THE SUPREME COURT

Among those curious corners of London life which anyone may go to see

but nobody does, one of the most curious, and (for about five minutes)

interesting, is the House of Lords sitting as the Supreme Court of

Appeal. It is one of the ordinary things which go on and on unnoticed

for a lifetime because they have gone on so long, till one day one

begins to think about them and realizes suddenly that they were really

extraordinary all the time--just as one pronounces sometimes with a

startling sense of its absurdity some common English word. But no

sight-seer, no student of our institutions, and particularly no one who

is interested in the ways and customs of individual trades, should fail

to visit the Supreme Appellate Tribunal of this great country.

The funny thing about the House of Lords sitting as a court is that it

actually sits in the House of Lords. Entering the great red chamber--as

anybody may do if he can find the way--one receives the impression

that it is perfectly empty, save for the knot of barristers’ clerks,

solicitors’ clerks, pressmen and casual onlookers who are huddled

round the entrance. Beyond them are miles, and miles, and miles of red

leather benches, silent, mournful, untenanted, dead. But no! A low

monotonous drone reaches you--like the voice of a priest intoning at

the other end of a cathedral. Guided by this sound you discover faint

traces of life on one of the vast red benches. There is an old man

sitting on the bench, a pleasant, bearded old man; he does not look at

all legal, and he is dressed in every-day clothes, huddled up in front

of a sort of small card-table covered with huge tomes. He is speaking

apparently into space--in a kind of squeaky hum, if you can imagine the

sound--fumbling all the time with the large brown tomes.

Look again. Beyond him, a very long way off, is another old man, a

very, very jolly old man, with another beard, another card-table,

and more tomes. He is staring with profundity at the bench opposite.

Following his gaze, you detect with amazement another old man, all

alone on the great red bench. No, not alone. With something of the

sensations of a man who stands by a stagnant pond or looks at a drop

of drinking water through a microscope to discover that it is teeming

with life, you detect yet a fourth old man on the very same bench,

though, of course, a long way away. Both of them are equipped as the

others, though one of them, for some reason which does not appear, has

no beard. You are ready for anything now, so quite quickly you find the

fifth old man, far, far away in the distance, all alone on an island

in the emptiness, so far off that he seems to be cut off from all

communication with the other old men, or anyone else. Yet suddenly his

lips move, and it is seen that he is speaking. He is the presiding old

man, and he begins speaking while the first old man is still droning.

From the faint movement of his head and the far gleam of his eyes you

draw the conclusion that he is speaking to some living creature in your

own neighborhood; and, sure enough, you find that close to you, but

curtained off, there are seven or eight men shut up in a wooden pen

about seven feet square. These must be the prisoners, and that is the

dock, you think. But no, it is the barristers; as the House of Lords

is very holy they are only allowed to huddle on the doorstep. One of

them is standing in front of the pen at a sort of lectern, wearing a

big wig (the special House of Lords wig), and waiting patiently till

the old men have stopped squeaking. Most of the other men in the pen

are asleep, but two of them are crouching intently behind the other

one, and they keep tugging at his gown, or poking him in the back,

and whispering suggestions at him. When they do this he whispers back

with an aspect of calm, “Yes, yes--I follow,” but you know he does not

follow, and you know he is really in a great rage, because he is trying

to hear with the other ear what the old man is saying, and the old man

is so far away and his voice is so gentle, and his sentences are so

long and so full of parentheses, very often in Latin, that it is hard

enough to have to follow him, without being whispered at from the rear.

At last the old man shuts his mouth very firmly in a legal manner, and

it is clear that he has stopped speaking. It is the barrister’s turn.

He starts off with a huge sentence about “the presumption of intent

under the Drains and Mortgages (Consolidation) Act, 1892,” but when

he is right in the middle of it the fourth old man, whom everybody

supposed to be fast asleep, wakes up and asks the barrister an awkward

question about the Amending Act of 1899, just to show that he has got a

grip of the whole thing. The barrister has not the faintest idea what

the answer is, but he begins one immediately, as if it was quite easy,

for that is the game. While he is groping about in the middle of a huge

remark which means nothing at present but may very likely lead him to

the right answer in the end, the third old man, in order to confuse

the barrister, makes an interjection which he pretends is on the same

point, but is really on a totally different point, which the barrister

did not propose to deal with for days and days to come. When I say

“interjection” I mean that he delivers extremely slowly a sentence of

inconceivable duration, a sentence so long that it seems really as if

it would never end. Finally, the presiding old man decides that it is

time it did end, so he interrupts rather testily. Then all the old

men frankly abandon the pretence that the barrister has got anything

to do with it, and they just argue quietly with each other across the

vast red spaces. Meanwhile, the poor men in the pen try to stretch

their legs, and mutter fiercely at each other. Four or five of them

are immensely distinguished K.C.’s, earning thousands and thousands a

year, the very first men in their profession. Yet they tamely submit to

being confined in a tiny space where there is no room for their papers,

or their tomes, let alone their legs, for days and days and sometimes

weeks, with the whole of the House of Lords empty in front of them

except for the five old men who spend the day badgering them at ease

from comfortable sofas.

To argue a case in the House of Lords must be one of the severest

strains to which middle-aged men are ever subjected; it requires

tremendous qualities of concentration and patience and intellectual

quickness (not to speak of the labour of preparing the cases

beforehand). At half-past one, when they have endured this for three

hours, they dash out to lunch; they are lucky if they get anything to

eat before twenty minutes to two, but at two (presumably because the

House of Lords is required for legislative purposes when they have done

with it) they have to dash back to the pen again, where digestion must

be quite impossible, even if you are not required to argue with the old

men. No manual labourer in the world would tolerate such conditions

for a day. Either he would break out of the pen and put up his feet on

the red benches, or, very sensibly, he would insist that the House of

Lords, when sitting as a court, must sit in a place which was suitable

for a court, if it was only a committee-room in the upper purlieus of

the House.

I cannot imagine why the barristers do not say that. It is not as if

there was any impressive pomp or ceremony connected with this archaic

survival; if there were, it might be worth it. But nothing could be

less impressive than these old men mumbling desolately in everyday

clothes and beards at rows and rows of empty red sofas. I am told that

when the Lord Chancellor presides he does wear robes, but the other

Lords still wear mufti. That must be a great sight, but not, I should

think, extravagantly solemn.

But perhaps that is the real secret of the British Constitution--our

capacity to extract solemnity from the incongruous or the merely dull.

I once heard the House of Lords deliver judgment--after days and days

of argument--in a case of the highest constitutional importance,

involving the rights of the Crown, and what remain of the rights of

the subject. All England was waiting with real interest for the issue.

One by one the old men read out their long opinions, opinions of great

profundity and learning and care, opinions of the greatest judges in

the land, universally and rightly respected, opinions that will be

quoted in every history and text-book, in every constitutional case,

for hundreds of years to come. It took nearly a day to read them. While

they were being read, the old men who were not reading, the barristers,

the odd dozen of “the public,” the clerks, everybody--sat or stood in a

sort of coma of stupefied boredom, gazing at nothing. No one stirred.

Only, very far away, the gentle voice of the old man might have been

heard rolling up to the roof, and squeaking about in the corners, and

buzzing about like a sleepy bee under the benches--and always with a

faint note of querulous amazement, as if the old man could not believe

that anyone was listening to what he was saying. And he was right--for

nobody was.

We are a marvellous nation.

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