drawing pleas from nine till four,
To earn him twice three hundred more;
And after dinner may repair
To 'foresaid rooms, and then and there
Have 'foresaid leave from five till ten,
To draw th' aforesaid pleas again."
Continuing to describe his professional career, Mr. Surrebutter mentions certain facts which show that so late as the close of last century professional etiquette did not forbid special pleaders and barristers to curry favor with solicitors and solicitors' clerks by attentions which would now-a-days be deemed reprehensible. He says:—