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.