This section is from the book "The Law Of Contracts", by Theophilus Parsons. Also available from Amazon: The law of contracts.
To William II. Prescott, Esq., The Historian Of Spain, Mexico, And Peru.
I might, perhaps, find some excuse for dedicating this work to you, in the natural desire of connecting my own labors with those which have won for you and for our country so much renown. And even more in the friendship, which began so long ago we cannot remember its beginning; and in the long years, that through childhood, youth, and manhood, have brought us upon the confines of age, if not beyond them, has never for a moment been broken.
But neither of these is my principal motive. That, I must confess to be, a strong and irrepressible desire to speak of your father; to express, however imperfectly, my gratitude to him; and to execute, even in this slight degree, the purpose I have long had, of putting on record my testimony to the excellence of one who stood for many years at the head of his profession, who was my master during my apprenticeship to the law, and ever after my revered instructor and invaluable friend.
It was in 1815 that I entered his office as a student. I had been accustomed all my life to see him often, and hear him often spoken of, for our families were intimate, and he was among my father's most valued friends; and 1 bad always heard him mentioned with a kind and degree of respect that seemed to be paid to him alone. 1 knew that he bad held the highest place in his profession for some years ; but the regard and reverence generally accorded to him were more than any mere professional success could win. When I entered his office, he had already given up a large part of his business. He did not go often into court; but I heard him in some important cases, and was a constant observer of the relations between him and his numerous clients. And it was not long before I learned the grounds of his high social and professional position.
In the first place, let me speak of his judgment and sagacity. I cannot conceive of any person possessing, in greater perfection, that admirable thing we call good sense. I doubt whether, in his long and active life, he ever made any one mistake of importance. Whoever employed him in any business, soon saw that the wisest thing that could be done in his case, and at every step of it, was always the very thing that was done. Hence a confidence without limit was reposed in his opinion; and his advice was accepted and followed by all who received it, as if it made further inquiry or consideration wholly unnecessary.
The next quality I would mention, was a kindred and connected one ; I mean his perfect truthfulness. It seemed as if he could not deceive; and if he had the faculty originally he must have lost it by non-user. It made no difference on which side of a question the party propounding it to him stood ; for his answer was to the question, and not to the man. Whether he dealt with a client, an adverse party, a witness, the jury, or the court, he dealt with them all honestly. He had, what I am sorry to call the rare quality, of loving truth so well, that his view of it was not to be distorted or obstructed, either by any interest or any feeling of his own or of those whom he represented, or by any disturbing influences of circumstances or position.
I speak last of his learning, although this was perhaps more frequently remarked upon than his moral qualities, however deeply they were felt. He had passed many years in laborious and well-directed study; for he was led to this, both by his sense of duty to his clients, and by his sagacity, which told him that here he must find the means of sound judgment and usefulness and success ; and also by the love of his profession and of the law as a science. For many years after he had withdrawn from the profession, both as advocate and chamber-counsel, he still continued his legal studies; and often when 1 have called upon him and stated some difficult question which had occurred in my practice, he would - not for a fee - but in his kindness to me, and his love of the law, enter upon the investigation with the zeal of earlier days, and give me the whole benefit of his vast knowledge and his unerring sagacity.
To these qualities I must add that of universal kindness and unfailing courtesy. And certainly I have given good reasons why he held so long the headship of a profession in which it is not easy to climb to the high places, and very difficult to hold them ; and also, why, outside of his profession and by society at large, he was venerated during his long life as few men among us have ever been. Let me add, that while he manifested, wherever in the conduct of his affairs it was needed, the firmness and fearlessness that he inherited from a father who stood like a tower of strength in command of the American forces at Bunker Hill, he was ever, and remarkably, unassuming, retiring, and modest. It is difficult to believe that he could not measure his own success, or that he did not know his high position; but no one ever heard a word or a tone from him which indicated such knowledge.
He was not eloquent, and never, to my knowledge, attempted to be ; and yet he was a most successful advocate. It was his purpose and endeavor to do for every client, and in every case, all that could be done by learning, sense, industry, and honesty ; this he knew he could do, and did. And more than this he had no desire to do.
Such was William Prescott. When he died in 1814, at the age of 82, I had known him intimately for twenty-nine years, and had known of him many more. And I never yet heard a word spoken, and I never heard of a word spoken, to his disparagement or dispraise, during his long life or since its close, by any person whomsoever; nor even have I heard the "but" or "if" with which many indulge themselves in qualifying and clouding the commendation they cannot but render. He has left behind him no brilliant speeches to be remembered and quoted; no books in which the fruits of his learning and wisdom were gathered and preserved : and they who knew him are passing away, and already his reputation is becoming traditional. And very glad shall I be, if, by this slight memorial, I may, for a single moment, arrest the waves of time, in their advancing flow over the sands in which are written his name, and the names of many others of our best and greatest.
THEOPHILUS PARSONS. Cambridge, October, 1853.
 
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