Studies in Contemporary BiographyBryce, James Bryce, Viscount
History
Studies in Contemporary Biography
Bryce, James Bryce, Viscount
Great Britain -- Biography
cause might stand, it was never safe to be away from the court, so
rapidly were cases "crumpled up" or "broken down" under the blows of
this vigorous intellect. It was more surprising that the suitors, as
well as the Bar and the public generally, acquiesced, after the first
few months, in this way of doing business. Nothing breeds more
discontent than haste and heedlessness in a judge. But Jessel's speed
was not haste. He did as much justice in a day as others could do in a
week; and those few who, dissatisfied with these rapid methods, tried
to reverse his decisions before the Court of Appeal, were very seldom
successful, although that court then contained in Lord Justice James
and Lord Justice Mellish two unusually strong men, who would not have
hesitated to differ even from the redoubtable Master of the Rolls.
As I have mentioned Lord Justice Mellish, I may turn aside for a
moment to say a word regarding that extraordinary man, who stood along
with Cairns and Roundell Palmer in the foremost rank of Jessel's
professional contemporaries. Mellish held for some years before his
elevation to the Bench in 1869 a position unique at the English
Common-law Bar as a giver of opinions on points of law. As the
Israelites in King David's day said of Ahithophel that his counsel was
as if a man had inquired at the oracle of God,[25] so the legal
profession deemed Mellish practically infallible, and held an opinion
signed by him to be equal in weight to a judgment of the Court of
Exchequer Chamber (the then court of appeal in common-law cases). He
was not effective as an advocate addressing a jury, being indeed far
too good for any jury; but in arguing a point of law his unerring
logic, the lucidity with which he stated his position, the cogency and
precision with which he drew his inferences, made it a delight to
listen to him. The chain of ratiocination seemed irrefragable:
+en d' ethet' akmotheto megan akmona, kopte de desmous
arrhektous alutous, ophr' empedon authi menoien.+[26]
He had, indeed, but one fault as an arguer. He could not argue a point
whose soundness he doubted as effectively as one in which he had
faith; and when it befell that several points arose in a case, and the
Court seemed disposed to lay more stress on the one for which he cared
little than on the one he deemed conclusive, he refused to fall in
with their view and continued to insist upon that which his own mind
approved.
Public-domain text, read in full here on John Shaqi.
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