Great Britain -- Social life and customs -- 19th century
in Chancery were, too, in those days almost as important functionaries
as the judges themselves. Judges’ Chambers were not then in existence,
and much of the work which now comes before the judges was disposed of
by a master, as well as such business as the investigation of titles,
the taking of accounts, and the purely administrative functions of the
Court. All these duties they discharged with closed doors and free from
any supervision worth talking about. They, too, were paid by fees,
their receipts amounting to an immense sum, and it was to them that
the expense of proceedings was largely due. The agitation for their
abolition, although not crowned with success until fifteen years later,
was in full blast fifty years ago.
At law, matters were little better. ‘Justice was strangled in the nets
of form.’ The Courts of King’s Bench, Common Pleas, and Exchequer
were not only at conflict with Equity, but in a lesser degree with
each other. The old fictions by which they ousted each other’s
jurisdiction lasted down to 1831, when, by statute, a uniformity of
process was established. It seems nowadays to savour of the Middle
Ages, that in order to bring an action in the King’s Bench it should
have been necessary for the writ to describe the cause of action to
be ‘trespass,’ and then to mention the real cause of action in an
_ac etiam_ clause. The reason for this absurd formality was that,
‘trespass’ still being an offence of a criminal nature, the defendant
was constructively in the custody of the Marshal of the Marshalsea,
and therefore within the jurisdiction of the King’s Bench. In the
same way a civil matter was brought before the Court of Exchequer by
the pretence that the plaintiff was a debtor to the King, and was
less able to pay by reason of the defendant’s conduct. The statement,
although in ninety-nine cases out of a hundred a mere fiction, was not
allowed to be contradicted. But the fact that the jurisdiction of the
Court of Common Pleas was thus entrenched upon was less serious than it
might have been, since in that court the serjeants still had exclusive
audience; and, distinguished as were the members of the Order of the
Coif, it is easy to understand that the public preferred to have their
pick of the Bar.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account