Social life in England, 1750-1850Foakes-Jackson, F. J. (Frederick John)
History
Social life in England, 1750-1850
Foakes-Jackson, F. J. (Frederick John)
England -- Social life and customs -- 18th century; England -- Social life and customs -- 19th century
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.
Public-domain text, read in full here on John Shaqi.
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