The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
Near the end of that century the same idea was expressed with singular
frankness in a manual on "The Office of the Clerk of the Peace,"
published in 1682. In an address "to the reader," which precedes the
second part of the volume, the author explains the object of the book.
After saying of the justices of the peace that their birth is a glory to
their seats, he continues:--
"But divers of these Gentlemen having not been conversant in the
Practice of the Ordinary Courts of Justice, often in the absence of
those worthy Persons, who be associated with them for their Learning in
the Law, meet with many difficulties and discouragements."
Coming down to the eighteenth century there is the case of Squire
Western and his clerk in "Tom Jones"; and later in the same novel the
scene in the inn at Upton, where the strange justice is unwilling to act
because he has not with him his book or his clerk. The reader will
probably remember Justice Foxley and his clerk in "Redgauntlet"; and
also Dickens's burlesque of the relation in the scene at Ipswich, where
after much whispering between the justice (Mr. Nupkins) and his clerk
(Mr. Jinks) the magistrate says to Mr. Pickwick:--
"An information has been sworn before me that it is apprehended you are
going to fight a duel, and that the other man, Tupman, is your aider and
abettor in it. Therefore--eh, Mr. Jinks?"
"Certainly, Sir."
"Therefore, I call upon you both to--I think that's the course, Mr.
Jinks?"
"Certainly, Sir."
"To--to--what, Mr. Jinks?" said the magistrate pettishly.
"To find bail, Sir."
"Yes. Therefore, I call upon you both--as I was about to say, when I was
interrupted by my clerk--to find bail."
The satire here is particularly keen, because before the public the
magistrate always takes the whole credit to himself, and is very
sensitive about having the world believe that he is under the control of
his clerk.
[Sidenote: Lay Chief with Expert Subordinate an English Usage.]
Leslie Stephen, I think, remarks somewhere that the characteristic
feature of the English system of government is a justice of the peace
who is a gentleman, with a clerk who knows the law; and certainly the
relationship between the titular holder of a public post, enjoying the
honours, and assuming the responsibility, of office, and a subordinate,
who, without attracting attention, supplies the technical knowledge and
largely directs the conduct of his chief, extends throughout the English
government from the Treasury Bench to the borough council. Perhaps,
indeed, it is not altogether fanciful to attribute the ease with which
the principle has become established in the national government to the
fact that the members of Parliament, and the ministers as well, have
been drawn in the past mainly from the same class as the justices of
the peace, and have brought with them to a larger sphere the traditions
of the local magistrate.
[Sidenote: Influence of Permanent Officials in the Colonial Office.]
Public-domain text, read in full here on John Shaqi.
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