INTRODUCTION.

There are few things more familiar or more interesting to the public than

this _cause celebre_. It is better known than many a real case: for

every one knows the Judge, his name and remarks--also the

Counsel--(notably Sergeant Buzfuz)--the witnessess, and what they

said--and of course all about the Plaintiff and the famous Defendant. It

was tried over seventy years ago at "the Guildhall Settens," and was

described by Boz some sixty-three years ago. Yet every detail seems

fresh--and as fresh as ever. It is astonishing that a purely technical

sketch like this, whose humours might be relished only by such

specialists as Barristers and Attorneys, who would understand the jokes

levelled at the Profession, should be so well understanded of the people.

All see the point of the legal satire. It is a quite a prodigy. Boz had

the art, in an extraordinary degree, of thus vividly commending trade

processes, professional allusions, and methods to outsiders, and making

them humourous and intelligible. Witness Jackson, when he came to

"serve" Mr. Pickwick and friends with the _subpoenas_. It is a dry,

business-like process, but how racy Boz made it. A joke sparkles in

every line.

This trial for Breach has been debated over and over again among lawyers

and barristers, some contending that "there was no evidence at all to go

to the Jury" as to a promise; others insisting on mis-direction, and that

there was evidence that ought not to have been admitted. The law has

since been changed, and by later Acts both Mrs. Bardell and Mr. Pickwick

would have been allowed to tell their stories and to have been

cross-examined. Mrs. Bardell was almost justified in supposing that Mr.

Pickwick was offering his hand when he was merely speaking of engaging a

man-servant. But then the whole would have been spoiled. Under the

present systems, this would all have come out. Mr. Pickwick, when it

came to his turn, would have explained what his proceedings meant. It is

a most perfect and vivid satire on the hackneyed methods of the lawyers

when dealing with the witnesses. Nothing can be more natural or more

graphic. It is maintained to something between the level of comedy and

farce: nor is there the least exaggeration. It applies now as it did

then, though not to the same topics. A hectoring, bullying Counsel,

threatening and cruel, would interfere with the pleasant tone of the

play; but it is all the same conveyed. There is a likeness to Bardell

_v._ Pickwick in another Burlesque case, tried in our day, the well-known

"Trial by Jury," the joint work of Mr. Gilbert and the late Sir Arthur

Sullivan. The general tone of both is the same and in the modern work

there is a general Pickwickian flavour. Sir Arthur's music, too, is

highly "Pickwickian," and the joint effort of the two humorists is

infinitely diverting. The Judge is something of a Stareleigh.

The truth is that Boz, the engenderer of these facetiae, apart from his

literary gift, was one of the most brilliant, capable young fellows of

his generation. Whatever he did, he did in the best way, and in the

brightest way. But his power of observation and of seeing what might be

termed the humorous _quiddity_ of anything, was extraordinary.

To put absurdity in a proper view for satirical purposes, it has to be

generalised from a number of instances, familiar to all. Those legal

oddities, the public had seen over and over again, but they had passed

unnoticed till this clever observer set to work and noted them. As I

say, it required a deep knowledge of the law to set these things in a

grotesque light.

Boz had been a sort of general reporter on the _Chronicle_: he "took"

everything. He had reported at police courts as well as at the law

courts. His quick and bright intelligence seized the humours here, as it

did those of the street. He later reported in the Gallery, and was

dispatched across country in post-chaises to "take" eminent political

speakers--always winning the hearty commendation of his employers for his

zeal and energy.

Bardell v. Pickwick · 第 3 / 23 题