The Greville Memoirs, Part 2 (of 3), Volume 1 (of 3): A Journal of the Reign of Queen Victoria from 1837 to 1852Greville, Charles
History
The Greville Memoirs, Part 2 (of 3), Volume 1 (of 3): A Journal of the Reign of Queen Victoria from 1837 to 1852
Greville, Charles
Great Britain -- History -- Victoria, 1837-1901
magistracy are worse than useless, without consideration,
resolution, or judgement. There is every reason to suppose that
they have got into a scrape with their arrest of Stephens, the
great Chartist orator, and that there is no case against him
sufficient for a conviction.[9] The magistrates completely lost
their heads, and between their fears and their folly have
blundered and bothered their proceedings miserably, and so as to
afford an ultimate triumph to this mischievous fellow and his
followers.
[9] [One Stephens, formerly a Wesleyan preacher, and one of
the most violent agitators against the New Poor Law,
was apprehended near Manchester on December 27. He had
used most incendiary language, but was liberated on
bail, and soon afterwards addressed a meeting of 5,000
people at Ashton-under-Lyne. There seems to have been
no case against him.]
January 11, 1839 {p.156}
A great field-day at the Council Office yesterday to hear the
Petition of the Serjeants against the order of the late King
opening the Court of Common Pleas to all barristers. It was
Brougham's order.[10] The Chancellor, Vice-Chancellor, Master of
the Rolls, three Chiefs, all the Puisne Judges who are Privy
Councillors, Lushington, Wynford, and Brougham sat. Follett and
Charles Austin were counsel for the Serjeants, and the Attorney
and Solicitor-Generals ordered to attend, and seated at a table
in court. Follett spoke for four hours, and Austin for two, and
did not finish. A vast deal of historical research was displayed,
but it was not amusing nor particularly well done. The Serjeants
were present (the five petitioners), and Wilde prompting Follett
all the time. There seemed no difference of opinion among the
Judges, at least with those I talked to, and the King's mandate
(for such it was to the Chief Justice of the Common Pleas, and
under the sign manual, though countersigned by nobody) will be
declared waste paper, and matters be replaced on their ancient
footing till Parliament may otherwise determine. Brougham
appeared considerably disconcerted, and though he tilted
occasionally with the counsel, he was on the whole quieter than
usual and than I expected he would have been. This order was one
of those things he blurted out in that 'sic volo sic jubeo' style
which he had assumed, and without consideration, probably without
consultation with anybody, or he might easily have avoided the
commission of such a blunder.
Public-domain text, read in full here on John Shaqi.
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