Shortly after the original appearance of this work, its author, then

seeking practice as a conveyancer under the bar, received a Case for his

opinion, in consequence of a solicitor’s having cancelled the work. Mr

Sugden’s opinion differed from that which, though given by an eminent

counsel, had dissatisfied his client, and proved to be correct. In a

short time he found himself in large and rapidly increasing business.

Two years after the appearance of his book, namely in 1807, he was

called to the bar; and the first trace of him in the reports is to be

found in the 14th volume of Vesey Junior’s _Reports of Cases in

Chancery_, p. 302, on the 18th March in that year, in the case of

_Browne_ v. _Like_, which was, in fact, the first case he ever argued,

and before that very eminent judge, Sir William Grant, then Master of

the Rolls. Mr Sugden’s senior on that occasion was Sir Samuel Romilly,

who left him to open the case. He has since said, that when he first

rose, at the corner of the back bench in that dusky little court, his

knees shook under him; but if this were so, he disguised his

nervousness, and spoke, as we have heard, with apparent calmness and

self-possession,—so effectually arguing the first of the two points in

dispute, and the main one, that, on his proceeding to the second, to his

surprise, Mr Richards, subsequently Chief Baron of the Exchequer, who

led for the defendant, turned round and told him that they should

abandon that point; thereby so encouraging the young counsel, that, in a

more lively and confident frame of mind, he proceeded to his second

point. His opponents were unable to answer his lucid argument; and after

a few words in reply from Sir Samuel Romilly, the court decided in

favour of the plaintiff, and thus enjoyed Mr Sugden his _prædulce decus

primo certamine_! This his first case was a small affair in point of the

property involved, but has its special interest, as far as he is

concerned—not only as occasioning his maiden effort, but because it

affected a branch of the law which, not long afterwards, fell under his

vigorous assault, as most vexatious and oppressive—the enrolling of

Annuities. The facts were shortly these: An uncle had bequeathed to his

niece, for her sole and separate use, a life interest in the dividends

on a small sum in the Funds, vested in trustees for that purpose. Soon

afterwards she married, and, with her husband’s concurrence, _bonâ fide_

sold to Mr Sugden’s client, for £140, twenty pounds a-year of the

aforesaid dividends; but no memorial of the deed of sale was enrolled

according to the Act then in force, and since repealed. The two

questions were, whether the lady had power to sell these dividends? and

whether the transaction _was_ a “sale, out and out,” or the grant of an

annuity? in the former case requiring no enrolment. The first point was

given up,[11] and the second decided against the defendant. Mr Sugden’s

second case in court, as far as we have been able to trace him, was the

well-known one of _Sloane_ v. _Cadogan_, in the Rolls Court in the year

1808. His own outline of his elaborate argument is to be found in the

appendix to the “Vendors and Purchasers.” Those clients of Mr Sugden who

are still living, tell of the peace of mind which ensued their securing

his services as their conveyancer; so prompt, correct, decisive, was he

as an adviser, and, as a draftsman, neat, concise, and elegant. In his

case, confidence was _not_ a plant of slow growth. His practice grew

apace in chambers, and he began more and more frequently to appear, not

only in courts of equity, but in those of common law, to argue questions

connected with conveyancing, and the law of real property: quickly

conciliating the respect of opponents, and of the bench, by his exact

and extensive knowledge, and masterly use of it. Great as was the

pressure of his chamber practice, and constantly increasing as were his

appearances in court, Mr Sugden yet found time to prepare two new

editions of his “Vendors and Purchasers,” as we have seen, in the years

1806 and 1808, that of the latter year in a far more systematic form

than any of the former had exhibited, being, as he now tells us, “the

first divided into sections, with the _placita_ numbered.” And as if

even all this were not sufficient, the selfsame year 1808 saw another

important work of his, of a much higher order than his former one, as of

a more abstruse and scientific character—his Treatise on POWERS. This

elaborate and systematic work, which we regard as eminently

characteristic of its author’s legal genius, at once elevated him—now in

his twenty-seventh year—to a conspicuous position in the foremost rank

of living lawyers. It has ever since continued a text-book of the

highest repute—we might almost say, though in its authors lifetime, of

authority—and has passed through seven large editions, every one

prepared by the indefatigable author, who, in his preface to the first

edition, modestly pleaded, “as an excuse for any inaccuracies in it, the

necessity of devoting his time to other labours, from which moments were

snatched for this performance.” He is here speaking of his labours as a

conveyancer in full practice, whose toils are severe and unremitting;

requiring a close exclusive attention, if he would not run the risk of

making shipwreck of his reputation by perilling, or actually

sacrificing, the important interests confided to his skilled experience.

To such a master of his art as Mr Sugden, these toils would be lightened

as far as their troublesome nature admitted. The _Practical Treatise on_

POWERS, we regard as one of the most remarkable performances on record

in the literature of the law, especially as that of a conveyancer

comparatively so youthful. The attempt to give a mere general reader a

fair notion of what the lawyer means by “powers,” would be about as

hopeful as to explain to a young lady the doctrine of differential

calculus. To form an idea of this kind of “Power,” he must be apprised

of the nature of “Use,” of a “Trust,” of the old common law, and after a

great statute. Blackstone, that exquisitely elegant expositor of

everything susceptible of exposition, declared it “impracticable,” in

the plan of his _Commentaries_, “to pursue the doctrine of Uses through

all the refinements and niceties which the ingenuity of times abounding

in subtle distinctions, deduced from this child of the imagination;” “a

notion transplanted,” he elsewhere tells us, “into England from the

civil law about the close of the reign of Edward III., by means of the

foreign ecclesiastics, who introduced it to evade the statutes of

mortmain.” Would our non-legal readers set out with us, if we were so

disposed, to follow this _ignis fatuus_? Doubtless they would be as

unwilling to follow as we to lead. Suffice it to say, therefore, that

the introduction of Uses and Trusts produced a great revolution in the

transfer and modification of landed property, forming “a law whereupon,”

says Lord Bacon, in his _Reading on the Statute of Uses_, “the

inheritances of this realm are tossed at this day, like a ship upon the

sea, in such sort that it is hard to say which bark will sink, and which

will get to the haven.” It has, however, constituted the main-spring of

the delicate and complex machinery of the conveyancer—to whose craft,

directly or indirectly, fortunate reader! you are indebted at this

moment for the safe enjoyment of your estates, however small, however

large. Yet it would be interesting to an historical and reflecting

reader, to contemplate the great wrestling-match between the Legislature

and the astute Chancery lawyers of the day—how each in his turn defeated

the other, and how it ultimately contributes to the present division

between our systems of law and equity. “Uses” and “Powers” are the means

by which our existing method of “settling” real estates is effected and

maintained, enabling, as they do, the possessor to chalk out the future

enjoyment of it in as many contingencies, and for as long a period, as

the policy of the law admits; and no little of the intricacy of the

existing system is due to the exacting ambition or far-seeing

beneficence of owners of property. Now, “Sugden on Powers” forms a _sine

quâ non_ of the practical conveyancer; and if the student, after

acquiring a knowledge of the doctrine of Uses, of which that of Powers,

says St Leonards, is only a branch that has greatly surpassed in growth

its parent stock, he will find that three-fourths of his difficulties

have vanished. We heard some years ago, and now know it as a fact, that

the late Sir Robert Peel once laughingly told Sir Edward Sugden, at

dinner, that he had, from what he had heard of the difficulty of this

book, regarded it as a sort of legal Euclid; and having ascertained, he

said, that the third section of the first chapter was the _Pons

Asinorum_ of lawyers, he had resolved to master it! So having sat down

for that purpose, he succeeded, as he averred, and had found out all

about _borrescimus referentes_!—“_Scintilla juris._” The aforesaid

section has the inviting heading—“_Of Scintilla Juris_,” a matter which

has exercised, harassed, and well-nigh split the heads of a whole army

of judges—of Lord Bacon even, who seems to speak of it, Sir Edward tells

us, in a contemptuous tone. Sir Edward himself characterises it as a

fiction, invented by perverse astuteness to escape a difficulty which

itself only had created. When a man had indicated the future enjoyment

of his property, in certain specified contingencies, the antique

conveyancer, putting on a pair of huge magnifying-glasses, fancied he

detected in that man, who himself imagined that he had exhausted himself

of all connection with the property, a lambent spark of interest—a mere

metaphysical entity—a momentary seisin, adequate to “feed the use.”

“Over this invention,” says a masterly living writer on conveyancing

(Mr Hayes), “the old judges cast the veil of Latinity, and prudently

withdrew it, under the learned appellation of ‘_Scintilla juris_,’

from profane examination! Westminster Hall resounded with the debate.

The speeches of the eleven judges, who delivered their opinions

_seriatim_, occupied six days! The Lord Chief-Justice Popham declared

that _not_ to cherish the _scintilla juris_ would be to cast the whole

commonwealth into a sea of troubles, and endanger it with utter

confusion and drowning.” “The commonwealth,” adds the sarcastic

writer, himself a first-rate conveyancer, “had little to fear, but

common sense was in imminent danger of perishing between the

conflicting elements of fire and water.”

The “Scintilla” has learned advocates and opponents to this hour; among

the latter being Lord Bacon, Lord St Leonards, Mr Fearne, Mr Butler, Mr

Preston, and Mr Hayes—a sort of legal galaxy. Still, however, to change

the figure, the indurated stump of this doctrine retains a sort of

tenacious vitality in the prolific subsoil of legal ingenuity. While

thus dismissing a matter, savouring, as the unlearned and irreverent

reader might presumptuously imagine, somewhat of the mighty dispute

between _Tweedledum_ v. _Tweedledee_—let us intimate that the “Treatise

on Powers” is divided into nineteen elaborate chapters, each distributed

into sections, so disposed, and so treating an extensive and complicated

subject, as to be almost equally adapted for elementary and practical

purposes. It is a masterly combination of legal subtlety with the

strongest common-sense, applied with the utmost exactness to practical

exigencies—not, as he himself intimated, perversely suggesting doubts,

but supplying solutions for real difficulties. Of these solutions it

were easy to cite many instances of judicial adoption, such as will

readily occur to any well-informed professional reader.

“The author regrets,” he says, in the preface to the sixth edition

(1836), “that he has upon so many points differed from persons for

whom he entertains unfeigned respect, but he has rather considered the

principle of the rule than the weight due to the authority by whom it

was pronounced; and his own erroneous impressions may readily be

corrected; for it is but in few instances that he has given an opinion

without stating the reasons upon which it is grounded.”

And in another part of the same preface to this, his favourite

performance, occurs the following interesting passage:—

“We have many admirable treatises; but, for the most part, our legal

authors want either experience or time, and it ever must be so; for if

a man do not write on law while he is young, he probably never will;

and if at an advanced period he revise his early productions, with the

advantage of reputation and increased experience, _time_, without

which nothing important can be accomplished upon legal subjects, is no

longer at his command. And, besides, a counsel in actual practice can

seldom write freely upon decisions in which he has been engaged. If he

find fault with a decision against him, it may be imputed to partial

or perverted views; and if he disapprove of any in which he has been

successful, the criticism from such a quarter might afford the

groundwork of an appeal.”

The third edition (1821) was dedicated, by permission, to Lord

Chancellor Eldon, than whom no one entertained a greater respect for the

learning of the author,[12] who thus justly and eloquently eulogised

that great judge:—

“I felt the presumption of addressing such a request”—to be allowed to

dedicate to him the work—“to a judge who has so often excited the

admiration of the Bar, by a display, without effort, of an extent of

knowledge in every branch of jurisprudence, which the life of man

appears to be insufficient to acquire. If these considerations

deterred me from making the application, I was encouraged to it by

that judicial mildness and gravity—that urbanity and attention to the

youngest counsel in the Court—the true mark of a great mind—which

operate so powerfully to make your Lordship beloved by the Bar, and

soften the splendour which profound knowledge, high character, and

dignity shed around you.”

In the year following that which saw the third edition of the “Vendors

and Purchasers,” and the first of the “Treatise on Powers”—namely, in

the year 1809—Mr Sugden found time to write a valuable little work for

the guidance of lay gentlemen in the management of their estates,

entitled “A Series of Letters to a Man of Property, on Sales, Purchases,

Mortgages, Leases, Settlements, and Devises of Estates;” in a thin

octavo volume, consisting of twelve letters, all of a practical

character, perfectly intelligible to a non-professional man, and

admirably calculated to enlighten him as to the nature of these

all-important transactions. This work, which passed through six large

editions, has been long out of print; and but for the wise saw

concerning “the last straw which breaks the camel’s back,” we might

venture to intimate that Lord St Leonards would confer a very great

favour on the lay public by reproducing these letters, adapted to the

existing and greatly-altered state of our laws. We regard a work of this

description, undertaken as it was by a lawyer of first-rate attainments

and practice, as a very unassuming and disinterested service rendered to

those who stand not a little in need of it. Three years

afterwards—namely, in the year 1811—Mr Sugden gave to the profession an

edition of the posthumous work of Chief Baron Gilbert on “Uses and

Trusts”—which derived all its real value from the careful revision and

“Introduction” of the accomplished Editor. These notes and introduction

are of a most elaborate character, ably epitomising the law to which

they relate,—chiefly to springing and shifting uses, and the law of

perpetuities.

Between the years 1812 and 1836, we find Mr Sugden, from time to time,

publishing pamphlets on subjects of great practical importance—such as

the mischievous operation of the then (1812) existing Annuity Act,

which, as we have already intimated, he succeeded in getting expunged

from the statute-book, as productive of intolerable vexation and ruinous

litigation—himself drawing the act (53 Geo. III. c. 141) in the ensuing

year which repealed it, and substituted a better system.[13] Other

subjects to which he thus addressed himself were the improvement of the

administration of justice in the Court of Equity; the law of wills; the

rate of interest and redeemable annuities; the appellate jurisdiction of

the Court of Chancery and the House of Lords (1835); and on the late Mr

Humphreys’ proposal to repeal the Laws of Real Property, and substitute

a new code (1826), which Mr Sugden encountered with great power. His

pamphlet, which was very elaborate, attracted much attention, and passed

through three editions. With the exception of these minor and

intermitting literary exertions, and preparing new editions of his great

works, we now lose sight of Mr Sugden as an author—thus, as it were,

only occasionally showing his head above the deep waters of Chancery

practice—till a period to which we must in due time refer.

During his practice as a conveyancing counsel for about eight years,

he more and more frequently varied its oppressive monotony, by going

into courts of law to argue questions relating to real property. It

was about the year 1812 that he took to arguing special cases in the

Common Courts—a work at that time of great labour and anxiety, and

very little profit. His first case may be seen reported as _Goodtitle_

v. _White_, 15 East’s Reports, p. 174 (A.D. 1812). Here he was pitted

against and defeated his formidable brother conveyancer, Mr Preston.

In 1815 he argued in the same court, _Wright_ v. _Barlow_, 3 Maule and

Selwyn’s Rep. 512, but could not succeed in inducing the court to

overrule one of its own decisions. In the latter year he argued the

celebrated case of _Doe_ v. _Jesson_, 5 Maule and Selwyn’s, 95, and

again failed to convince the court; but on appeal, Lord Eldon and Lord

Redesdale reversed the decision, on grounds suggested and argued by Mr

Sugden. Another case argued in the same year, and reported in the same

volume (p. 482), was that of _Doe_ v. _Roach_, in which, after an

arduous argument, Mr Sugden convinced Lord Ellenborough, and

succeeded. He continued to argue cases in the Common Law Courts till

the year 1822, when he finally relinquished the practice. All the

cases reported in the latter year are reported in the fifth volume of

Barnewall and Alderson’s Reports. One of them, _Beard_ v. _Westcott_,

p. 801, affords an excellent specimen of his close and lucid

reasoning. Here he not only again defeated his astute opponent, Mr

Preston, but prevailed on the King’s Bench to differ from the Common

Pleas, though the opinion of the latter had been supported by the

judgment of the Master of the Rolls, Sir William Grant. Three other

cases, in courts of equity, afford instructive specimens of the power

of this great legal reasoner—_Bengough_ v. _Edridge_, 1 Simon’s Rep.

207, 227; _Cholmondley_ v. _Clinton_, 2 Merivale, 221, 241; _Lord

Deerhurst_ v. _The Duke of St Albans_, 5 Madd., 243.[14] He at length

began to consider whether he would not altogether quit chamber for

court practice; a very bold step, indeed, for one who, with a large

family to support, was realising an ample income, which he was about

to surrender, perhaps for ever. It may be well imagined that this

afforded matter for anxious and painful deliberation. His chambers

were crowded with pupils, his tables groaned under “papers,” and most,

if not all, the leading solicitors were his confiding and devoted

clients—bringing him far more business than he could by any effort

conscientiously dispose of, and which he therefore declined. A

distinguished member of the profession besought him with the utmost,

and almost tearful urgency, not to take a step which he believed, with

many others, would prove fatal to his prosperity. We have heard that

the late Vice-Chancellor of England, then Mr Shadwell, made no secret

of his opinion, that Mr Sugden’s appearance at the bar would be a

complete failure; he at length made up his mind, and passed the

Rubicon. Shortly before he did so, he said to our informant, an

eminent living Queen’s Counsel, with whom he was one night walking

home, “I am going to give up conveyancing, and go to the bar. I don’t

know whether it will answer, but I will try.” This was said with an

air of great resolution; and it is for us to tell the issue. The

intrepid aspirant after forensic honours found himself in a moment

deserted by almost every client of importance, who appeared to feel

personally offended at being, as it were, suddenly left in the lurch

by their favourite conveyancer, on whom they had been accustomed to

rely so long and so implicitly. For a very short time the forebodings

of evil appeared being realised; and he had to sit in court, day after

day, witnessing his once stanch clients pouring their briefs into the

hands of other counsel, without vouchsafing a solitary one to the

new-fledged one! Whatever inward mortification or apprehension he but

too probably experienced, he concealed; saying, perhaps, within

himself, If the great solicitors will not have me, perhaps some small

one may, one fine day, give me an opportunity of showing that they

will not slight me with impunity. By-and-by came Mr Sugden’s

opportunity; he was intrusted by a “small” solicitor with a “small”

brief; and it may be supposed with what perfect preparation such a man

would come into court. On his consummate knowledge of the law of real

property he consciously stood, as upon a rock; and his rigorous logic

enabled him to wield that knowledge with irresistible effect. It did

not take long to show those former clients, who stood aloof from him,

that they were making a mistake—which we may be sure their deserted

counsel would give them more and more frequent opportunities of

feeling. A few exhibitions of his easy mastery over business, his

steady self-possession and resolution, and the influence he was

visibly acquiring over the court, soon began to put a different

complexion on matters; and the commiserating smile, perchance, of

supercilious rivals somewhat suddenly began to settle into an

expression of something like a well-founded anxiety! Mr Sugden

advanced rapidly into practice of the highest class. Every moment,

during which he was not actually employed in court, he might have been

seen sitting there answering cases, generally of an intricate and

troublesome kind, buried in their details, undisturbed by all the

hubbub around him, for he was always distinguished by the power of

abstraction. All was thenceforth plain sailing. His old clients became

as anxious to secure his services in court, as formerly in chambers. A

few years afterwards—namely, in the year 1822—he received a silk gown

from Lord Eldon, thereby taking another decisive step in advance,

surrendering junior for leading business. In this year, also,

appeared, edited wholly and elaborately by himself, the sixth edition

of his “Vendors and Purchasers”—though how he found time to do so, at

such an anxious crisis of his fortunes, and with such uninterrupted

demands on his time and energies, it is not easy to discover. His silk

gown was a splendid success, silencing sneers and whispering

disparagements from every quarter. A consummate knowledge of the

principles and details of real-property law, and conveyancing, and

equity; rapidity of perception; conscientious devotion to the

interests of his clients; imperturbable coolness and self-possession;

the pith and brevity of his arguments, and lucid exposition of the

most involved facts—all combined to invest his advocacy with such

charms in the eyes of anxious solicitors and their clients, that

retainers were soon showered on Mr Sugden from all quarters—and it was

almost always a race between rival solicitors who should first retain

him!

As though his cup of labour were not yet brimful, on the 20th February

1828 Mr Sugden was elected a member of Parliament for the borough of

Weymouth and Melcombe Regis, after a ten days’ expensive and harassing

contest. He was returned twice afterwards for the same place, once on

being appointed Solicitor-General. Mr Sugden sustained three other

severe election contests, one for the Rape of Bramber in 1826, and two

for the borough of Cambridge, against the present Lord Monteagle. He

also sate for the borough of St Mawes (extinguished by Schedule A)

during the period of the Reform Bill debates, and twice for Ripon, after

his first retirement from the office of Lord Chancellor of Ireland, in

1835, as we shall presently mention,—representing that borough at the

time of his second and final acceptance of the Irish Seals, in 1841. We

doubt whether any man ever underwent greater labour than Mr Sugden

throughout the harassing but prosperous twelve or thirteen years

following his attaining the rank of King’s Counsel, particularly during

the period of his sitting in the House of Commons. We first saw him one

morning in the court of Sir Lancelot Shadwell, then the only

Vice-Chancellor; and, without at first knowing who he was, were forcibly

struck by his care-worn countenance. His manner was calm, but he looked

harassed, as though he had sate up the whole night. And perhaps he had!

He has often been known to return to his house, then in Guildford

Street, Russell Square, from the House of Commons, at three o’clock in

the morning, having been engaged incessantly in court all the previous

day till he went to the House; and at six o’clock his servant would

bring candles to his bedside, when he would sit up to read his briefs.

At a quarter to nine o’clock he would be seen at Westminster, holding

five or six consultations before ten o’clock, when the Lord Chancellor’s

and Vice-Chancellor’s courts opened; then he was retained probably in

every case in either court, which he would be addressing incessantly. At

the rising of the court, a little after four, he would betake himself to

the House of Commons, and remain here often till two o’clock in the

morning, or later, reading his briefs in a room at the coffee-house at

Bellamy’s of that day, during the intervals of his attending the

debates, snatching a hasty dinner at any moment that served. Once he

returned home at half-past six o’clock in the morning, and went to bed

till eight o’clock, when he rose to prepare for such another day as the

one before! How mortal flesh and blood—how any mortal brain, could stand

such tear and wear as this, seems a mystery; but he was blessed with a

fine constitution, and was of temperate and abstemious habits. The

income which he derived from these labours, as may easily be believed,

was very large. His fees were often enormous. The business rejected at

his chambers’ door must have amounted to many thousands a-year. In the

great case of _Small_ v. _Attwood_ he received four thousand guineas,

and accepted the retainer only very reluctantly, and after having

several times refused it. To protect himself as much as possible, he

refused, for a long time, for any consideration, to go into other courts

than his own, and never would give an opinion on a case, except in

consultation with another counsel. The facility with which he despatched

business was most remarkable; and that not cursory and slovenly reading

of his papers, but really mastering and exhausting them. One evening

after dinner, without leaving the room, he began to read his briefs for

the ensuing day, which was a “Motion” day; but those intrusted to _him_

were generally of difficulty and importance. He continued reading brief

after brief as long as they were supplied to him, in successive bags, by

his clerk. Having at length despatched them all, he saw himself

surrounded with so many as astonished himself. He had the curiosity to

count them; and in three hours and a half’s time he had thoroughly read

_thirty-five_! By this time it was eleven o’clock; and instead of

dropping exhausted into bed, he called a coach, and went down to the

House of Commons! We have heard that when this little feat was recalled

to his recollection, he vouched for its truth; but added, with a smile,

that he never could have attacked such a number of briefs, had they been

brought before him all at once, instead of in successive bagfuls! But

what, after all, is such a life as this, but one of splendid slavery?

In the year 1829, Mr Sugden was appointed Solicitor-General, succeeding

the late amiable and learned Sir Nicholas Tindal, on his receiving the

appointment of Chief-Justice of the Common Pleas,[15] thereby, of

course, superadding to his private professional labours the onerous

cares of office. He received, as usual, the honour of knighthood, but

did not retain office long. Passing over an interval of five years, we

arrive at the year 1834, when Sir Edward Sugden’s name appears for the

last time that we have been able to discover in the Law Reports, as

counsel. He had ceased to attend the Rolls Court long before he retired

from the Bar; and his last argument in the Vice-Chancellor’s Court is

that of _Cash_ v. _Dean and Chapter of Ely_, 7 Simon’s Rep. 211 (A. D.

1834); and his last before the Lord Chancellor was the well-known case

of _Kennedy_ v. _Green_, 3 Myhere and Keen, 699, in the same year. At

the close of his judgment in this latter case, Lord Brougham, as

Chancellor, took leave of the Bar. The seventh volume of Simon’s Cases,

above referred to, incidentally affords some evidence of the extent, at

that time, of Sir Edward’s business: the volume contains thirty-five

cases, of which he appeared as counsel in twenty-seven! On quitting the

Bar, he returned fees exceeding a thousand guineas.

On the 13th January 1835 Sir Edward Sugden was induced[16] to accept the

appointment of Lord Chancellor of Ireland; a post, however, which he

filled only three months, but long enough to exhibit the highest

judicial qualities, and to cause general regret at being deprived of

such services. On returning from Ireland he found himself, as we have

seen, “for the first time in his professional life, in full leisure,”

seizing the opportunity thoroughly to revise his “Vendors and

Purchasers,” of which, in 1839, he published a new edition—the tenth—in

three royal octavo volumes. In addition to this, he read and critically

examined every reported decision of all the courts of law and equity. In

1837 he reappeared in the House of Commons as member for the borough of

Ripon, taking an active part in the more important subjects of

legislative discussion, particularly those with which he was so

pre-eminently qualified to deal. In the month of October 1841, however,

he finally retired from the House of Commons, on being appointed a

second time Lord Chancellor of Ireland—a post which he occupied till the

month of July 1846. We believe we speak the universal opinion of the

Irish Bar, and indeed of the general public of Ireland, that it was a

fortunate day that saw this great and upright magistrate a second time

in its supreme seat of justice, to occupy it for a period of five years.

We feel justified in attributing, not now for the first time, the utmost

weight to the judgment of the Bench and Bar of Ireland. They are acute,

dexterous, and learned, and capable of appreciating thoroughly a display

of the highest judicial qualifications. Sir Edward himself declared on

one occasion, recently, that he could never mention the Bar of Ireland

but in cordial terms of affection and respect; and that, when he finally

quitted Ireland, he had experienced not one unkind or disrespectful

expression towards himself, nor witnessed any personal disagreement

among themselves. He was undoubtedly exact and severe in maintaining

that order in his court, without which, while justice is administered

with difficulty, judicial decisions may fail to command the prompt

respect and consideration which are their due. Himself profoundly

attentive to what went on, involving such important interests, he also

required that counsel should receive no interruption, and that they

should address themselves, with all due brevity and closeness, to the

real points at issue. An attentive and watchful Bar has a most salutary

effect on both judge and counsel; and a court gravely and decorously

ordered in all things, produces a fitting impression, as well on the

public as on even the most disappointed suitor. Sir Edward’s great

reputation as an equity lawyer stimulated counsel to make fitting

exertions, and a protracted desultory volubility found no encouragement

or even toleration in the court of Lord Chancellor Sugden, whose

presence put even the ablest of his Bar on their mettle: while his deep

attention repaid their pains in preparing and condensing their

arguments. We are not, however, left to the expression of our own

opinion. His first chancellorship lasted for only three months,—viz.

from the 13th January to the 22d April 1835; and on the latter day,

after having pronounced an important judgment, with a view to securing

the due and economical administration of justice in the courts of

equity, the Attorney-General rose and asked if his lordship intended to

sit again? and being answered in the negative, thus addressed the

Chancellor:—[17]

“My Lord, I should do great injustice to my own feelings, and, I am

persuaded, to those of the Bar of Ireland, if I allowed your lordship

to retire from that seat without attempting, however feebly, to convey

to your lordship the impression of the deep sense which we entertain

of the eminent ability and dignity of demeanour with which you have

discharged the important duties of your high office. Short as has been

the period of your lordship’s elevation, it has afforded ample

opportunity for the display of judicial powers of the highest degree

of excellence. Had that period been still shorter—had it been limited

to the observation of a single day—it would have been sufficient to

have impressed us with an indelible conviction of the profound,

extensive, and accurate learning, the patience and discrimination, the

masterly exposition and application of the authorities and principles

of equity, and, above all, of the ardent love of justice, and elevated

tone of moral feeling, which marked and distinguished your judgments.

I have only to add our acknowledgments for your uniform urbanity and

kindness, and to assure your lordship that you bear with you our

regret at your retirement, and our most anxious wishes for your future

happiness and welfare.”

To this affecting address the Chancellor, declaring that he had been

“totally unprepared for it,” made a brief and dignified reply,[18]

acknowledging the uniform kindness and attention of the Bar; after which

one of the most eminent of the solicitors rose and expressed their

concurrence in the sentiments which had been so eloquently expressed by

the Bar.

Sir Edward Sugden’s second return to Ireland as Lord Chancellor afforded

him a more extended opportunity of exhibiting judicial and

administrative power. It is perhaps needless to say, that he manifested

throughout the same acuteness, strength, stretch, and exactness of legal

judgment, which had elicited, at the close of his former brief tenure of

the Seals, the spontaneous and weighty approbation of all legal circles

in Ireland. Every one of his judgments appealed from, was affirmed by

the House of Lords, with the exception of two, and a single point in a

third. The propriety of even these few reversals, however, is gravely

questionable, and is denied by Sir Edward himself; who elaborately

examines the grounds on which they proceeded, in his _Treatise on the

Law of Property, as administered in the House of Lords_,[19] and thereby

enables those who are competent to do so, to pronounce an opinion for

themselves.

Two of his judgments in the year 1843 were attended by incidents so

remarkable, as testified to us by those who were present and vouch for

the facts, that we mention them. In the case of _Box_ v. _Jackson_,

Drury’s Reports 42–85, the case was deemed by the Chancellor of such

difficulty and importance, that he requested the present distinguished

Lord-Justice of Ireland, Mr Blackburn, then Master of the Rolls, to

assist him in hearing it. On a subsequent day the decision was given—the

Master of the Rolls reading an elaborate written judgment; at the close

of which the Chancellor, “without the assistance of a single note of any

sort,”[20] says our informant, “proceeded _instanter_ to deliver his

judgment, extending over seventeen pages, and comprising at once a

luminous and minute critical examination of a long series of decisions,

by Lord Hardwicke and other great authorities, from the year 1739 to

1818!” The point was, whether, by analogy to a fine at common law, the

court had power to take the consent of a married woman, and by force of

it give effect to a transfer by her of her equitable reversionary

interest in stock: the Chancellor deciding, concurrently with the Master

of the Rolls, in the negative. Immediately after delivering this

judgment, the court adjourned for the usual brief interval; and on the

Chancellor’s return, the whole Bar rose up to do him honour! The other

case is that of _Stackpoole_ v. _Stackpoole_, 4 Drury and Warren’s Rep.

320; in which, at the close of a learned argument by the most eminent

counsel in Ireland, on the Chancellor’s inquiring whether the parties

wished him to decide the question, or send a case to a court of law, and

being informed that “it was the general wish that his lordship should

decide the case at once,” he did so _instanter_, and elaborately, though

it happened that he had not taken a single note of any argument, or case

cited by counsel![21] Such an effect had the Chancellor’s promptness and

felicity of judgment in delivering his _vivâ voce_ judgments, that, on

his beginning to deliver written judgments, the present Mr Justice

Moore, on the part of the Bar, requested him to continue delivering

judgments _vivâ voce_. It must not, however, be supposed that the

Chancellor of Ireland was so absorbed with his judicial, as to be

unmindful of the important duties devolving upon him in his

administrative capacity. It were equally invidious and unjust to make or

insinuate comparisons between Sir Edward Sugden and his predecessors or

successors, in this latter case, or in any other respect; but all

practical professional people in Ireland know under what obligations the

public were placed, by their Chancellor, during the period referred to.

In conjunction with the then Master of the Rolls, Mr Blackburn, he

consolidated all the Orders of the Irish Court of Chancery, repealing

all preceding ones, so as to render it unnecessary any longer to refer

to a long series of Orders, many of them obscure, and totally

inconsistent with each other. This proved a great relief to the suitor,

and was a work of much labour; but, undoubtedly, no little had been

previously accomplished by Lord Plunket. Another great benefit conferred

by the Chancellor, was in respect of the grievous burthens inflicted

upon suitors in equity, under the name of Searches for Incumbrances. He

put an end to this grievance by issuing an order allowing solicitors a

sufficient fixed charge for such searches; while their costs in other

matters were placed on a new and equitable footing, as between them and

their clients. Again, tenants of land, over which Receivers were

appointed by the Court of Chancery, were subjected to serious hardships,

in respect of the payment of their rents, or the reduction of them in

hard times. These evils were effectually redressed by orders, and

otherwise, of the Chancellor. Various other beneficial changes in the

existing order of things were introduced by the Chancellor, beyond our

province here to specify, but the effect of which is felt to this day.

Infinitely to his honour were his unintermitted and powerful exertions

in behalf of lunatics. The public minutes and orders, after his visits

to the public and private asylums, where he made, personally, minute and

laborious inquiries, pointing out what required a remedy, and affording

that remedy where he had the power, would fill a not inconsiderable

volume. He took a special interest in the district asylums, and in the

proceedings for the custody of criminal and pauper lunatics. Nothing, in

fact, relating to this unhappy class of our fellow-creatures, escaped

the humanely watchful eye of the Chancellor, who issued orders

calculated to subject the proceedings of all in authority in these

institutions to publicity and responsibility. It is difficult

sufficiently to estimate the amount of benefit thus conferred upon this

large and deplorably afflicted class, and who, as will hereafter be

seen, appear to have been always subjects of Sir Edward Sugden’s special

solicitude, both judicial and legislative.

How it may be now, we profess not to be able to say; but it is well

known that the magistrates of Ireland occasioned the Chancellor, at the

troublous time of which we are speaking, almost as much anxiety and

trouble as his judicial duties. He instituted an order of procedure in

appointing magistrates, which operated most advantageously; his evident

object being to conciliate the respect of all classes for the vigorous

and faithful administration of justice, as well by these as by all other

functionaries. He superseded magistrates without hesitation, whatever

their position or influence, if he thought that the public interest

required it; of which a memorable instance is on record, greatly to his

honour, in respect of his resolute and impartial spirit. We allude to

his dismissal of a nobleman of the Chancellor’s own political party, and

his agent and brother magistrate, from the commission, for intemperate

conduct towards each other on the bench. The matter was brought before

the House of Lords, but the Government upheld their Chancellor with a

high hand. It was, however, in the Repeal year, 1843, that the greatest

amount of anxiety and responsibility was thrown on the Chancellor of

that then distracted portion of the empire. In compliance with the views

of the Government, he refused to appoint any man a magistrate who

belonged to the Repeal Association; and in consequence of their acts and

speeches, superseded on the same day Lord French and Mr O’Connell. A

storm was of course the immediate result. The Chancellor’s letter

conveying their dismissal was read in the House of Lords by Lord

Brougham, who defended Sir Edward in a generous spirit, amidst repeated

cheering; and it was indeed a most satisfactory and conclusive statement

of the principles on which Sir Edward had proceeded. Acting upon them,

he almost immediately afterwards removed numerous other magistrates,

amongst whom were Mr Morgan John O’Connell, and Mr Smith O’Brien, for

presiding at tumultuous Repeal meetings. When Mr Daniel O’Connell seemed

bent on raising the standard of civil war at Clontarf, on the 8th

October 1843, the Lord-Lieutenant (Earl De Grey) and the Chancellor went

to England, to consult definitively with the Government on the

threatening state of affairs; but on hearing of the meeting so

appointed, returned _instanter_ to Ireland. They pronounced the meeting

illegal, and took steps so formidable and decisive, that Mr O’Connell

and his agitation were crushed together. All this, however, is matter of

history—that of a very momentous period. The calmness and strength of

the Chancellor’s judgment, backed by his immense reputation, rendered a

service to the menaced cause of order and good government never to be

forgotten.

His judicial and administrative duties not being sufficient to satisfy

this _helluo laborum_—as surely we may with justice style him—he devoted

himself at every spare moment to the systematic revision of his

“Treatise on Vendors and Purchasers,” and the compression of it into two

volumes, instead of the three into which it had swollen in the preceding

edition.

In July 1846, Sir Edward a second time resigned the Irish seals, with

the regret and applause of the whole country, and especially of the

legal profession. His administration of justice was pronounced to be

unequalled in Ireland, even organs of public opinion not favourable to

his party giving him in several respects the palm over no less a

distinguished predecessor than Lord Redesdale. “He never,” says one of

these now lying before us, “mixed himself up in the party-politics of

the country: he had no followers or connections there; was ruled by no

clique, and ear-wigged by no favourites. He was distinguished as a great

Chancery reformer as well as a great Chancery judge. He reformed the

Master’s offices, and established a tribunal for the taxation of costs.

In matters of lunacy, and in the Accountant-General’s department, he

introduced large and sweeping changes, some of which have been followed

in England by Lord Cottenham.”

Relieved from the pressure of judicial and parliamentary business, Sir

Edward betook himself to his lovely retreat on the banks of the

Thames—Boyle Farm; but how his leisure for the next three years was

spent, is attested by a large royal octavo volume of nearly 800 pages,

now before us, entitled _A Treatise on the Law of Property, as

administered in the House of Lords_, published on the 11th January 1849.

We doubt whether any more remarkable work has been given to the legal

profession during the present century, having regard to the

qualifications of its author, the pains he has bestowed on it, and the

commensurate interest, difficulty, and importance of the subject-matter.

The general reader must needs take this for granted, as we have no means

of giving him detailed proofs of our assertion. Imagine a lawyer like

Sir Edward Sugden, who, previously to having been twice made Lord

Chancellor of Ireland, as we have seen him, had been _facile princeps_

as a real-property and equity lawyer at the bar for nearly forty

years,—dealing with every case of the least importance,—sitting down

with the pressure upon him of his own reputation, and a delicate sense

of responsibility; imagine, we say, such a man devoting all his

faculties to the task of weighing in the critical balance every decision

of the supreme Court of Appeal during the last thirty years, with a view

to developing them into a systematic treatise on the Law of Real and

Personal Property, in respect of all the great moot-points started and

disposed of during that long interval by this august tribunal, and

thereby placing that law on a solid foundation! We know of no book

entitled to be studied with greater attention and deference by any

lawyer, from a Lord Chancellor, Chief-Justice, and Judge, down to the

ranks of such of the junior bar as are capable of understanding and

appreciating a performance of so high an order. Not a case is here dealt

with which has not been evidently mastered in all its bearings, as if

the writer had had the responsibility of adjudicating upon it: the facts

and arguments, often of rare complication and difficulty, are in every

instance stated by himself, and with so much brevity and clearness as to

bring the point at issue at once before _competent_ eyes. Take, for

instance, the great case of _Doe_ v. _Perratt_, decided by the Court of

King’s Bench in 1826, occupying fifty-two pages in the fifth volume of

Barnwell and Cresswell’s Reports; and seventy-one in the sixth volume of

Manning and Granger—argued twice before the House of Lords, with the

opinions of the judges, summoned to attend, declared by Lord Cottenham

so much at variance, that “it was impossible that authority could be

more equally divided.” The whole history of the case, the points of

difference, and the main point itself, are disposed of with masterly

precision in fewer than eight pages; whereas, without such assistance,

it would require any man many hours to master the case; “a careful study

of which,” concludes the author, “though it may perplex the student,

will amply repay his trouble.” We had marked no fewer than twenty-one

cases, all of greater or less permanent interest and importance, thus

admirably dealt with, explaining difficulties, and pointing out where

they are open to grave doubts; but, we are bound to say, without losing

sight of the deference due to the exalted tribunal on whose decisions,

nevertheless, he is sitting in judgment—moreover, he who was destined so

soon after himself to occupy the Woolsack. To two only of the cases

referred to can we briefly allude, as richly repaying the best attention

which the reader can bestow upon them. The first is _Gibson_ v. _D’Este_

(pp. 614, 649), which is, so to speak, placed on the rack of an

excruciating legal criticism, and demonstrated, as we think, to be a

faulty decision. The other case is that of _Howard_ v. _Lord Digby_ (p.

162), also disapproved of by the author, all after a rigorous

examination. It is highly interesting, if for no other reason, for

exhibiting a vivid contrast between the characteristic methods of

dealing with legal subjects, by Lord Brougham and Lord St Leonards; the

one vigorous, graphic, and even dramatic—the other dry and cold, but

with a certain Saxon purity and vigour about his style of expression.

The subject is that of the right to pin-money; and Sir Edward has for

once deviated so very far from his wont, as to enliven his work by an

interesting note from his learned and accomplished friend Sir George

Rose, as to the origin of pin-money. To a great extent, the author, as

he explains, has relied on his own copious and authentic notes of the

arguments in cases where he was himself engaged as counsel—and gives us,

thus, accounts of cases decided between 1821 and 1826, not elsewhere to

be found reported. The subjects are classified as relating to contract

deeds, and settlements; testamentary dispositions; powers, in deeds as

well as wills; and the rights and liabilities of lessors and lessees,

mortgagers, and mortgagees, vendors and purchasers, husbands and wives.

How long the author was occupied with preparing this work we know not;

but we think no other living man would have ventured to do so under ten

or even twenty years’ deep consideration. But where is he that could

bring to bear upon the task such vast stores of experience and learning?

Shortly after the appearance of this _magnum opus_, the _Times_

newspaper (10th Dec. 1850) commenced a leading article with the

following allusion—equally applicable at the present moment, and for the

last five years—to the veteran in repose:—

“The name of Sir Edward Sugden is at once the ornament and reproach of

the legal annals of this country. Unrivalled in the depth and

minuteness of his knowledge of the more abstruse branches of the law,

unequalled for logical power and critical acumen in discharging the

duties of an advocate, a writer of the rarest excellence, a judge of

unwearied diligence, and of authority second to none, he has been

condemned by the vicissitudes of party and our wretched system of

political judgeship, to pass the latter years of his valuable life in

comparative obscurity and retirement; and this has happened at a time

when great lawyers and great men of all kinds are growing scarce among

us. Mediocrity is, if backed by party influence, everywhere

triumphant, while one of the greatest legal geniuses that has ever

adorned the bench, is carelessly flung aside, as if the country were

too affluent in talent to require the aid of his extraordinary

abilities!”

The occasion of this article was a speech delivered the day before at a

county meeting in Surrey by Sir Edward Sugden—the only time in his life,

as he stated, of his having done so—on the subject of the Papal

Aggression. “That speech,” continues the editor, “appears to us one of

the best which has been delivered on the occasion; combining a spirit of

toleration and charity with a masterly exposure of the hollow sophisms

of the Romanists and their pseudo-liberal apologists, and an exposition

of the law showing indisputably that whatever difficulty may lie in the

way of punishment, there is no doubt that an offence has been

committed.” The speech in question deserved this eulogy, and had instant

and great weight with the country at large, and the Legislature.

In less than a month’s time afterwards, Sir Edward Sugden made a second

public appearance of quite a new sort—to vindicate the law of the land,

which he himself had presumed to make such, against certain groundless

accusations by Mr Dickens, in one of his tales, in a chapter headed “The

Martyrs of Chancery.” The sprightly and gifted novelist had fluttered

into the dusky regions of fact and law, with which he was necessarily

unfamiliar; and he, as well as others who laboured under similar

misconception on the subject of imprisonment for contempt of court, was

at once silenced by Sir Edward’s lucid and authoritative account of the

true state of the case.[22] To that subject, however, we shall have to

advert again, in considering Sir Edward Sugden in another phase—that of

legislator.

So determined was Sir Edward to illustrate the modest motto he had

chosen—_Labore vinces_—that the same year, 1851, of which we have been

speaking, beheld two more elaborate works of his appearing respectively

in the months of June and December. The former was _An Essay on the New

Real Property Statutes_, of the last few years, in one small octavo

volume—a work so highly esteemed as to find its place at once in every

lawyer’s library. The latter was a _Concise and Practical View of the

Law of Vendors and Purchasers of Estates_, being a condensation of the

two large volumes of the existing work into one octavo volume of upwards

of 700 pages, being “an attempt,” as he states in the preface, “to

compress the whole of the law on this important subject, into as narrow

a compass as appeared compatible with accuracy and distinctness”—for

which purpose “many portions of the original work have been rewritten,

and every proposition added or retained, has been anxiously considered.

The references, in some places, occupy nearly as much space as the text

in its compressed form; but the writer was unwilling to deprive the

student and the practitioner of any portion of a collection of cases

which,” he adds, “it has required many years and much reading to bring

together.” He also added no fewer than five hundred new cases! This work

was not long in following the fortune of its predecessors, and was in

time succeeded by that admirable contribution to legal literature, which

appeared at the commencement of the present month of January, and of

which we have already spoken. We have compared it with the “Concise

View,” and the edition at large which that concise view followed, and

have no hesitation in expressing our opinion that the alterations

introduced are of great magnitude, and materially enhance the value of

the work as a comprehensive, accurate, and authoritative statement of

the law on this all-important subject. The second chapter, for instance,

is entirely new, consisting of an elaborate and luminous exposition of

“Sales to Railway Companies,” and containing “the law, so far as it

places a Company, and an owner of land, in the relation of vendor and

purchaser” (p. 57). The work is, in short, a perfect masterpiece of

practical jurisprudence, more worthy than ever of the deference which

has been paid to it for so long a series of years by even judicial

authorities.[23] Before, however, quitting Sir Edward in his literary

capacity—seeing him, as an _ex_-Lord High Chancellor of Great Britain

devoting himself as patiently and laboriously to the re-editing and

reconstruction of his earliest publication, as if his professional

interests and reputation depended upon it entirely—let us offer one word

of suggestion to those whom it may concern. Let a young gentleman, who

has just donned his wig and gown, study to imitate the example of this

great living sage; and if he must turn author at a period when he is

really only commencing as learner, let him well consider the nature of

the work which he proposes to offer to a learned profession. Let it not

consist of hasty and flimsy comments on newly-enacted statutes, or on

heads of law already bristling with text-books; but let a real _want_ be

looked for, and then let due time and consideration be devoted to

supplying it. Thus it was that Edward Burtenshaw Sugden planted the

acorn which he has lived to see flourishing in full vigour as the oak.

Within little more than a year after the _Times_ newspaper had pointed

to Sir Edward Sugden’s name as at once “the ornament and the reproach of

the country,” that name had ceased to be a reproach; for the month of

February 1852—within only a few weeks of his laborious appearance as an

author, on the formation of the Earl of Derby’s Administration—saw Her

Majesty deliver the Great Seal into his hands, those of as profoundly

learned a Chancellor as ever served any of her predecessors. When, as

Lord St Leonards, he first took his seat at Lincoln’s Inn, the spacious

hall was so densely crowded with professional men, collected to see and

do honour to the greatest lawyer of the age, that numbers were unable to

get within the doors. The new Chancellor settled into the office, as it

were, in a moment, as quietly as if he had occupied it for years. In

fact, a more thoroughly businesslike Chancellor never held the Great

Seal, as all with whom he had to do found out very soon. His practical

penetrating sagacity, and boundless learning, rendered the appearance

before him of the most able and experienced counsel, a matter, for them,

of serious moment. They were somewhat peremptorily taught to come to the

point as soon as possible, before one who puffed away the chaff from the

wheat in a moment; who was always ready for work, and looked askance at

suggested adjournments or postponements. The first appeal case before

him in the House of Lords, on the 10th March 1852, only a week after he

had taken his seat on the Woolsack, was that of _De Beauvoir_ v. _De

Beauvoir_ (reported in the third volume of the _House of Lords’ Cases_,

p. 524), involving the right to nearly six hundred thousand pounds,

dependent on the construction of a singular and obscurely-worded will.

The matter was argued at great length by eminent counsel; but when they,

and all others, expected that the Chancellor would, as had been usual,

ask for the “papers,” and “take time to consider,” he rose from the

Woolsack, and delivered at once an admirable judgment, luminous and

conclusive, occupying nearly twenty pages of the printed Report—going at

length into, ably commenting on, and felicitously distinguishing a

number of cases cited—as may be seen on reference to the report; which,

we have personally ascertained from the learned reporter who took it

down in short-hand, is given as it fell from the Chancellor’s lips. One

of the most eminent solicitors in England recently observed, that he was

concerned in an appeal arising out of a suit of many years’ standing,

which had gradually become so complicated that neither counsel nor

solicitor could really understand it! After lengthened argument before

the Lord Chancellor, he rose from the Woolsack, as our informant and all

others supposed, to move that judgment should be postponed to a future

day; but—“nothing of the sort,” said the solicitor; “he immediately

began to deliver judgment, which sounded as if he were reading off a

chapter of his book on Powers. He cut us up root and branch. I saw only

too clearly where we had all gone wrong; and had not a word to say,

though he dismissed our appeal with costs!” How Lord St Leonards

discharged his duties in his own court, it may be safely left to every

practitioner in it to say. His manner was somewhat dry and quiet, but

had real judicial dignity. Nothing could exceed the patience and

attention with which he listened to every counsel who really addressed

himself to the merits of the case under consideration, but who, at the

same time, had knowledge and tact enough to see how early and

tenaciously the Chancellor had grasped these merits, and to shape his

course accordingly. No suitor ever had to complain that his case, how

tangled and multifarious soever, had not been completely ransacked in

quest of its merits, down to even the minutest details. And conclusive

evidence of the sterling quality of the judgments which he

pronounced—not after time taken to consider, but at the close of the

argument—is afforded by the fact, that not one of them was reversed, or

even qualified, on appeal. There is one interesting passage to be found

in the evidence of Lord St Leonards himself, before the Lords’ Appellate

Jurisdiction Committee of last session:—

“I could not myself have performed the duties of the office which I

filled, except by disposing, as far as I was competent, of the cases

as soon as the argument had closed; for otherwise I should have had

the whole arguments operating and weighing upon my mind, night and

day, till I had disposed of them; and the effect was, that there was

no delay in giving judgment. Despatch is not undue haste. With a

knowledge of the law on the part of the judge, and undivided attention

to the arguments, I believe that, in a great majority of cases, a

perfect master of the law may dispose of the greater proportion of

them as soon as the arguments are closed.”[24]

In the great case of _Egerton_ v. _Brownlow_,[25] we are not certain

whether Lord St Leonards delivered a _vivâ voce_ or a written judgment;

but there it is, on record, a fine specimen of judicial reasoning

applied to a question lying, however, very nearly on the confines of

legislation. Before quitting Lord St Leonards in his judicial capacity,

we must indicate the great service he did by his several rules and

orders, whenever he deemed them necessary, in order to improve and

quicken procedure in equity. Short, too, as was his tenure of the Great

Seal, he disposed of such patronage as fell to his lot with a scrupulous

regard to individual fitness, of which we could cite several instances

of gentlemen promoted without any solicitation whatever, and to their

own surprise. In another particular the conduct of Lord St Leonards is

worthy of observation,—his objection to the facile and profuse creation

of Queen’s Counsel, against which, as having a mischievous and

derogatory tendency, he appears to have long set his face. In 1835, in

his letter to Lord Melbourne on the Appellate Jurisdiction, we find him

saying,—“I believe the true way to recruit the Inner Bar is not by

batches, but by steadily advancing individuals, as their claims appear,

by the exhibition of talents, learning, good conduct, and a command of

business;” and he traces one cause of “the evil of excessively long

speeches by counsel, to the great competition at the bar, since the

number has received such large additions.” Acting uniformly on these

principles when in Ireland, he did not wait to be solicited for a silk

gown, as for a favour, by any gentleman possessing proper claims, but at

the proper moment offered it to him; thereby infinitely enhancing its

significance and value. While holding the Great Seal in England, he

found the Inner Bar full, and did not appoint a single Queen’s Counsel.

In considering Lord St Leonards as a legislator, it is not our intention

to dwell on his parliamentary speeches, though they have been many and

important. That against the bill of 1853, imposing duties on succession

to property, as well as the protest which he entered in the Journals of

the House, appears to us unanswerable. His speech on projected

improvements in the administration of the law, on the 16th November

1852, gave universal satisfaction; and that on life-peerages, on the 7th

February 1856, was a calm but excruciating exposure of not only the

impolicy, but the _illegality_ of that step. The speeches, indeed, on

that subject, of the Earl of Derby, Lord Lyndhurst, Lord St Leonards,

and Lord Campbell, will ever reflect bright credit on the hereditary

branch of the Legislature.

In sketching the character of a late luminary,[26] we “asked, with

sorrowful sincerity and reluctance, what did he ever do to advance the

interests of the profession to which he belonged?—and what page in the

Statute-Book attests his handiwork?” In the case of the distinguished

person now before the reader, the former question has been abundantly

answered in the foregoing pages; and the latter admits of as conclusive

and triumphant an answer, by a simple reference to the chief acts of

parliament for which Lord St Leonards is responsible, and many of which

were drawn by his own hand. We have taken some trouble to insure

correctness,—but if we have made any material errors or omissions, we

must trust to some future opportunity to correct them. Those which we

cite will be found of an eminently practical character, conferring great

and permanent advantage on the community, and redressing evils with

which his vast knowledge of business, and unwavering watchfulness,

peculiarly qualified him to deal.

(1.) The Annuity Act of 1813 (statute 53 Geo. III., c. 141), itself

recently repealed, together with the Usury Laws, was drawn by Lord St

Leonards, following out those views which he had urged in his pamphlet

of 1812. That act had the signal merit of putting an end to a floodtide

of ruinous and disgraceful litigation, for which Mr Sugden richly

deserved the thanks of the country. (2.) The statute 6 Geo. IV., c. 93

(1825), to “render valid certain decrees and orders at the Rolls Court,”

rendered necessary in consequence of Chief Baron Richards and other

judges having sate during Sir Thomas Plumer’s illness at the Rolls

Court, without legal authority. To avert the public scandal of avoiding

so many important judicial acts, Mr Sugden, with Lord Eldon’s consent,

prepared this bill, which became a law at the close of the session in

which it had been introduced. (3.) The next statute is one reflecting

peculiar lustre on the name of its framer—that of 1 Will. IV. c. 36

(1830)—in itself a code, having for its main objects to prevent long and

continued imprisonment for contempt; to afford assistance and relief to

parties poor and ignorant; and prevent obstinate parties from impeding

the course of justice after the decree or order of the Court. This act

was, two years afterwards, greatly extended by (4.) Stat. 4 Will. IV. c.

58. Had these been the only acts for which the country is indebted to

Lord St Leonards, he would have earned an enduring title to their

gratitude.

Having humanely provided a legislative remedy, he made the noblest

personal efforts to carry it into prompt effect, frequently visiting the

Fleet Prison—(how he found the time is hard to understand)—seeing and

conversing with the impoverished prisoners, giving them wise advice, and

himself actually paying, out of his own purse, the costs for which they

were incarcerated, so as to procure their immediate discharge—and even

assisting them afterwards! The scandal of throwing a man into prison for

not “answering,” and then leaving him there to rot out the rest of his

life, thank Heaven, can no longer exist. When Chancellor of Ireland, Sir

Edward Sugden extended this admirable measure to that country, by (5.)

Stat. 5 & 6 Will. IV. c. 16 (1835), the Government taking charge of the

bill. (6.) Stat. 1 Will. IV. c. 46 (1830), amending the laws relating to

Illusory Appointments, restored the law to its original state, putting

the rule at law and in equity on the same footing with respect to

appointments: a provision removing at once a prolific source of

litigation, and enabling a parent or trustee to act so as best to meet

the exigencies of a family, and give children aid and provision in

proportion to their actual wants. (7.) Stat. 1 Will. IV. c. 47 (1830),

consolidates and amends the law for payment of debts out of real

estate—one of great importance, and a considerable step in advance, the

Legislature having since gone still farther in that direction. (8.)

Stat. 1 Will. IV. c. 60 (1830), is another act of great importance,

investing courts of equity with ampler powers than they had possessed,

with regard to trustees and mortgagees, and enabling them to make a

perfect title to whatever they sold. This act Sir Edward undertook at

the request of Lord Eldon; and the Legislature have since gone much

farther in that direction. (9.) Stat. 1 Will. IV., c. 65, extended to

Ireland by (10) 5 and 6 Will. IV., c. 17, arms courts of equity with

very useful powers over the property of infants, married women, and

lunatics. (11.) Stat. 2 and 3 Vict., c. 11, extended to Ireland by (12.)

Stat. 7 and 8 Vict., c. 90, with careful modifications, conferred a vast

boon on purchasers, and greatly facilitated the transfer of

land—providing as it did a complete registration of various kinds of

incumbrances, collected in one office, and allowing them to be searched

for a mere nominal sum—a shilling. These acts were (in 1855) followed by

(13.) Stat. 18 and 19 Vict., c. 15, conferring on purchasers further

important provisions for their protection. (14.) Stat. 5 and 6 Vict., c.

123, for the first time required private lunatic asylums to have a

licence, and placed them under salutary restraints and supervision. This

act had to encounter fierce opposition, but succeeded, followed up, as

we have already seen, by the Chancellor’s vigilant personal attention,

in greatly ameliorating the condition and management of lunatics. (15.)

Stat. 8 and 9 Vict., c. 115, appointed a taxing-master for the Irish

Court of Chancery, thereby greatly relieving the overburdened Masters of

the Court. This has since been carried much farther. (16.) Stat. 15

Vict., c. 24, after a vehement opposition, put an end to an evil utterly

intolerable, and has proved one of the greatest blessings to the people,

afforded by modern legislation. It puts an end to the incessant defeat

of wills by petty technical objections, embracing every evil conceivable

to occur through haste, ignorance, or accident. The editors of the new

edition of the _Standard Text-Book on Wills_ (Jarman), omit a long

chapter of decisions of this kind, as “it is almost impossible that the

validity of any will should hereafter turn upon them.” (17.) Stat. 15

Vict., c. 48, amends the law relating to the property of lunatics. (18.)

Stat. 15 Vict., c. 80, abolishes the Masters’ offices, and expedites the

business of the Court of Chancery. (19.) Stat. 15 Vict., c. 86, amends

the practice and course of proceeding in the Court of Chancery. (20, 21,

22.) Stat. 16 and 17 Vict., c. 70, is for the regulation of proceedings

under commissions of lunacy, and consolidating the former acts,—and

itself constitutes a most important code; c. 96, for regulating the care

and treatment of lunatics; c. 97, consolidating and amending the laws

relating to lunatic asylums for counties and boroughs, and the

maintenance and care of pauper lunatics. When these three acts were

passed, Lord St Leonards declared, in his place in the House of Lords,

that no other country possessed such excellent provisions for the care

of lunatics and of their property—and none more minutely and anxiously

careful than those which secure the welfare of pauper lunatics. He might

have added, that the preparation of these enactments entailed upon

himself protracted and exhausting labour. (24) Stat. 16 and 17 Vict., c.

98, provides for the further relief of suitors in the Court of Chancery,

appropriating its unclaimed funds to the relief of the suitors, to whom

they properly belong. This, also, is a very important act. Lastly, (25.)

Stat. 17 and 18 Vict., c. 60, has for its humane object to make more

effectual provisions for preventing cruelty to animals.—Here ends, as

far as we know, the catalogue of Lord St Leonards’ contributions to the

Statute-Book of his country: twenty-five in number, and those not showy,

rash, and slovenly, but deeply-considered and skilfully framed; the

result of great forensic and judicial experience, or, in some instances,

masterly developments of alterations and improvements contemplated by

others. We are, moreover, inclined to consider Lord St Leonards largely

entitled to credit for the original suggestion of that bold enactment

which called into existence the Incumbered Estates Court in Ireland.

Unless, indeed, we are mistaken, he lately claimed the paternity of that

measure, in speaking in the debate for renewing the powers of the

Commissioners. It is said that in his original sketch of the proposed

Court, transmitted to the late Sir Robert Peel, he observed that the

Court ought to exist only until the mischief should have been remedied;

that it was, as regarded property, what the suspension of the Habeas

Corpus Act was with reference to personal liberty. It is, however,

undoubtedly possible that the existing scheme may have been devised by

the Government before they became possessed of Sir Edward Sugden’s

communication to Sir Robert Peel; though this has not hitherto been

asserted. And these legislative labours have been continued during a

long series of years, while Lord St Leonards was either burthened with

enormous practice at the bar, or absorbed with judicial cares as twice

Chancellor of Ireland, and afterwards of England (his is the only

instance on record of such promotion;) or as a law-lord sitting on

Appeals; or engaged from time to time writing profound and universally

accepted treatises on the law, or carefully adapting them to successive

variations in that law. The patience, the self-denial, the indomitable

industry and resolution with which his great endowments and acquirements

have been and continue to be devoted to the service of his profession

and of his country, will enshrine his name in the memory of his

countrymen, long after he shall have passed away from the scene of his

untiring exertions. As author, advocate, judge, and legislator, he

appears to exhibit a combination of claims to our respect and gratitude,

that is unique.

_Printed by William Blackwood & Sons, Edinburgh._

ENDNOTES:

Footnote 1:

These views are not an after-thought, but will be found expressed in

our article on “The Peace,” written before the Treaty of Paris was

ratified. _Inter alia_, alluding to the probable results of the

Treaty, we observed—“By guarding the line of the Danube, while leaving

open the Transcaucasian frontier and the shores of Anatolia, you

change the main line of Russian advance from the western to the

eastern side of the Black Sea. You divert it from Europe into Asia,

and by so doing change the Powers by whom such southward progress

brings her into collision. On the Danube, Russia has Austria for a

rival; but for Asia Minor, Austria has no concern,—there Russia will

meet no rival but Great Britain, who will be left to struggle with her

single-handed.” And we characterised this as “the best method for

directing the march of Russia from Europe into Asia, and thereby not

only freeing France and her Austrian alliance from the rivalry and

pressure of the Czar, but of raising a new and permanent source of

antagonism between Russia and England,—every step of the former of

those Powers necessarily bringing her nearer to the Indian empire, and

line of communication therewith, of the latter. The general public,

alive only to the interests of the moment, may underrate the

importance of this stipulation, but its consequences will be none the

less momentous because not immediate. It is a legacy of hostility

between Russia and England which the future will duly honour.”—(_May

1856_, p. 617.)

Footnote 2:

The relation subsisting between Prince Yusoof and the Shah was openly

acknowledged by the latter, who, even as reported by the Teheran _Rouz

Namé_, or official journal of court news, thus addressed the Prince,

when subsequently captured by the Persian army which besieged

Herat:—“At that time we considered thee as one of our faithful

servants, and thou wert under the shadow of our protection; and as it

was for the advantage of our kingdom, and of the independence of

Herat, to resist the overwhelming march of Dost Mahomed Khan, we

therefore sent thee the reinforcements which thou didst require.”

Footnote 3:

Fact.

Footnote 4:

See the Scheme of Members for Minorities.

Footnote 5:

1st September 1856.

Footnote 6:

Wilkinson’s _Wallachia and Moldavia_: London, 1820.

Footnote 7:

The treaty of Kainardjik (10th July 1775) gave the right of

interference in the affairs of the Principalities to the Russian

ministers resident at Constantinople, and bound the Porte to pay

regard to their representations.

Footnote 8:

_A Concise and Practical Treatise of the Law of Vendors and Purchasers

of Estates._ By EDWARD SUGDEN (now Lord St Leonards). 13th Edition. 1

vol. royal 8vo. 1857. Sweet, London.

_Practical Treatise of Powers._ By the Right Honourable Sir EDWARD

SUGDEN. 2 vols. 8vo. 7th Edition. 1845.

_The Law of Uses and Trusts._ By the late Chief Baron GILBERT; with

Notes, References, and an Introduction, by EDWARD BURTENSHAW SUGDEN,

Esq., Barrister-at-Law. 1 vol. 8vo. 3d Edition. 1811.

_A Treatise of the Law of Property, as Administered by the House of

Lords._ By Sir EDWARD SUGDEN. 1 vol. royal 8vo. 1849.

_An Essay on the New Statutes relating to Real Property._ By Sir

EDWARD SUGDEN. 1 vol. 8vo. 1852.

_A Series of Letters to a Man of Property on Sales, Purchases,

Mortgages, Leases, Settlements, and Devises of Estates._ By Sir EDWARD

B. SUGDEN. 1 vol. 8vo. 6th Edition.

_Pamphlets_, &c.

_Speeches_, &c.

Footnote 9:

Preface to the fourth edition of the “Vendors and Purchasers” quoted

in the preface to the thirteenth edition. In justice to the memory of

the late Mr Preston, one of the most eminent conveyancers that ever

lived, it should be stated that he also in early life published—we

believe in his twenty-first year (1791)—an elementary treatise on the

_Quantity of Estates_, which has, with modifications in successive

editions, continued even to the present time a standard text-book in

the profession. In its original form it may be regarded as the anatomy

of the body of real-property law—and a doubt may be entertained

whether subsequent editions were improvements on the first. This book

laid the foundation, in his case also, of an enormous practice and

great wealth; but never, as in the case of his distinguished

contemporary, led to judicial office.

Footnote 10:

It is well known that for a single edition, Sir Edward Sugden once

received the sum, unprecedented in the writers of law books, of four

thousand guineas!

Footnote 11:

The uncle might have prohibited his niece from thus alienating, or

“anticipating,” as it is called, any portion of what he had bequeathed

her, but had not thought fit to do so. A woman who has thus property

in equity, is the creature of equity, and may have as much or as

little capacity of dealing with it, as her donor may have chosen to

confer upon her. Possibly this was something like the argument of Mr

Sugden, which is not given by the reporter.

Footnote 12:

Lord Eldon once sent for Mr Sugden into his private room, during the

argument of an important case in which he was not concerned, to ask

his opinion concerning the main point of law involved in it—relating,

if we are correctly informed, to “springing uses.” Mr Sugden’s

impression differed from that of Lord Eldon, who ultimately yielded to

Mr Sugden’s.

Footnote 13:

This Act has itself just been repealed.

Footnote 14:

The principles involved in all these cases are elaborately discussed

by Lord St Leonards himself in his Treatise of the Law of Property, to

be afterwards noticed.

Footnote 15:

H. B. had a caricature representing “A Meeting in the Pleas”—between

Sir James Scarlett, Attorney-General, and Sir Edward Sugden,

Solicitor-General, with Sir N. Tindal on the Bench, and Sir Charles

Wetherall and Mr Brougham in the wings.

Footnote 16:

Sir Edward Sugden was twice offered office by the Whigs, but he

declined it.

Footnote 17:

Lloyd and Goold’s _Reports of the High Court of Chancery, tempore_

Sugden, pp. 380–1.

Footnote 18:

_Vide supra._

Footnote 19:

See them—_Stokes_ v. _Heron_, p. 236; _Shaw_ v. _Lawless_, p. 394;

_Creed_ v. _Creed_, p. 428.

Footnote 20:

This reminds us of the prodigious effort of Lord Lyndhurst, C., in the

case of _Small_ v. _Attwood_, which had been argued by Sir Edward

Sugden.

Footnote 21:

In the course of his judgment he pronounced the late Lord Kenyon, “one

of the most consummate Real Property lawyers that ever adorned the

Bench.”—P. 350.

Footnote 22:

See the Letter in the _Times_ of 7th January 1851.

Footnote 23:

We could fill a page with references to cases in courts of law and

equity in which such judicial deference is paid to the “Vendors and

Purchasers.” One or two of the latter instances may be seen in

Matthews _v._ Bowles, 6 Hare’s Rep. 111; Wykes _v._ Lee, 3 Drury, 396.

We should add that, with a dignified modesty, credit has never been

taken, in new editions, for the adoption of rules which had been laid

down by the author, or for the approbation bestowed on the work.

Footnote 24:

_Report_, p. 183.

Footnote 25:

Delivered after he had ceased to be Chancellor.

Footnote 26:

_Blackwood’s Magazine_, January 1846.

------------------------------------------------------------------------

TRANSCRIBER’S NOTES

Page Changed from Changed to

135 hordes which overthrow in hordes which overthrew in

succession succession

174 Ἄγε Σωγράφων ἄριστε Γράφε Ἄγε Ζωγράφων ἄριστε Γράφε

Σωγράφων ἄριστε Τεχνοκοίρανε Ζωγράφων ἄριστε Τεχνοκοίρανε

ῥόδαιε Ἀπεοῦσαν ὡς ἂν εἴπω Γράφε ῥόδειε Ἀπεοῦσαν ὡς ἂν εἴπω Γράφε

τὴν ἐμὴν ἑταιραν τὴν ἐμὴν ἑταίραν

175 Γράφε μοι Βάθυλλον οὕτω Τὸν Τὸν ἑταῖρον ὡς διδάσκω Λιπαρὰς

ἑταῖρον ὡς διδάσκω Λιπαρὰς κόμας κόμας ποίησον Τὰ μὲν ἔνδοθεν

ποίησον Τὰ μὲν ἔνδοθεν μελαίνας, μελαίνας, Τὰ δ’ ες ἄκρον ἡλιωσας

Τὰ δ’ ες ἄκρον ἡλιωσας Ἕλικας δ’ Ἕλικας δ’ ἐλαυθέρους μοι

ἐλαυθέρους μοι Πλοκάμων, ἀτακτα Πλοκάμων, ἀτακτα συνθεὶς, Ἄφες,

συνθεὶς, Ἄφες, ὡς θέλωσι, ὡς θέλωσι, κεῖσθαι Απαλὸν δὲ καὶ

κεῖσθαι Απαλὸν δὲ καὶ δροσῶδες δροσῶδες Στεφέτω μέτωπον, ὀφρὺς

Στεφέτω μέτωπον, ὀφρὺς Κυανωτέρη Κυανωτέρη δρακόντων. Μέλας ὄμμα

δρακόντων. Μέλας ὄμμα γοργὸν γοργὸν ἔστω, Κεκερασμένον

ἔστω, Κεκερασμένον γαλήνῃ* Τὸ γαλήνῃ* Τὸ μὲν ἐξ Ἄρηος ἕλκον Το

μὲν ἐξ Ἄρηος ἕλκον Το δε τῆς δε τῆς καλῆς Κυθήρης Ἵνα τις τὸ

καλῆς Κυθήρης Ἵνα τις τὸ μὲν μὲν φοβῆται Τὸ δ’ ἀπ’ ἐλπίδος

φοβῆται Τὸ δ’ ἀπ’ ἐλπίδος κρεμᾶται. Ῥοδίνην δ’, ὁποια

κρεμᾶται. Ῥοδίνην δ’, ὁποια μῆλον Χνοΐην ποίει παρειήυ*

μῆλον Χνοΐην ποίει παρειήυ* Ερυθημά δ’ ὡς ἄν Αἰδοῦς

Ερυθημά δ’ ὡς ἄν Αἰδοῦς (Λύνασαι) πάλιν ποίησον. Τὸ δὲ

(Λύνασαι) πάλιν ποίησον. Τὸ δὲ χεῖλος, οὐκ ἔτ’ οἶδα Τίνι μοι

χεῖλος, οὐκ ἔτ’ οἶδα Τίνι μοι τροπῳ ποιήσεις * * Ἁπαλὸν,

τροπῳ ποιήσεις * * Ἁπαλὸν, γέμοντε πειθοῦς —— Τὸ δὲ πᾶν, ὁ

γέμοντε πειθοῦς —— Τὸ δὲ πᾶν, ὁ κηρὸς αὐτὸς Ἐχέτω λαλῶν σιωπῇ.

κηρὸς αὐτὸς Ἐχέτω λαλῶν σιωπῇ. Μετὰ δὲ πρόσωπον ἔστω Τὸν

Μετὰ δὲ πρόσωπον ἔστω Τὸν Ἀδώνιδος παρελθὼν, Ἐλεφάντινος

Ἀδώνιδος παρελθὼν, Ἐλεφάντινος τράχηλος. Μεταμάζιον δε ποίει

τράχηλος. Μεταμάζιον δε ποίει Δίδυμάς τε χεῖρας Ἑρμοῦ;

Δίδυμάς τε χεῖρας Ἑρμοῦ; Πολυδεύκεος δε μηροὺς Λιονυσίην

Πολυδεύκεος δε μηροὺς Λιονυσίην δὲ νηδύν. Φθονερηὺ ἔχεις δὲ

δὲ νηδύν. Φθονερηὺ ἔχεις δὲ τέχνηυ, Ὅτι μὴ τὰ νῶτα δεῖξαι,

τέχνηυ, Ὅτι μὴ τὰ νῶτα δεῖξαι, Δύνασαι* τὰ δ’ ἦν ἀμείνω. Τί

Δύνασαι* τὰ δ’ ἦν ἀμείνω. Τί πόδας με δεῖ δί δάσκειν; Λάβε

πόδας με δεῖ δί δάσκειν; Λάβε μισθὸν, ὅσσον εἴπῃς. Τὸν

μισθὸν, ὅσσον εἴπῃς. Τὸν Ἐκηβόλον δὲ τοῦτον Καθελὼν,

Ἐκηβόλον δὲ τοῦτον Καθελὼν, ποίει Βάθυλλον. Ὅτε δ’ ἐς Σαμου

ποίει Βάθυλλον. Ὅτε δ’ ἐς Σαμου ποτ’ ἐλθης Γράφε Φοῖβον ἐκ

ποτ’ ἐλθης Γράφε Φοῖβον ἐκ Βαθύλλον.

Βαθύλλον.

● Fixed typos; non-standard spelling and dialect retained.

● Renumbered footnotes and moved them all to the end of the final

chapter.

● Enclosed italics font in _underscores_.

Blackwood's Edinburgh Magazine, Vol. LXXXI, No. 496, February 1857. · 第 9 / 9 章