18

On the Character of the present Lord Chancellor, as a Law Reformer.

with offices where the details of the business of the Court are carried on. The Six Clerks' office, the Registrar's office, and the Masters' office, all were comprised in the Bill as it was brought forward by the Chancellor; but the Six Clerks were wrenched from his grasp by their friends in the House of Lords, and the Bill was confined to the Registrar and the Master." 57-59.

gives the Lord Chancellor the credit he deserves for having done them away,—relieving the suitors, according to his calculation, to the extent of 63,6701. per annum, in addition to the reduction of 28,000l. by the Bankruptcy Court Act.

The Reviewer, however, enters into the merits of this statement with great eager

ness.

The changes in these offices are then recapitulated; the shortening decrees and in the House of Commons, for years pointed "Lord Brougham," he says, "had, when orders in the Registrar's Office; the abo- out these offices as proper to be abolished. He lition of copy-money and gratuities in the again did so on his mountebank examination Masters' Offices; the abolition of the Chan-(we shall be understood by those who were cery Sinecures, and the reduction of Costs to the Suitor.

On this the Quarterly Reviewer says:

"This last statement is far from being true; and as we happen to observe, it is tardily cor rected in the (nominally) sixth edition of the pamphlet. As to the rest of the matter, the Government know that the attack which Lord Brougham made on his predecessor is unjust. Lord Lyndhurst, when Chancellor, carried through the House of Lords a well-weighed measure, preparatory to the general reform of the Court, which was defeated in the House of Commons mainly by the Whigs, with Mr. Brougham at their head. The Duke of Wellington's government had undertaken to revise the whole system. Sir Edward Sugden, the then solicitor-general, after Easter 1830, gave notice in the House of Commons that he should, early next session, introduce a bill to amend the administration of justice in the Court of Chancery. When the duke's government ceased to exist, Sir Edward took occasion to state the improvements which had been contemplated. We have a copy of his speech before us, published in January 1831; it was delivered on the 16th of December 1830. Now we there find all the boasted devices since made by Lord Brougham: the shortening of decrees-the placing the masters' offices on a better footing -the lowering of their salaries-the abolishing of copy money and gratuities to the clerks aye, even the abolition of sinecure or overpaid offices of the Court, and regulation of the six clerks, besides many other improvements not yet adopted."

ap

present a) in the committee of salaries, after he had become Lord Chancellor, and the recommendation of the committee in favour of his large salary was grounded upon the giving up of these offices, and an excellent bargain, as things stood, he made: so that in good truth he sold his right to the offices, and sold it well. There was a general consent of the ministers to accept of reduced salaries; but the Chancellor contrived to escape present reduction, and to have his retiring salary increased, because he relinquished offices which, as matters stood, neither he nor any other man could have retained. His friend Lord Plunkett was cut down from 10,000l. to 80007. a-year, and his other friend, Sir Thomas Denman, was also fain to be content with 80007., instead of his predecessors' 10,000l. a year. In the result, Lord Brougham gets, not what his friends-of course as they failed he disowned them-asked for him, but only 14,0007. a year clear, payable by the public, and not collected as heretofore, in driblets, and 50001. a year retiring pension. His predecessor, who had only a twentieth part of his patronage, got hardly, after paying the Vice Chancellor, more salary, and his retiring pension was only 40007. Lord Brougham had besides the benefit of daily taking credit with the public for his great pecuniary sacrifices.”

The alterations in the Privy Council are next alluded to; but as the Lord Chancellor is not responsible either for the good or the evil of the measure, we need not here discuss it.

The Reviewer then goes into the Bankruptcy Bill, and restates some of the objecThe Reviewer might also have said, that tions to it which were urged by our contribunearly all the improvements were recomtor" A Barrister," at the time it passed, and mended by the Chancery Commission of which, certainly, quite enough has been pointed in the time of Lord Eldon, as ap-been appointed by Lord Brougham, and then said. He glances at the Masters who have pears by our Commentaries" on the Chancery Regulation Act; so that a great share goes to the Local Courts and the Registry of the merit is due neither to Lord Brougham's nor Lord Lyndhurst's administration, but to Lord Eldon's. The praise of having carried the measure through the Commons is due to the present Chancellor.

The author of the pamphlet then enumerates at length the offices abolished, and

Bills.

a Subsequently, it is said, "Lord Brougham talked over the salaries' committee delight

fully. He told them of his additional housedrunken coachmen, the embroidery of his bag, maids, expensive liveries, two carriages and and such small deer,' and not unavailingly."

On the Character of the present Lord Chancellor as a Law Reformer.

19

"This," he says, "is not the time and place "Sad is the prospect of the law of England! to examine these measures in detail; they will The head is no longer to be amongst the nobles both, if established, lead to great expense and of the land, and the nobles of the land are patronage; the latter measure, indeed, to an doomed to have torn from them the shining extent of patronage far beyond any thing ever ornaments of both the church and the law. vested in any individual. The Chancellor may Lord Brougham never ranked as an accomwell struggle for it. Invest him with the pa-plished lawyer. Of equity-now his proper tronage to be created by that bill, in addition province-he knows scarcely anything, and to the partizans whom he daily secures by his he has not a judicial mind. His real arrière appointments under the commissions constantly pensée is, we do not doubt, to be Prime Miissuing, and he would be unconstitutionally nister; but at all events, he is to become altopowerful. His colleagues appear to us scarcely gether a political Chancellor; an office new to be aware of the power he evidently grasps at, in England, but well known as one of the most and is daily centering in his own person. The monstrous abuses of the old regime of France Local Courts Bill is an attempt to throw us is to be created, the passport to which will be back from where we started. Local Courts politics, and not legal knowledge. The law were abandoned because they were found not will be at the feet of the political judge; not to answer. Welsh-Judgeships, though open presiding daily over the bar, and fearing neito some only of the objections which apply to ther its power nor its censures, he will in his resident local judges, were abolished with Mr. judicial patronage forward his own views, Brougham's warm approbation, as a great evil, which will be purely political. The law in and provision was made for administering the every stage will be overrun with political law to the Welsh in like manner as to the rest adventurers. The Lord Chancellor will no of the empire. The pamphleteer impudently longer be at the head of the great legal says, that the measure was recommended by family upon whose honour, courage, and ability, the united voices of the common law commis- our lives and fortunes, even our liberties, sioners. Now this is not true. They recom- must always in some measure depend. The mended a very different measure, and do not, Court of Appeal, with such a political officer we understand, support the Lord Chancellor's at its head, will lose its legitimate influence, bill. If patronage is not the object, why not for the Judge will never be a sound first-rate introduce into the existing Courts the proposed lawyer. It is easy to predict that we shall amendment for shortening the process? Mr. not be long without a violent convulsion, when Cobbett, who has seen the drift of the measure, the law ceases to be duly administered. Some has truly described it as a curse to the poor time will, no doubt, elapse before this is disman. Indeed, it places him directly in the covered; for although an incompetent Judge power of the rich; for the appeal which is given is sure to expose his ignorance in deciding oriwould, wherever the rich were defeated below, ginal causes, yet an appellant Judge may easily lead to a new litigation before the Judges in disguise his want of knowledge in the indivitown, and thus the alleged boon to the poor dual case, until it is discovered in the result man would be destroyed. We are inclined to that every rule has been destroyed, and the believe that there never was a greater curse to practical lawyer has no compass by which he a country than cheap law brought to every can steer." man's door-litigation made easy. It would plunge the lower classes into endless wretchedness and misery. The country would swarm with political barristers without principle and without law, and needy attorneys; and every trifling dispute would be fomented into a regular suit, for otherwise the barristers and attorneys must starve, and the judges become

sinecurists."

Much of this is certainly overcharged, and written with the pen of a political opponent. That, however, there may be some foundation for the idea, is shewn by the two following passages in the pamphlet, written by semi-official authority, if not, as it is said by the Reviewer, by the very person who should best know the future intentions

Thus far the Reviewer. We shall possibly next week give our answer to the parts of the pamphlet which advocate the Local Courts Bill and the Registry Bill, which we shall then quote verbatim. We have now only room for the summing up which the Reviewer gives of the noble Lord's character as a Law Reformer, and of his presumed intentions. Far be it from us to agree to it. If it were true, we know what would be the duty of every man in the country; never-poned to next year. p. 63. theless we give it, because the bare probability of its being correct should put us all on our guard.

of the Lord Chancellor.

"The last of the Lord Chancellor's legal reforms this session, was a bill for the separation of the judicial from the political function of the Great Seal, for the appointment of a of Appeal in Chancery. The salary of the Chief Judge, and the establishment of a Court Lord Chancellor was proposed to be reduced from 14,000l. to 80007. a year. The great pressure of business caused the bill to be post

"But there is another and a far more im

portant question concerned with this subject; viz. the promise which the reform (the Privy Council Act) holds out, that ere long, the conSee the difference pointed out, 6 L. O. stitution of the highest Court of Appeal will

129 -Ep.

B 2

20

Changes in the Law made during the last Session of Parliament.

receive that consideration, and undergo that power of giving evidence in criminal matimprovement, which its present constitution ters, which had been long considered an so urgently demands. It is but reasonable anomaly, and was particularly pointed out to suppose, that the same views, and the same spirit, which induced the present minis- as such by Mr. Phillips, in his work on try to propose and perfect this amendment, Evidence, vol. 1. p. 24. On that gentlewill not be backward in giving efficiency and tleman becoming Secretary of State for the perfection to the Court which is the highest Home Department, he prepared a bill for known to the constitution; and that the re- remedying this admitted defect. This was form of the appellate jurisdiction of the Privy brought in by the Marquis of Lansdowne, Council will lead to the establishment of a then Secretary of State, and was passed well organized and efficient Court of Appeal, into law, being the 9 G. 4. c 32, under instead of that now existing; which is in fact, in nine cases out of ten, an appeal to a single Judge, (and not seldom from his own decisions) assisted only by a bishop and a lay lord, attending under penalty, and according to a rota." p. 65.

which their affirmation is received as well in criminal as civil cases.

By the 3 & 4 W. 4. c. 49. § 1, it is enacted, that every person of the persuasion of the people called Quakers, and every Moravian, be permitted to make his or her solemn affirmation or declaration, instead of taking an oath, in all places and for all

Here, for the present, we leave the subject. Backed as he is, and powerful above all existing statesmen; clothed with the highest judicial authority in the realm; gift-purposes whatsoever where an oath is or ed with surpassing talents, if not to conceive, at least to enforce, and execute, the Lord Chancellor may be a blessing to his country: if otherwise, he will be the bitterest curse that ever was inflicted on it. Let us hope the best.

shall be required either by the common law or by any act of parliament already made or hereafter to be made, which said affirmation or declaration shall be of the same force and effect as if he or she had taken an oath in the usual form; and if any such person making such solemn affirmation or declaration shall be lawfully convicted wilfully, CHANGES MADE IN THE LAW IN declared any matter or thing, which if the falsely, and corruptly to have affirmed or

THE LAST SESSION OF PARLIA-
MENT, 1833.

No. XIV.

THE QUAKERS, MORAVIANS, AND SEPARATISTS'

ACTS.

same had been in the usual form would have amounted to wilful and corrupt perjury, he or she shall incur the same penalties and forfeitures as by the laws and statutes of this realm are enacted against persons convicted of wilful and corrupt perjury, any law, statute, or custom to the contrary notwithstanding: Provided always, shall be in the words following; (that is to that every such affirmation or declaration say,)

"I, A. B., being one of the people called Quakers [or one of the persuasion of the people called Quakers, or of the United Brethren called Moravians, as the case may be,] do solemnly, sincerely, and truly declare and affirm."

3 & 4 W. 4. c. 49. 3 & 4 W. 4. c. 82. On the assembling of the present Parliament, one of the first questions which arose was whether Mr. Pease, a Quaker, who had been elected a member, could sit, inasmuch as he could not take the required oaths. We then discussed the question,a and were of opinion that he could do so; and of that opinion were a Committee of the House of Commons, who reported in his favour. However, the Legislature has thought proper to put the matter completely at rest, and to pass a general act which gives the affirmation of a Quaker, in all respects and in all places and matters, the virtue of an oath. By the 1 W. & M. c. 18. § 15, their declaration of fidelity was sub-granting the People called Quakers such stituted for the oath of allegiance; and ever since the 7 & 8 W. 3. c. 34, their affirmation has been received in all civil matters. They had, however, until very lately, no

a See 5 L. O. p. 60, 294.
b See the Report, 5 L. O. p. 331.

And it is further enacted, that instead of the form of affirmation prescribed in lieu of the abjuration oath by an act of the eighth year of the reign of his late Majesty King George the First, intituled "An Act for

Forms of Affirmation or Declaration as may remove the Difficulties which many of them lie under," and instead of the form of the oath of abjuration prescribed by an act of the sixth year of the reign of his late Majesty King George the Third, intituled "An Ап Act for altering the Oath of Abjuration and

Changes in the Law.-Plans of Registering Deeds in 1671 and 1678.

the Assurance, and for amending so much | PLANS OF REGISTERING DEEDS of an Act of the Seventh Year of her late Majesty Queen Anne, intituled An Act for the Improvement of the Union of the two Kingdoms,' as after the Time therein limited requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason or Misprision of publications in support of, or in opposition Treason," every person of the persuasion of the people called Quakers shall be permitted to make his or her solemn affirmation in the words set out in the act.

22

Plans of Registering Deeds in 1671 and 1678.

wealth and honor acquired by their predecessors in their functions, may see cause of despairing the like to themselves, if this preventive remedy be set on foot.

This pamphlet was answered by one in sixteen pages quarto, entitled, "The Pretended Perspective Glass; or, some Reasons, of many more which might be offered, against the proposed Registring ReformLondon, 1671:" in which, after stating the general mischief of innovation, and other circumstances not connected with the present times, the writer adds,—

ation.

for a Registry; shewing briefly the great Benefits and Advantages that may accrue to this Nation thereby; and likewise reconsidering those mistaken Inconveniences which many have conceived thereof."

The preface commences thus

"To premise to any how unhappily the several purchasers and mortgagees of lands in this nation, are obnoxious to the indirect practices and frauds of such as have occasion to sell or mortgage their land, is a labour I conceive may well be spared, since the clamours of too many who have unfortunately suffered under those circumstances may give us a most evident demonstration thereof; and to enumerate those many sufferers were as endless a

which have been practised about purchases and mortgages for many years last past have made them weary of dealing in that nature, and our present laws being deficient of a re. medy, the mischief is grown to that height as to become a disease almost past the hopes or possibility of a redress, we may the more excusably imitate those doctors, who in desperate diseases adventure to apply new and unusual remedies. I have therefore presumed to offer some reasons for a Registry," &c.

"The office of General Remembrancer of all Incumbrances hath several parliaments in the reign of King James troubled and at-task: but because the multiplicity of frauds tended them for a confirmation, and could never obteyn it was refused and certified by Sir Edward Coke and the Judges to whom it was referred, to be against the weal publique; missed of its purpose in the Parliaments of King Charles the Martyr; was entertained by Oliver, and his ignorant and mechanick party, as a ready means to level and overturn our laws, and make his saints some seats on business of judicature in the several counties; but went no farther than its embrio, because his so called Parliament could not agree, in six months time, what should be called incumbrances and hath been rejected in a late session of this parliament.”

After stating that no bank can so conveniently secure money to be lent for the advancement of trade as lands, if the transferring the same could be brought under a convenient method as to become a practicable and unavoidable security, the writer proposes a registry of all titles or incumbrances as a remedy. But he acknow

The pretences of suits and contentions, and the fears of purchasers and mortgagees, it was stated, would vanish, and no more disturb their fancies, when the fines and recoveries would demonstrate plenty of pur-ledges that prejudices lie in the way.— chases and a great deal of land sold :

"1st. That it would be a vast charge for men to be obliged to register the several deeds that they may have concerning the titles of their estates.

"And the records and decrees of Chancery (being the Pool of Bethesda) whither all men deceived by mortgages or fraudulent conveyances do come for relief, can, if compared with "2dly. That by this means the private conthe number of fines and recoveries, and bar-cerns of one man's estate may be publicly gains and sales, that do pass in every year, testifie that there is not much above one in every thousand that falleth into such a misfortune.

exposed to the knowledge of any other that will but peruse the registry.

"3dly. That such a registry would be no security against statutes, judgments, and re

There are other difficulties which may be objected against a registry, but they are of more private concern."

"And that if it were fit or could be reason-cognizances. able for the people of England to experiment all those mischiefs and inconveniences which may as certainly as sadly happen to us, as it did to the well-wishing daughter of Pelias, who destroyed him against their will, by letting out his old blood in the hopes of new; yet the registring reformers can never arrive to any other end of their proposals, than that of getting offices and imployments to ruin or perplex the people."

This last pamphlet was answered in the same year, 1678, by one in twenty-two pages, entitled, "Reasons against a Registry for Lands, &c.; shewing briefly the great Disadvantages, Changes, and Inconveniences that may accrue to the whole Although the Registring Reformers" Nation in general thereby, much over-bafailed in their attempt in 1671, they re-lancing the particular Advantages that are newed their efforts in 1678, in a pamphlet imagined to arise therefrom: in Answer to written by "A Well-Wisher to the Publick a late Book, entitled, Reasons for a ReInterest of the Nation," entitled, " Reasons gistry:' with some Reasons for a Registry

"