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THE

Preliminary Examination Journal

AND

STUDENT'S LITERARY MAGAZINE.

CHAPTER I.

SPECIAL EXAMINATION NOTICES FOR 1874.

Preliminary Examination for Solicitors.

PURSUANT to the Judges' orders, the next Preliminary Examination in General Knowledge will take place on Wednesday the 13th, and Thursday the 14th of May, 1874. In addition to the ordinary subjects (including an elementary knowledge of Latin), the Special Examiners have selected the following books in which candidates will be examined :

In LATIN: Cicero, pro L. Murenâ; or, Virgil, Æneid, Book VIII. In GREEK: Homer, Iliad, Book XII. In MODERN GREEK: BEVTOTñs 'IoTopía Tūs 'Aμepikйs Bißiov . In FRENCH: Erckmann-Chatrian, Waterloo, pages 1 to 250; or, Voltaire, Tancrède. In GERMAN: Fouqué, Die beiden Hauptleute; or, Schiller, Wilhelm Tell. In SPANISH: Cervantes, Don Quixote, cap. xv. to xxx. both inclusive; or, Moratin, El Sí de las Niñas. In ITALIAN: Manzoni's I Promessi Sposi, cap. I. to VIII. both inclusive; or, Tasso's Gerusalemme, 4, 5 and 6 cantos; and Volpe's Eton Italian Grammar.

Each candidate will be examined in one language only, according to his selection. Candidates will have the choice of either of the abovementioned works.

Intermediate Examination, under 23 & 24 Vict. c. 127, s. 9.

The works selected for the year 1874 are-CHITTY on Contracts, chapters 1, 2 and 3, with the exception, in chapter 3, of section 1, relating to Contracts respecting Real Property; 8th or 9th edition. WILLIAMS on the Principles of the Law of Real Property; 8th, 9th or 10th edition. HAYNES' Outlines of Equity; 3rd edition. Candidates will also be examined in Mercantile Bookkeeping generally.

Final Examination for Solicitors.

Candidates will be examined in-Common and Statute Law and Practice of the Courts; Conveyancing; Equity and Practice of the Courts. These are optional:- Bankruptcy and Practice of the Courts; Criminal Law; and Proceedings before Magistrates.

Preliminary Examination for the Bar.

The Preliminary Examinations for the Bar are held every Saturday during each legal term, and once in the week next preceding each legal term. The subjects of Examination are-(a) The English language; (b) The Latin language; and (c) English history.

For further particulars as to all the above Examinations, Forms of Notices, &c., see No. XI. of this Magazine.

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CHAPTER II.

QUOTATIONS BY AUTHORS AND ADVOCATES.

It is naturally assumed that the writer who quotes copiously has read much, though we can scarcely expect to find much originality in his productions. This is not necessarily the case, yet the idea strikes one very forcibly that the natural consequence of much quotation is the extinction of originality. It may be observed that, as a rule, Englishmen do not quote, and they in turn are seldom quoted. We believe that Englishmen quote even less than they did a few years ago, when it was almost impossible to take up the "Times," containing the report of a debate, without observing that most of the speeches teemed with quotations from the works of Cicero, Virgil, Shakespeare, Milton, Pope, Dryden, and other writers and poets. But it is now seldom that we observe quotations in the columns of the "Times" and the "Saturday Review," in which are to be found articles which are remarkable, not only for their originality, but for their strength, perspicuity, and in some instances unique elegance. It seems, therefore, that there is a strong tendency to eschew quotations, though every scholar must admit that the "wisdom of the wise and the experience of ages may be preserved by quotations."

It is no less remarkable than true that one who possesses extraordinary facility in striking off elaborate articles seldom quotes, and this may be attributed to the fact, that to quote a deal of thought and time are essential. But singularly enough, it frequently happens that few article writers can quote, for where there is great volubility of language, there is a desire to neglect authorities, in just the same way as a great orator is seldom a great lawyer. Bear in mind Erskine, Brougham, and Denman. There is an exception, however, in the case of Lord Lyndhurst, who was both an able lawyer and a brilliant orator. Though the speeches of the men we have mentioned will ever attest their noble and powerful intellects, their great acumen, and of course their marvellous oratorical powers, few would feel inclined to rank them among the greatest lawyers that this country has produced. This tends, in some way, to prove that where a man possesses remarkable abilities as a speaker or a writer he is apt to disregard precedents; and it is well known that the writings of men who never quote, and the decisions of judges who do not cite authorities in support of their opinions, seldom endure. It is said that Epicurus "borrowed from no writer in his three hundred inspired volumes, while Plutarch, Seneca, and the elder Pliny, made free use of their libraries; and it has happened that Epicurus, with his unsubstantial nothingness, has melted into thin air,' while the solid treasures have buoyed themselves up amidst the wreeks of nations." Now "Cicero, even in his philosophical works, is as little sparing of quotations as Plutarch. Old Montaigne is so stuffed with them that he owns, if they were taken out of him, little of himself would remain; and yet this never injured that original turn which the old Gascon has given to his thoughts." It is also said that "Addison hardly ever composed a Spectator which was not founded on some quotation, noted in those three folio manuscript volumes which he previously collected; and Addison lasts, while Steele,-who always wrote from first impressions and to the times, with perhaps no inferior genius--has passed away; inso

much that Dr. Beattie once considered that he was obliging the world by collecting Addison's papers, and carefully omitting Steele's."

It appears to us that unless a man has been a laborious antiquarian he would require much time to search for authorities in support of his opinions. Still men are often amply rewarded for seeking greater authorities than themselves; for, says a writer, "It is a wretched taste to be gratified with mediocrity when the excellent lies before us." A man may form various correct opinions and afterwards endeavour to support them with those of men of acknowledged ability. It is contended by some that few persons would quote if they could think; but such, however, is not always the case, inasmuch as they might prefer to convey their ideas in the language of those who are already admitted to be pre-eminent; or they might quote to screen themselves from the odium of doubtful opinions which the world would not willingly accept from themselves. Nor does it follow that because a man quotes in support of an argument that he has himself derived his ideas from the works from which he quotes, and even if he has done so he must not therefore be considered a writer of "a mean genius," for we see that even those who abused the privilege of quotation have withstood the "wrecks of nations." Now, it frequently happens, that a man seeks authorities, as we have said, to support his ideas where they were entirely spontaneous. Are we not often delighted that we have formed a certain view of a case and then discovered that those whose opinions are recognized have formed a similar view? How often do we hear members of the bar and solicitors say, "You see the judge in his charge to the jury adopted the same line of argument as I did;" yet the opinion of the latter, by means of his position-and it ought to be so-is quoted in preference to that of the barrister or of the solicitor, though the latter first conceived the idea.

Few persons imagine what extreme skill and delicacy are required to make an appropriate quotation, for one may extract a passage which when read in conjunction with the context bears an entirely different meaning; but, on the other hand, an appropriate quotation is "considered as one of the ornaments of oratory." Now, in quoting, a writer should exercise great discretion in accepting a second or third-hand quotation, for authors who are not very scrupulous are apt, "from purposed deception," to falsify their quotations, though mistakes sometimes occur from "innocent blundering." As an instance of the kind, we may mention that "Bayle, when writing on 'Comets,' discovered this; for, having collected many things applicable to his work as they stood quoted in some modern writers, when he came to compare them with the originals, he was surprised to find that they were nothing for his purpose! the originals conveyed quite a contrary sense to that of the pretended quoters." As a rule we cannot expect every writer to dive into the archives of the British Museum or the "Bodleian" at Oxford, as if he were a professed antiquarian. The difficulties which have befallen even writers of note ought to be a warning to others, who are striving for "fame and fortune," to guard against accepting second or third, or even thirtieth-hand quotations.

We must not lose sight of the fact, that for want of judgment and even originality some writers are apt to quote not only inappropriately, but too copiously. Nothing, in our opinion, shows the pedant more than this transgression; for it would appear that, having made a collection of quota

tion, the writer applies them whether they are suitable or not. Selden warns the writer against the too frequent use of quotations in just the same way as Whately deprecates the too frequent use of parentheses, and yet they both violate their own precepts. Le Clerc seems to think that, prond of his immense reading, the former has fallen "into his own trap." "In quoting of books," says Selden, "quote such authors as are usually read; others read for your own satisfaction, but not name them." “Now it happens that no writer names more authors, except Prynne, than the learned Selden. La Mothe le Vayer's curious works consist of fifteen volumes; he is among the greatest quoters. Whoever turns them over will perceive that he is an original thinker and a great wit; his style indeed is meagre, which, as much as his quotations, may have proved fatal to him."

We will now consider quotations in reference to the advocate. It may be gathered from these remarks that an appropriate quotation, whether it be prose or verse, tends in no little degree to enliven and enrich a passage, but, as we have seen, quotation has its abuses. Quotations ought, as a rule, to be judiciously and sparingly employed by an advocate. Few of our ablest advocates quoted, and nothing is a surer sign of want of originality or argumentative power than to quote too copiously. Sometimes, however, an advocate may be desirous of showing the probability or improbability of a theory by means of a quotation, with the view of making a strong contrast; but it will be found that the learned judges invariably advise juries either to ignore them altogether or to receive them with the utmost caution. It evinces a want of common sense - the most sublime qualification which has been granted to mankind-to endeavour to controvert facts by means of a quotation, especially when every one is aware that very often when a quotation is read in conjunction with the context it is capable of a diametrically opposite construction. Where in a case it is alleged that a man has committed a most extraordinary offence, the fact that some ingenious novelist has drawn a picture of a somewhat similar case, and has shown that the "hero" was insane, would not be of any assistance to the advo cate to show the insanity of the accused: first, because it is well known that there are many tales which are highly improbable; and, secondly, even assuming that some are probable, there are exceptions to every rule. Undoubtedly where the evidence is very weak, that is, where the facts or eir cumstances on one side are apparently overwhelming, a quotation applied by a skilful advocate might tend to scatter doubt among the facts; but surely the innocence or guilt of a man ought not to be dependent upoa abstract logic, and after all there is nothing so telling, nothing so satisfac tory, as sound, clear and precise reasoning. Why do we admire the speeches of Erskine and Brougham? Because, in all their arguments, they relied on their own argumentative powers, and no doubt felt that while quotations frequently clog the wheels of justice, they may be made the flowers which adorn elegant writings. The advocate who quotes can scarcely expect that his speeches will be held up as examples of originality, or of the most chaste oratory. It appears to us that the most skilful advocate is he who employs his own original abilities in dealing with the facts as they are presented to him. We are told that the "ancient lawyers used to quote st the bar till they stagnated their own cause. 'Retournons à nos moutons was the cry of the client." Some advocates quote for the purpose of se curing for themselves the reputation of being great scholars. But what of

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