Epistle II. To Arrian.
by
Mr. Henley.
[_]
On a Pleading of Regulus.
IT is my Way sometimes to look for Marcus Regulus in the Courts,
for I will not say that I want him. Why then do I look for him? He had a Value for Learning;
he knew how to fear and grow Pale; he compos'd, tho' he could not put off the Custom of touching over with a little Oil,
and putting a white Fillet on his Right Eye, when he was for the Plantiff,
and on his Left for the Defendant; of always consulting the Sooth-Sayers about the Event of his Cause,
with a superstitious Mind; and yet, this was occasion'd by his
great Opinion of Eloquence. But one thing was very agreeable, to those who pleaded with him;
his demanding the Liberty of his own Time, and assembling a great Crowd of Auditors.
For what could be more pleasant, than to speak at your Convenience and Will,
and in the Audience of another; as if you was taken unawares in it? But however this be,
Regulus has done well in departing this Life, and had done better,
had it been sooner. For at present he might have liv'd without Harm to the Publick,
under a Prince, that would have made it impracticable for him to be Injurious.
And therefore, it is but just sometimes to remember him, For since his Death,
the Custom has generally obtain'd of allowing and requiring no more than one or two Hours for Pleading,
and sometimes but half an Hour. For the Pleaders are more inclin'd to finish the Cause,
than pursue it; and they on the Bench had rather determine than debate upon it.
Negligence, Supineness, Contempt of Study, and Unconcern
for the Dangers of the Parties at Law, are so prevailing. But we are more just than the very Laws,
which permit so many Hours, Days, and Adjournments beyond the Morrow?
They, alas! were dull and stupid to a Prodigy. We speak more clearly,
apprehend more readily, judge more exactly, who dispatch our Causes in fewer Hours,
than formerly were determin'd in so
many Days. Happy
Regulus! who obtain'd an Advantage from all, by your courtship to the Judges,
which very few give to the honest Discharge of their Office. As for my part,
as often as i am a Judge, which happens more frequently than I am an Advocate,
I freely indulge any Man all the Time he demands. For I think it a rash Attempt to guess how prolix a Cause is,
while yet unheard; especially, since Patience is the first Duty, which a Judge owes to his Office,
and Patience is a great Part of Justice. But some Passages are reckon'd to be superfluous.
Right; yet still it is better for those to be express'd, than such as are needful to be conceal'd.
Besides, you cannot tell they are unnecessary, 'till you have heard them.
But this Subject will be more proper, when we meet; as well as the other Vices of the Town.
For you, like my self, are desirous, from a Publick Spirit, to see those Customs reform;d,
which are hard to be abolish'd. Now let us look back to our own
Families. Is all right in yours?
Mine affords nothing new to entertain you. And as to my self, the Advantages I enjoy are the more grateful,
because they continue, and the Inconveniencies I suffer are lighter, because I am accustom'd to them.
Farewell.
