The Court of Chancery represents Equity, which is, ideally, law in its

highest aspect, regarded not as interpreted by statute or custom but

from the standpoint of justice tempered by mercy. As such Equity came

to be regarded as more important than Common law; and the Chancery

overshadowed the other courts. The Chancellor rose constantly in

importance, and as the chief of the King’s chaplains and his adviser

in the exercise of the prerogative of mercy he became “the keeper of

the King’s conscience.” As time went on, Equity like Common law was

based on precedent, and its original purpose fell into the background.

The business of the Chancery was continually on the increase, and it

finally became utterly unmanageable. Protracted law suits are certainly

no new thing and in the 15th century there are, I believe, examples of

interminable litigation. At an early date, the “law’s delay” had passed

into a proverb; and nothing was done to remedy the growing evil. The

Lord Chancellor and the Master of the Rolls were the only available

judges; and as population increased and conditions of life became more

complicated, the grievances of the wretched suitors in Chancery became

intolerable. As you know, in the prize ring, when a boxer had got his

adversary into a hopeless position and could treat him as he liked, the

beaten man was said to be “in chancery.”

It is generally supposed that the Chancellor in “Bleak House” is the

famous Lord Eldon, whose tenure of that exalted office is almost

the longest on record. He was a man of many virtues and singularly

kind-hearted,--the description of his reception of the wards in

Chancery in the book before us does ample justice to this trait--and

as a lawyer he ranks among the very foremost exponents of the law of

England. But he knew and valued the merits of the legal system; and

despite the fact of many cases of individual hardship, these were many,

and he was so anxious to give judgments in exact accordance with the

law that he had great difficulty in making up his mind. As a matter of

fact a judgment by Lord Eldon is even now accepted in your country as

well as mine: but his conscientious thoroughness was a great drawback

in delaying the congested business of the court. I will now give some

formal examples of the condition of the Chancery, taken from Spencer

Walpole’s “History of England from A.D. 1816.”

But first let me quote Dean Swift’s description of the law’s delay a

century earlier. It is of course a caricature: but his satire is so

pungent and his wit so satirical that I cannot resist the temptation of

using his famous book.

Swift makes Gulliver explain the law of England to the Houyhnhnms, the

horses who rule over the human Yahoos.

“It is a maxim among these lawyers that whatever hath been done may

be legally done again; and therefore they take special care to record

all the decisions made against common justice and the general reason

of mankind. These, under the name of precedents, they produce as

authorities, to justify the most iniquitous opinions, and the judges

never fail of directing accordingly.

“In pleading they studiously avoid entering into the merits of a case;

but are loud, violent, and tedious, in dwelling on all circumstances

which are not to the purpose. For instance, in the case already

mentioned (a claim to a cow) they never desire to know what claim or

title my adversary hath to my cow; but whether the said cow were red

or black; her horns long or short; whether the field I graze her in

be round or square; whether she was milked at home or abroad; what

diseases she is subject to and the like; after which they consult

precedents, adjourn the cause from time to time, and in ten, twenty, or

thirty years come to an issue.”

* * * * *

Here is a typical undefended Chancery suit. A will which came into

force in 1819 contained bequests to charities. These legacies were

contrary to the Mortmain laws, and were consequently void. The

heir-at-law filed a bill in Chancery to make them so. During 1820 the

trustees of the charities put in their answers. In 1821 the case was

referred to the Master in Chancery to find out who was the heir at law.

By 1823 he was ready with an answer, and the court directed him to give

an account of the property. He did so in 1824. In 1825 the case was set

down for further directions; in 1826 the Master was told to ascertain

the children of the testator’s half-nephews. This took till 1828, when

the case was reported to the House of Commons. The Master was then

still pursuing his enquiries. A defended case was naturally slower. The

case was referred to the Master in Chancery; he reported: exceptions

were then taken to his report, and so on. In about ten years something

probably occurred to make it necessary to begin again. The Masters were

paid by fees and were interested in making a case last. Their incomes

often amounted to as much as from £3000 ($15,000) to £4000 ($20,000)

a year. The amount of law copying was prodigious. In one case it came

to 10,497 folios, for which a charge of six shillings and eight pence

($1.60) for each folio was made. You recollect the poor captain who

sunk to the position of a law-copying clerk. Be sure he was not paid at

this rate.

Such then were a few of the abuses of one branch of the legal system

which Dickens exposed. They have in the main been disposed of since

1873. We cannot, however, leave the subject without a few words on his

inexhaustible fertility in drawing the characters of lawyers.

The profession is represented throughout. We see Mr. Justice Stareleigh

trying Mr. Pickwick and waking up at intervals. Who can forget the

cross-examination of Sam Weller.

“‘Is it a good place?’” Sam is asked. Yes, Sir. “‘Little to do and

plenty to get,’ said Sergeant Buzfuz jocularly. ‘Plenty to get, as the

soldier said when they gave him six dozen,’ replied Sam. ‘You mustn’t

tell us what the soldier or anybody else said,’ remarked the judge,

waking up suddenly. ‘It is not evidence.’” Immortal too are the counsel

in that famous case, the eloquent Buzfuz and the abstracted Stubbin;

nor can we forget the unlucky novice, Mr. Phunky, who ruined the case

for Mr. Pickwick by the way he cross-examined Mr. Winkle.

No profession has risen more in dignity and respectability in England

in recent years than that of the solicitor or attorney. In Scott and

in almost all earlier novelists, the man who prepared the work for

counsel and was engaged in the humbler practice of the courts is nearly

always represented as a rogue. How often do we find him described as a

“miserable pettifogger” and charged with “sharp practice.” It is the

same with Dickens. Even Mr. Perker in “Pickwick,” who is thoroughly

honest, cannot withhold his admiration of Dodson and Fogg’s acuteness.

“‘Dodson and Fogg have taken Mrs. Bardell in execution for her costs,

Sir,’ said Job.

‘No,’ exclaimed Perker, putting his hands in his pockets, and

reclining against the sideboard.

‘Yes,’ said Job. ‘It seems they got a cognovit out of her, for the

amount of ’em, directly after the trial.’

‘By Jove!’ said Perker, taking both hands out of his pockets, and

striking the knuckles of his right against the palm of his left,

emphatically, ‘those are the cleverest scamps I ever had anything to

do with.’

‘The sharpest practitioners _I_ ever knew, Sir,’ observed Lowten.

‘Sharp,’ echoed Perker. ‘There’s no knowing where to have them.’

‘Very true, sir, there is not,’ replied Lowten: and then both master

and man pondered for a few seconds, with animated countenances, as

if they were reflecting upon one of the most beautiful and ingenious

discoveries the intellect of man had ever made, etc.”

In treating of the dishonest little legal practitioners Dickens

indulges his taste for burlesque humour. Witness the scene in which

Dodson and Fogg are visited by Mr. Pickwick, and the two lawyers try to

provoke him to commit an assault or to use slanderous language, and Sam

Weller without ceremony drags his master out of the office. Mr. Sampson

Brass is also a subject of rollicking humour, as is his sister, the

fair Sally. Witness the scene where Brass visits Quilp at his wharf on

the Thames and is compelled to drink spirits neat and almost boiling,

and is made sick by the pipe the little monster makes him smoke; or

when Brass, aided by Quilp’s wife and mother-in-law, is writing a

description of the supposed corpse of his missing client, and recalls

Quilp’s characteristics, “his wit and humour, his pathos and his

umberella.” I confess I do not quite understand how Brass was able to

get Kit imprisoned; our author’s law appears a little stagey. I should

say that type of lawyer had disappeared; but I once did come across a

Dodson and Fogg, though a pianoforte, not a widow, was the cause of my

costly experience.

Let us now turn from the somewhat painful abuses which Dickens

denounces to a more cheerful subject, that of Parliamentary elections.

Here I can speak frivolously, for I am one of those who have grave

doubts whether a good or a bad system of election, in my country at any

rate, matters much, for choose them how you will, the representatives

of the people never seem to represent anything but their own private

interests. Let us take Mr. Pickwick’s experiences at Eatandswill, which

is, I believe, the now disfranchised borough of Sudbury in Suffolk,

about fourteen miles from Bury St. Edmunds, whither Mr. Pickwick

started on his expedition to thwart the plans of Mr. Jingle, and had

his famous experience at the young ladies’ school. His friend, Mr.

Perker, was, you will recollect, the agent of the Hon. Samuel Slumkey.

“‘Spirited contest, my dear Sir,’ said Mr. Perker to Pickwick.

‘I am delighted to hear it,’ said Mr. Pickwick, rubbing his hands.

‘I like to see sturdy patriotism, on whatever side it is called

forth;--and so it’s a spirited contest?’

‘O yes,’ said the little man, ‘very much so indeed. We have opened all

the public houses in the place, and left our adversary nothing but the

beer shops--masterly stroke of policy that, my dear Sir, eh?’”

The prospects however were doubtful, for Mr. Fizkin had thirty-three

electors locked up in the coach house of the White Hart. All the hotels

were full of voters and Mrs. Perker had brought green parasols for

the wives of doubtful supporters of Mr. Slumkey. Then came the day of

nomination and “During the whole time of the polling, the town was in

a perpetual fever of excitement. Everything was conducted on the most

liberal and delightful scale. Exciseable articles were remarkably

cheap at all the public houses.... A small body of electors remained

unpolled until the very last day. They were calculating and reflecting

persons, who had not yet been convinced by the arguments of either

party, although they had had frequent conferences with each. One hour

before the close of the poll Mr. Perker solicited the honour of a

private interview with these intelligent, these noble, these patriotic

men. It was granted. His arguments were brief, but satisfactory. They

went in a body to the poll; and when they returned, the honourable

Samuel Slumkey, of Slumkey Hall, was returned also.”

To persons accustomed to modern Parliamentary elections in England

this passage would need a commentary to be understood. The nomination

and the show of hands amid riotous disorder is a thing of the past.

The protracted poll, lasting in some cases for several days, the

non-resident electors billeted in the inns at the candidates’ expense,

and the whole scene Dickens depicted belongs to another age which is

almost incomprehensible to the England of to-day.

Sam Weller’s story of his father and the voters had more point in those

days than now. Mr. Weller was offered a twenty-pound note ($100) and

it was suggested that if the coach were overturned by the bank of a

canal it might be a good thing. Strangely enough an accident happened.

To quote Sam’s words: “You wouldn’t believe it, sir,” continued Sam,

with a look of inexpressible impudence at his master, “that on the

wery day he came down with those voters, his coach _was_ upset on that

’ere wery spot, and every man of them was turned into the canal.” In

the unreformed Parliament, before 1832, the boroughs had each its own

peculiar electorate; and I am glad to use for my information a book

written by two learned scholars now in America, Mr. and Mrs. Porritt.

In not a few places the election of members was vested in the Mayor

and burgesses, in others the different guilds and corporations were

the electors. In one case the franchise was more democratic even than

now, the very tramps who slept in the town of Preston became voters.

Not infrequently the members were nominated by a local magnate. In many

cases the town sold its nomination to the highest bidder; and this

was occasionally the case at Eatandswill, if so be that it represents

Sudbury. But frequently the electors were the so-called “freemen” of

the borough. The name takes us back to mediæval times, when slavery was

in existence, or to the days when the guilds were close corporations,

and no one not free of them could practise any trade. But in later

times the freedom was a matter of inheritance and could even be

taken up, in some cases, by marriage with a “freeman’s” daughter.

The franchise in many towns was enjoyed only by these freemen, and

in Ipswich, to take an example familiar to me, most of them were

non-resident.

In an election in the “twenties,” which is reputed to have cost the

candidates £30,000 ($150,000), I have been told that they chartered

ships to bring electors from Holland. This is, doubtless, why all

the hotels in Eatandswill were crowded, and explains the elder Mr.

Weller’s adventure by the canal. Bribery was illegal; and in a famous

case in 1819 Sir Manasseh Massey Lopez was fined £10,000 ($50,000) and

imprisoned for two years for practising it at Grampound. But it was an

exceptional case; and the Lords threw out the bill for disfranchising

the borough.

Now we are on the subject of political life I cannot resist reminding

you of a perfectly delightful sketch of a political fraud in the

person of Mr. Gregsbury in “Nicholas Nickleby.” He comes into the story

for no particular reason except to give Dickens the joy of describing

the sort of man he had doubtless observed when he was a pressman in the

House of Commons.

Nicholas is present when the deputation arrives to request Mr.

Gregsbury to resign his seat, and Mr. Pugstyles is its spokesman.

“‘My conduct, Pugstyles,’ said Mr. Gregsbury, looking round upon

the deputation with gracious magnanimity, ‘my conduct has been, and

ever will be, regulated by a sincere regard for this great and happy

country. Whether I look at home, or abroad; whether I behold the

peaceful industrious communities of our island home: her rivers covered

with steamboats, her road with locomotives, her streets with cabs, her

skies with balloons of a power and magnitude hitherto unknown in the

history of aëronautics--I say whether I look at home, etc., etc., I

clasp my hands, and, turning my eyes to the broad expanse above my

head, exclaim, Thank God I am a Briton.’” When even this outburst does

not meet with approval and the deputation presses Mr. Gregsbury to

resign, the member reads a letter he has addressed to Mr. Pugstyles

in which he says, “Actuated by no personal motives, but moved only by

high and great constitutional considerations ... I would rather keep my

seat, and intend doing so.” No, in all the changes time has brought,

one thing does not change--our politicians are still the same.

In “Our Mutual Friend” our author touches once more on the state of the

poor and their terror of “the parish.” No one who has read this novel,

with its wealth of characters amazing even for Dickens--for even in his

other works you fail to find so many types as Bella Wilfer, Mr. and

Mrs. Boffin, Fascination Fledgby, the dolls’ dressmaker, Mr. Silas

Wegg, Mr. Venus, Rogue Riderhood, the Veneerings, to mention only a

few--no one, I say, can ever forget the old washerwoman Betty Higden

and her horror of the workhouse, how it haunted her whole life and gave

an additional terror to death, that thereby she would fall into the

hands of the parish and be buried by it. And in this novel Dickens is

as severe on the injudicious charity of philanthropists and faddists as

he is upon the callousness of the guardians of the poor. There is no

more terrible satire on the mistakes of the education of that age than

his delineation of Bradley Headstone. I have never to my recollection

read any discussion of this character but I have often thought that in

Headstone and Charley Hexam, his pupil, he is giving a warning of the

dangers of modern education.

Universal education was not yet adopted in England, which was the

most backward of countries in this respect. But it was in the air,

and Dickens foresaw that some of the principles adopted would prove

serious to the community. He dwells on the mechanical efficiency of

the teaching; the learning to write essays on any subject exactly one

slate long, for example; on the miscellaneous and useless information

imparted; on a Bible teaching which has nothing to do with vital

religion. Dickens recognised that the education of all classes was

killing individuality, and not fostering moral or spiritual qualities.

He recognised that in the type of Charley Hexam it was encouraging a

desire for “respectability,” consisting, not in taking one’s coat off

to work, but in working in a black coat, which was killing the finer

feelings in which the poor often shew to the advantage of the rich. And

in Bradley Headstone Dickens points out, that all this smug education

was powerless to restrain the elemental ferocity of human nature in

the schoolmaster, who looked natural in Rogue Riderhood’s clothes,

and not himself in his decent black coat. There was latent in him all

the ferocity of a hardened criminal; and recent events are shewing how

powerless education is really to civilise the heart of man.

I have spoken of the need of a map of London to understand Dickens,

and I shall now take an extract from “Oliver Twist” to illustrate this

remark. Oliver has just met with John Dawkins, otherwise the Artful

Dodger, who offered to take him to a lodging. “It was nearly eleven

o’clock when they reached the turnpike at Islington. They crossed from

the Angel into St. John’s Road; struck down the small street which

terminates at Sadlers Wells Theatre; through Exmouth Street and Coppice

Row; down the little court by the side of the workhouse; across the

classic ground which once bore the name of Hockley in the Hole, thence

to little Saffron Hill the Great and so on to when they reached the

bottom of the hill, his (Oliver’s) conductor, catching him by the arm,

pushed open the door of a house near Field Lane.”

Now I almost defy anyone to find all these localities in a modern map.

You would have, in the first place, to start in the middle of London at

the Angel at Islington. Sadlers Wells is now in the midst of a network

of streets. It was only when I turned to Northcock’s history of London,

which has a good map dated 1772, that all was plain. Islington was a

village outside London; Sadlers Wells a suburban resort; Exmouth street

was not yet built;[30] but Coppice row, Hockley in the Hole, and of

course Saffron Hill and Field Lane, were all easily found.

In speaking of this great delineator of human character as now needing

explanation and comment, I have no doubt that he belongs to that small

group of writers whose works belong to all ages. We hear complaints in

England that young people do not read him; and the same were made when

we were young.

But with us, and I believe with you, his popularity from time to time

revives, and no educated man or woman can ignore him. The fact that

he has appealed so strongly to the imagination of America is alone a

proof of the universality of his genius; for, like Shakespeare and

the classics of all countries, his works are the property, not of one

people, but of the world. He is not perfect; we should not love him

so much if he were. He has faults of style, of arrangement, even of

taste. It is easy to criticise; but because of his very excellences,

his humour, his pathos, his wide sympathy, his hatred of injustice

and oppression, it seems almost presumption to endeavour to sing his

praises.

May I conclude with those prophetic words he puts into the mouth of

Martin Chuzzlewit on leaving your country, which he made his own by

denouncing its failings as unsparingly as he did those of his own

mother land, in the hope that both you and we, America and England,

would conquer them and become the common benefactors of humanity.

“‘I am thinking,’ said Mark, ‘that if I was a painter and was called

upon to paint the American Eagle, how should I do it?’

‘Paint it as like an Eagle as you could, I suppose.’

‘No,’ said Mark, ‘that wouldn’t do for me, sir. I should want to

draw it like a Bat for its shortsightedness, like a Bantam for its

bragging, like a Magpie for its honesty, like a Peacock for its

vanity, like an Ostrich for putting its head in the mud and thinking

nobody sees it.’

‘And like a Phœnix for its power of springing from the ashes of its

faults and vices and soaring up into the sky.’

‘Well, Mark, let us hope so.’”

APPENDIX TO LECTURE VI

To shew Dickens’ care in collecting his facts the following report of

a case relating to Yorkshire Schools is of interest. It was supplied

to the author by C. S. Kenny, Esq., Downing Professor of the Laws of

England, Cambridge.

CHAPTER II. THE RELEVANCY OF EVIDENCE

[_Evidence must be confined to the points in issue._]

BOLDRON _v._ WIDDOWS

WESTMINSTER N. P. SITTINGS. 1824.

1 CARRINGTON AND PAYNE 65.

This was an action for defamation. The declaration stated that the

plaintiff kept a school, and had divers scholars; and that the

defendant spoke of him in his business of a schoolmaster certain words

there set out. The words were variously laid in different counts;

but they were, in substance, that the scholars were ill fed, and

badly lodged, had had the itch, and were full of vermin. Some of the

counts laid the loss of certain scholars as special damage. Pleas--the

general issue; and justifications, that the whole of the words were

true.

For the plaintiff, several witnesses proved the speaking of the

words, and that the boys were boarded, educated, and clothed, by the

plaintiff, at £20 a year each, near Richmond in Yorkshire: and the

usher of the school was called to prove that the boys were well fed

and well lodged, and had no itch. In his cross-examination it appeared

that there were between eighty and ninety boys; that about seventy of

them had had a cutaneous disease; and that they all slept in three

rooms close to the roof, with no ceiling; and that there was a general

combing of the heads of the whole school every morning over a pewter

dish, and that the vermin combed out were thrown into the yard; no

boy was free from them. A piece of bread of a perfectly black hue was

shewn him: he did not think the bread in the school so black as that.

The witness having stated that he had himself been at the Appleby

grammar-school, the plaintiff’s counsel wished to ask him what was the

quality of the provisions used by the plaintiff’s school, compared

with those consumed by the Appleby grammar-school.

The defendant’s counsel objected to this.

ABBOTT, C.J. That cannot be asked; what is done at any particular

school is not evidence. You may shew the general treatment of boys at

schools, and shew that the plaintiff treated the boys here as well as

they could be treated for £20 a year each, for board, education, and

clothes.

One of the plaintiff’s scholars was then called to prove the

plaintiff’s good treatment of them.

In cross-examination, the defendant’s counsel wished to ask him

whether the plaintiff did not set the boys to plant potatoes in school

hours?

ABBOTT, C.J. I do not think you can ask this; the issue here being

whether the plaintiff’s scholars were ill fed, badly lodged, had the

itch, and had vermin. Nothing has been said as to their being badly

educated. Their education is not in question here.

_Gurney_, for the defendant, addressed the jury, and called witnesses

to prove the truth of the words.

Verdict for the plaintiff, damages £120.

FOOTNOTES:

Social life in England, 1750-1850 · 第 9 / 13 段