[1] Market day to a country attorney, is like sowing-time to the

corn-field. It lays the foundation of his professional harvest. From

the conferences of that day spring all his actions at law, and his

chancery suits. Litigation, encouraged by legal advice and good ale,

warms into action, and is no longer restrained by the dictates of sober

prudence.

[2] Every one knows the difficulty of reading Bell’s opinions. He

is said to have three sorts of hand writing: the first he can read

himself, but his clerk cannot. The second his clerk can read, but

he cannot. The third, no human being; no, not even the most learned

decipherer of hieroglyphics, can make out.

[3] I mean no personal disrespect to Mr. Bell, whose superior talents I

freely acknowledge; but such are the opinions of most counsel, and on

such precious morsels of indecision are founded chancery suits without

number.

[4] This is a scene from Lincolns Inn. There is not a draftsman or

solicitor, that will not feel the truth of it; the one with conscious

shame, the other with that bitterness of spirit, arising from the

recollection of repeated disappointments of a similar nature to those

described.

[5] It is this demand of “money on account” that first removes the film

from the eyes of the unhappy client. He then discovers the full horror

of his situation. Expenses have been incurred, and to retreat will

involve him in a certain loss. He therefore determines to proceed, but

with terror in his looks, and despair at his heart.

[6] All chancery writs are sealed, which, being a mere matter of form,

is done in a moment. Certain days, however, are appointed for this

ceremony, and should any pressing business occur at any other time, it

is necessary to pay a fee of two guineas to open the seal, as it is

called.

[7] I recommend no man to attach his adversary for want of appearance

or answer--let a defendant take his own time. The allowed costs of an

attachment are somewhere about eight shillings and two pence, upon

tendering which sum the defendant is entitled to be discharged from his

contempt, although the plaintiff may have incurred an expense of 20_l._

in executing the process, and carrying his opponent to goal. Another

instance of the propriety with which this court is denominated a “court

of equity.”

[8] Should a solicitor be negligent in his business, the clerk in

court will amuse himself for years with handing alternative notes of

“Answer or Attachment” to the adverse clerk in court, without the least

probability of any attention ever being paid to them. In every case

this ridiculous courtesy is productive of much unnecessary delay. The

order for time is equally useless and absurd. A defendant in a country

cause is entitled as of course to two; one for six weeks, and another

for a month. Why could he not be allowed to claim the time he is thus

entitled to without this mummery and expense.

[9] An ingenious draftsman, well versed in all the dilatory knowledge

necessary to protract a suit--the uncle, I believe, of the notorious

Edward Gibbon Wakefield!

[10] James Lowe of Southampton Buildings, Chancery Lane, a well-known

solicitor, very fond of drawing his own pleadings, but which, it is

said, he cannot often get counsel to sign. Koe obliges him occasionally

with his sign manual, but I have understood that this gentleman’s

conscience is too tender on some occasions to give perfect satisfaction.

[11] To whom is the ignorant and blustering Francis Cross unknown;

once captain of Militia, now master in chancery? His qualifications

for the latter office are said to have been discovered by the late

Lord Chancellor in the gallant exertions he displayed in assisting

his Lordship and Lady Eldon out of the kennel, in which a broken down

carriage had left them sprawling. Any scavenger would have done as

much. Gratitude on this occasion really carried his Lordship too far,

but as the only instance on record of any thing like feeling in his

character, it is well worthy of admiration. The military genius of

Captain Cross still displays itself in the repeated vollies of fire,

ending in smoke, with which he attacks all those who have courage

enough to dispute his erroneous opinions.

[12] Samuel Compton Cox,--a worthy man, but one who lets his passions

outstrip his judgment. The slightest observation will often give

offence, and anger renders him deaf to all reason and argument.

[13] Francis Paul Stratford--a gentleman, who frequently amuses himself

with throwing books at the solicitors attending before him.

[14] James Stephen--a great advocate for the abolition of the Slave

Trade--much to be commended for having abolished in his office that

shameful practice of giving to the chief clerk large un-authorized fees

upon every report. Few men would have had courage enough to brave the

odium, to which such a step, unimitated by the other masters, must have

exposed this gentleman.

[15] James Trower--the most trifling of all official babblers.

[16] John Pugh chief clerk to Sir Giffin Wilson, and John Hone the

same to Master Cox. Should a solicitor pay not handsomely these two

worthies, let him expect but little attention. From the former, indeed,

it is hardly possible by any means to secure civility.

[17] Mr. Kensit and Mr. Jones; two men as remarkable for their

abilities and civility as for the amiable contrast they exhibit to the

two masters (Stratford and Cross) of whom they are respectively chief

clerks.

[18] Lord Lyndhurst--the present Lord Chancellor--late Sir John

Singleton Copley Knight--a man of strong intellect and sound judgment,

but totally inexperienced in the practice and principles of a court of

equity.

[19] The Earl of Eldon. The descriptive portrait of his Lordship

is drawn from my own observation--my readers (if I should ever be

fortunate enough to have any) will judge of its correctness.

[20] Sir John Leach, late vice chancellor, now master of the Rolls; the

peculiar object of dislike to Lord Eldon on account of the comparative

dispatch with which he disposed of the causes that were brought before

him.

[21] Henry Brougham, (pronounced “Broom”) whose continual attacks upon

his Lordship, and the court over which he presided, gave mortal offence.

[22] Her Ladyship’s frugality is well known. It would be out of place

here to repeat the stories of the turbot and turkey.

[23] Mr. Hand Clerk of the papers to the late Lord Chancellor, who

could never be prevailed on to receive papers, where he could avoid

it with any sort of decency. Adverting to the immense accumulation of

papers he used to say that the Chancellor could scarcely enter his own

house without being in danger of breaking his shins over a bundle of

briefs at the door.

[24] This being only an interlocutory proceeding, the _supposition may

perhaps be entertained_.

[25] William Agar and his mansion in the country, near St. Pancrass

workhouse, are well known. So inviolable does he maintain his

territorial rights, that a poor wretch caught angling in his fish-pond

the other day, was, as I hear, transported for that heinous offence.

Frowd, of the firm of Frowd and Rose, Carey Street, and Philip Hurd,

of the house of Hurd and Johnson, Temple, are notorious as the chief

providers of this calf-like lion.

[26] George Spence. This gentleman, who lately contrived to get himself

returned member of parliament for a few weeks, had the vain effrontery

to inform the House of Commons that his sole object in getting there,

was to instruct them in legislation on equitable juris-prudence.

[27] Witnesses in Chancery are examined upon written interrogations

prepared and signed by counsel: a most wretched and ineffectual system

of extracting truth. The execution of the commission is entrusted to

friends of the solicitors in the cause, and the witnesses are all

previously well tutored as to what it is expected of them to swear.

The proceedings are always conducted at an inn, where the solicitors,

commissioners and witnesses, drown all their animosities in the

sociability of the table. Every day is provided at the expense of the

litigant parties a dinner, at which the viands and wines are the very

best and most expensive that the house can afford. Liberal potations of

course produce head-aches, for which there is nothing so wholesome as

air and exercise. Business is thus frequently neglected for the sports

of the field. Can any censure be too severe for such iniquity?

[28] The depositions of witnesses are liable to be suppressed on many

trifling grounds, which is another serious grievance arising out of the

mode of taking evidence in the Court of Chancery. I was some time ago

informed that the omission of the letter “s” at the end of the word

“evangelists” in a jurat, actually caused an expense to the plaintiff

of about 80_l._

[29] The death of a party, who has an interest in any cause, often

produces infinite delay. I have known a suit remain inactive for many

years in consequence of there being no person who would take out

administration to the deceased.

[30] The change or death of a solicitor in the cause is also frequently

the means of prolonging a suit. There are many instances in which the

taxation of a suitor’s bill has been pending for several years. Our

friend James Lowe is here introduced on the grand arena of his fame.

He carries taxation to an extremity of meanness and hostility that is

perfectly disgusting!

[31] Solicitors are allowed 4_d._ a folio of ninety words for

abbreviating pleadings, and 3_s._ 4_d._ a brief sheet for copying the

abbreviations. They are also allowed 10_s._ a sheet for drawing and

copying observations, which I will venture to say no counsel ever

reads. The word “brief” is truly the “lucus a non lucendo.”

[32] Sir Samuel Romilly, who, with all his virtues, was as much

attached to fees as any man. Hundreds of briefs did he take when he

must have known that it was impossible for him to attend to them. A man

cannot divide himself, nor be at the same moment in the House of Lords,

and the Court of Chancery.

[33] Sir Anthony Hart, of considerable experience in the principles

and practice of the Court of Chancery; but a prosing and monotonous

advocate. One of his long speeches has frequently set me to sleep, and

I believe I was not singular in my drowsiness. He has recently been

created Vice Chancellor.

[34] Edward Burtenshaw Sugden, a counsel who always reads his briefs,

and does justice to his case. He has written a book on powers, which

he frequently cites as “The Book on Powers.” He has great talent, and

has also the wit to know it. The Sussex election, at which he was so

hastily “perused and settled” by Sir Godfrey Webster must be fresh in

public recollection. His conduct more recently, on proposing himself

for a borough, and offering to be guided in his politics by the wishes

of the electors, deserves severe reprehension; but for this perhaps he

is sufficiently punished by the exposure of his correspondence to that

effect.

[35] William Horne, an angry snarler, of fluent speech, but feeble

argument.

[36] Lancelot Shadwell, who well merits all that is said of him.

[37] John Fonblanque; who has merited more than he has obtained. His

notes to the Treatise on Equity, are written with very considerable

talent.

[38] Mr. Park, who some few years ago published a book of some merit,

but which, it was said, he never wrote. This work, however, and his

affectation of extraordinary piety seem to have been the cause of his

elevation to a dignity, for which he was totally incompetent. His

behaviour in court was occasionally that of an ideot. When on the

circuit, the door of the town-hall must not creak, nor he be kept a

moment from his dinner under any circumstances. His ill-temper exposed

him to continual quarrels with the counsel, and whenever he found

himself in the wrong, he talked of behaving towards one he might have

offended with the patience of a Christian judge.

[39] George Heald, a man of great abilities, and considerable wit, but

so idle that he seldom reads his brief. If the statements of counsel

may be supposed to have any weight on the mind of the judge, what must

be the situation of Heald’s client;--of whom the adverse counsel may

state what he pleases as alledged in the pleadings without the fear of

contradiction; for how can the other know whether it be true or false?

To be sure if Agar were his adversary, he might give a shrewd guess!

[40] Sir Charles Weatherall!--late attorney general;--an office, to

which it should seem he had long aspired. His defence of Watson,

Thistlewood, &c. is well known; and the motive of his conduct in that

affair is said to have been disappointed ambition. On the occasion of

the late change in the ministry, it was asserted that a letter from

the premier, appointing Sir Charles, Master of the Rolls, and from Sir

Charles, tendering his resignation of the office of Attorney General,

crossed each other on the road.

[41] James Lewis Knight;--of whose sound judgment and sterling talents

I am glad to have an opportunity of offering this small tribute of

admiration.

[42] Basil Montagu!--employed only in bankruptcy cases. He is

particularly notorious in stickling for retainers; without which he

pretends to think himself justified to support a petition to-day, and

oppose it to-morrow. He is also an author; or, I should rather say, a

compositor of books, which are sometimes bought, but not much read. I

do not trouble myself about his genealogy.

[43] The bankruptcy system in this country is most horrible. Let any

one visit the commissioners court in Basinghall Street, and witness the

scenes that are there transacted. The commissioners are paid 20_s._ for

each meeting, and in order to make the most of their time, they have

frequently ten different appointments at the same hour. The confusion

may be easily conceived.

[44] It was not until lately that the practice of conveyancing was

converted into an independent branch of the legal profession, and

clogged with all the niceties in which it is at present enveloped. Few

titles can stand the test of the all-searching scrutiny with which

they are now investigated. Conveyancers always furnish a very abundant

supply of litigation to the Court of Chancery.

[45] Richard Preston, brought up in a country attorneys office, and

thence removed to London, where he has for several years practised as a

conveyancer. He is the editor of a work called, Shepherd’s Touchstone,

and the author of several publications on conveyancing. In the early

part of his career he obtained some reputation for talent, but much

of it has passed away. He is vainer of his oratorical powers than a

peacock of its tail, but the bird has this advantage over the man, that

others unite in admiration of its feathers; while Preston is compelled

to be satisfied with his own applause. He once formed a project,

very ingenious no doubt, for cultivating some of the barren moors

in Devonshire, but in attempting to carry it into effect, he was, I

believe, nearly ruined.

[46] The arguments, will, I fear, be found very dull; but should the

reader ever attend the Court of Chancery, he will find the reality

equally stupid. It can hardly be expected of me that I should be able

to make Horne agreeable, or Bell amusing.

[47] Some idle reference to the master is the favourite mode of

disposing of a cause practiced by Sir John Leach--men who know no

better praise him for his dispatch. The suitor finds to his cost that

such expedition is very tedious and very expensive.

[48] The office of the registrars.

[49] Mr. South is chief clerk to Henry Burrows one of the deputy

registrars of the court. To win South’s favor the solicitor must take

copies of all minutes, orders, and decrees. It is not very wise to get

into his black book. To those, who never bespeak an office copy he is

blind and deaf. The following dialogue is said to have taken place

between South and a solicitor. Sol. “I shall be obliged Mr. South by

your letting me have the short order as soon as possible.” South.

“Do you take a copy.” Sol. “No.” South. “Call in a fortnight.” Sol.

“On second thought Mr. South, I shall want a copy.” South. “Oh! call

to-morrow.”

[50] “The stationer” is a cant term made use of in all the Chancery

offices for money you are obliged to give beyond the regular fees for

expediting any business.

[51] Mr. Abbot, chief clerk in the office, where reports are

filed--from whom the solicitor will in vain attempt to get an office

copy of a report, unless “the stationer” has been thought of.

[52] The accountant general’s office; where a parcel of addle-headed

clerks give the solicitors an infinity of trouble by picking holes

in orders and reports for the purpose of shewing their consequence,

and inducing the profession to bribe them into silence, which is

accordingly often done with effect. It is better to humour the viper,

than tread upon his tail.

[53] The office of the six clerks, and of the sixty clerks in court

where all pleadings are filed. The principal duty of the clerks in

court is to copy the pleadings (for which he is allowed 10_d._ a folio)

and to assist the masters in taxing costs at the rate of 6_s._ 8_d._

for every hour or for every twenty folios in the length of the bill.

They are all a set of drones, but our friend John Baines really out

Hectors Hector.

[54] Taxation is entirely regulated by custom, and the principle upon

which it is conducted often produces the greatest injustice as well

to the solicitor as to the client. To get a party into contempt for

disobedience to an order of the court a writ of execution must be

taken out and served upon him, and various other expensive proceedings

resorted to; and yet should he obey the order before the whole process

is actually completed, not one sixpence will be allowed against him in

costs. There are other instances equally gross. I have often argued

against such injustice, but have been always answered “this is our

rule, we cannot do otherwise.” Is it not high time that a remedy should

be provided. There are some, who in taxing discretionary charges as

between a solicitor and his client, invariably take off one half of

each item. How must a conscientious solicitor suffer from this mode of

exercising direction! The resource of a less delicate mind is obvious.

[55] Infants and lunatics are the peculiar objects of the court’s

protection as well in person as estate--but it is like an ogre feasting

on the traveller to whom he had offered an asylum.

[56] The court is frequently obliged to interfere in partnership

brawls, and wind up the joint trade. The Opera House has been in

Chancery for years, and Covent Garden has now the same felicity.

[57] Why is not the court as vigilant in abstaining from waste, as it

is in preventing others from committing it?

[58] Tithe-questions present a fruitful source of equitable

jurisdiction. It is the fashion of churchmen to boast of their title by

“right divine.” If the right be celestial, the remedy is satanic!

[59] Marriage settlements produce infinite litigation, but much as

husband and wife may be dissatisfied with each other, they generally

end in abusing their equitable mediator--reminding one of the old adage:

He, who between man and wife interposes

Will get black eyes, and bloody noses.

[60] Referring to the Mortmain Acts. Wills supply the court with more

than two thirds of its victims.

[61] Alluding to the present over-abundance of business which it would

take years to clear away, without the introduction of any new suits.

Even brutes refrain from swallowing what they are unable to digest.

The Court of Chancery: a satirical poem. · 第 3 / 3 段