Knickerbocker's History of New York - Cover

Knickerbocker's History of New York

Copyright© 2024 by Washington Irving

Chapter 5

Among the wrecks and fragments of exalted wisdom which have floated down the stream of time from venerable antiquity, and been picked up by those humble but industrious wights who ply along the shores of literature, we find a shrewd ordinance of Charondas the Locrian legislator. Anxious to preserve the judicial code of the state from the additions and amendments of country members and seekers of popularity, he ordained that, whoever proposed a new law should do it with a halter about his neck; whereby, in case his proposition were rejected, they just hung him up—and there the matter ended.

The effect was, that for more than two hundred years there was but one trifling alteration in the judicial code; and legal matters were so clear and simple that the whole race of lawyers starved to death for want of employment. The Locrians, too, being freed from all incitement to litigation, lived very lovingly together, and were so happy a people that they make scarce any figure in history; it being only your litigatous, quarrelsome, rantipole nations who make much noise in the world.

I have been reminded of these historical facts in coming to treat of the internal policy of William the Testy. Well would it have been for him had he in the course of his universal acquirements stumbled upon the precaution of the good Charondas; or had he looked nearer home at the protectorate of Oloffe the Dreamer, when the community was governed without laws. Such legislation, however, was not suited to the busy, meddling mind of William the Testy. On the contrary, he conceived that the true wisdom of legislation consisted in the multiplicity of laws. He accordingly had great punishments for great crimes, and little punishments for little offences. By degrees the whole surface of society was cut up by ditches and fences, and quickset hedges of the law, and even the sequestered paths of private life so beset by petty rules and ordinances, too numerous to be remembered, that one could scarce walk at large without the risk of letting off a spring-gun or falling into a man-trap.

In a little while the blessings of innumerable laws became apparent; a class of men arose to expound and confound them. Petty courts were instituted to take cognizance of petty offences, pettifoggers began to abound, and the community was soon set together by the ears.

Let me not be thought as intending anything derogatory to the profession of the law, or to the distinguished members of that illustrious order. Well am I aware that we have in this ancient city innumerable worthy gentlemen, the knights-errant of modern days, who go about redressing wrongs and defending the defenceless, not for the love of filthy lucre, nor the selfish cravings of renown, but merely for the pleasure of doing good. Sooner would I throw this trusty pen into the flames, and cork up my ink-bottle for ever, than infringe even for a nail’s breadth upon the dignity of these truly benevolent champions of the distressed. On the contrary, I allude merely to those caitiff scouts who, in these latter days of evil, infest the skirts of the profession, as did the recreant Cornish knights of yore the honorable order of chivalry; who, under its auspices, commit flagrant wrongs; who thrive by quibbles, by quirks and chicanery, and like vermin increase the corruption in which they are engendered.

 
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