"The Adventures of Hugh Trevor Volume [5]" by Thomas Holcroft

CHAPTER I
_A cursory glance at law fictions: Legal suppositions endless: The professional jargon of an attorney: An enquiry into the integrity of barristers and the equity of decisions at law: A. and B. or a case stated: A digression from law to philosophy_

In the mean time, my application to the law was incessant; and consequently my intercourse with lawyers daily increased. I endeavoured to load my brain with technical terms and phrases, to understand technical distinctions, and to acquaint myself with the history of law fictions, and the reasons on which they had been founded.

To these subjects my attention had been turned by Mr. Hilary; who, being a Solicitor, was well acquainted with the value of them, to the man who meant to make himself a thorough lawyer.

The consideration of this branch of law staggered my judgment. Trottman and Hilary were intimate. The latter had invited us and other friends to dinner; and, as I found the acuteness of Trottman useful to me in my pursuits, I took this and every occasion to put questions: which he was very ready to answer. As it happened, my enquiry on the subject of law fictions brought on the following dialogue: which was supported by Trottman entirely in his own style.

'According to your account then,' said I, in answer to a previous remark, 'in _Banco Regis_ the King is always _supposed_ to be present.'

'No doubt, what question can there be of that? One invisible kind of being can as easily be supposed as another. And I hope you will not dispute the actual presence of that pleasant gentleman called the devil, in any one of our courts?'

'By no means!'

'As for his majesty, he, God bless him! by the nature of his office is _hic et ubique_: here, there, and every where. He is borne in state before each Corporation Mayor, whether Mr. or My Lord; and reposes peacefully in front of Mr. Speaker, or the Lord High Chancellor: investing them by his sacred presence with all their power.'

'How so?'

'How so! Do you forget the mace upon the table?'

'Authority then has that virtue that, like grace divine into a wafer, it can be transfused into wood.'

'Yes. A lord's white wand, a general's baton; a constable's staff. It is thought necessary, I grant, in some of these cases that the block should be carved and gilded.'

'Well, the position is that, in _Banco Regis_, the King is always present.'

'So says the law.'

'But the law, it appears, tells a lie; and, from all that I have heard, I wish it were the only one that it told.'

'Could the law hear, sir, it would take very grave offence at your language. It only assumes a fiction.'

'John Doe and Richard Roe, who are the pledges of prosecution, are two more of its _supposes_, or lies. I beg pardon. I should have said fictions.'

'Why, yes: considering that John Doe and Richard Roe never made their personal appearance in any court in the kingdom, were never once met, in house, street, or field, in public, or in private, nay had never yet the good luck to be born, they have really done a deal of business.'

'They resemble Legion, entering the swine: they plunge whole herds into the depths of destruction.'

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