very concerning the latter, are equally applicable to the former. A party summons' another to appear before a judge, to show cause why he should not do a particular thing; and that other party then appears before the judge at chambers-which may be done either in term time or vacation— and the matter is discussed before him by counsel, in difficult cases, or by attorneys. This chamber business is a arduous part of the duties of the Common Law judges. When the public cease to see them presiding in open court, or at Nisi Prius, possibly they imagine that these learned persons are recreating themselves from the fatigue of their public duties. Quite the contrary; they are sitting for many hours together in their rooms at Rolls' Gardens, near the bottom of Chancery Lane, amidst an eager throng of barristers, pleaders, attorneys,* and attorneys' clerks ; whose fierce wranglings are often a very severe trial of the patience of a man already,—it may be-exhausted by five or six hours' sitting in court, during, or after term time. In this manner, moreover, is spent the greater part of every day during the circuits, by the judge whose happy lot it is "to remain in town." When to these we add the heavy duties devolving on them at their own houses, in reading their 'papers'—often very voluminous, and preparing their judgments their labours at the Privy Council, the Old Bailey, and elsewhere in town-and the very severe and exhausting labours of circuit, when for two months together they sit from nine o'clock in the morning till five, six, seven, and sometimes ten o'clock at night, having quitted the court, during that long period, only for some five * Out of courtesy to the Bar, the judges permit counsel, and also pleaders, in arguing, to sit at the same table with them: it is the etiquette for the attorneys to address them standing. minutes' time to take a hasty lunch in an adjoining room : -when all these things are borne in mind, it will easily be believed that the office of a Common Law judge of modern times, is one of the most laborious that can well be imagined. It was once otherwise; and we may imagine one of our present judges enjoying the following pleasant picture of auld lang syne, with a very lively consciousness of the contrast between the situation of the judges of 1445 and of 1845! Thus speaks Fortescue, the Chancellor of Henry VI.* "You are to know, further, that the Judges of England do not sit in the King's Courts above three hours in the day, that is from eight in the morning till eleven. The courts are not open in the afternoon. The suitors of the court betake themselves to the Pervise,† and other places, to advise with the SERGEANTS - AT - LAW, and other their counsel about their affairs. The Judges, when they have taken their refreshments, spend the rest of the day in the study of the laws, reading of the Holy Scriptures, and innocent amusements at their pleasure. It seems rather a life of contemplation than of much action. Their time is spent in this manner, free from care and worldly avocations." Having thus sketched the Common Law judicial province, let us now bestow a few words upon that of the advocate. * Fortescue, De Laud. Chap. li. †This, says Mr. Selden, means an afternoon's exercise, or resort, for the instruction, in the law, of young (parvos) students; being the same name with the Parvisie in Oxford, as they call their sittings general in the schools, in the afternoon. To this ancient custom Chaucer thus alludes in his "Serjeant:" "A serjeant at law, ware and wise, That often had been at the Pervise.” A pleading barrister in full or even fair practice, leads a very anxious and harassing life. To him are entrusted the responsible duty of drawing critical pleadings, and advising on important cases, each requiring much deliberation : but he has also to repair, in term time, to Westminster by ten o'clock A.M., where he is engaged in one or other of the courts, or in momentary expectation of some case of his being called on probably in each of the courts, which he cannot quit till nearly five o'clock. On reaching his chambers, he finds his pleadings and cases in such arrear, as to require his presence there, after a hasty dinner, till ten, twelve, and often two o'clock in the morning: yet must he be at Westminster, or Guildhall, either in, or after, term, by ten or half-past nine, or often by half-past eight o'clock, for early consultations, and prepared for the various exigencies of the day. He may be summoned off to attend the House of Lords, the Privy Council, several Parliamentary Committees, or Judges' Chambers or elsewhere, at a moment's notice; with the prospect of several consultations and arbitrations to attend in the evening, in addition to his heavy chamber business. Then comes circuit twice a-year, viz. about the middle of February and July in each year; and if he be here also in full practice, his energies are severely tried. His precious respite is the Long Vacation, viz. from the close of the circuits, about the beginning of September, till about the end of October; during which interval he may, and generally does, recruit his exhausted faculties, physical and intellectual, by foreign travel,* or sojourn in any • It is quite exhilarating to contemplate the joyousness of this temporary emancipation, as depicted in the recently-published "Vacation Rambles and Thoughts" of an eminent, amiable, and most successful member place, at home, which admits of his utter obliviousness of Inns of Court, Westminster, Guildhall, or the circuit. We have, in the preceding paragraph, merely alluded to one or two other tribunals than those of the ordinary common law courts, before which the common law counsel is called to appear and plead. Firstly. The HOUSE OF LORDS. This august tribunal sits only during the session of Parliament; and being the ultimate court of appeal for the whole kingdom, both in civil-principally in equity cases-and criminal matters, is one which requires a very extensive grasp of knowledge in those who are entrusted with the conduct of divorce cases, writs of error, and appeals. At the bar of the House of Lords appear indifferently members of the English, the Scotch, and the Irish bars; and in the first case, without distinction between common law and equity counsel. Much judgment and experience are required in drawing the "cases" on which the hearing proceeds: a duty devolving on the junior counsel. When, too, it is recollected that the most difficult and intricate questions arising out of Scotch law, which is altogether different from that of Ireland or England, are often entrusted to English common lawyers, associated with members of the Scotch bar, it is obvious how dangerous will be the consequence of non-acquaintance with the law of Scotland. Secondly. THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. This is a tribunal which may be said to have been of our profession, Mr. Serjeant Talfourd. This gentleman is a brilliant instance of the compatibility of distinguished excellence in literature and in law. ["Vacation Rambles and Thoughts, comprised in the Recollections of Three Continental Tours, in the Vacations of 1841, 1842, and 1843. By T. N. Talfourd, D.C.L., and Serjeant at Law."] created, or at all events established in its present form, in the years 1832, 1833, and 1844, by statutes 2 & 3 Will. IV., c. 92; 3 & 4 Will. IV., c. 41; and 6 & 7 Vict., c. 38; which erected a permanent Judicial Committee of the Privy Council, for the disposal of appeals, and such other matters as the Queen in Council may refer to them. It possesses and exercises an extraordinary extent of authority, which, together with its capacity duly to exercise such authority, was thus delineated by the Lord Chancellor (Lyndhurst), in the debate which took place in the House of Lords, on the 11th April, 1842:-- "It is admirably adapted for the business it has to perform. There are various kinds of law agitated or discussed, considered, and decided before this tribunal. Questions of civil and ecclesiastical law come before it. There are judges who have been brought up in practising and administering the civil and ecclesiastical laws; and when questions of this kind arise, their attendance is required, and they form part of the court for deciding these questions. Then there are questions of what in England is called Equity. There are judges from the equity courts members of this tribunal; and when questions of that kind are discussed, their attendance is required, and they form part of the court. Again, questions of common law are considered and decided. There are members of that court who are judges of common law; and they attend on these occasions to assist in decision. Nay, more, there are questions of Hindoo and Mahometan law discussed before that tribunal; the result of which is of the utmost importance to the parties. The court has then the assistance of persons who, having practised as judges in India, are familiar with such questions." |