Judicial Delay is Nothing New | Winter 2017

Judicial Delay is Nothing New

There are many novelists who have written with great insight and wit about lawyers, an endlessly rich subject matter for any writer. Charles Dickens was one of the best. In his great novel of the law- Bleak House- he immortalized the notorious Chancery case of Jarndyce and Jarndyce. Dickens was convinced that the courts, by their refusal to decide cases promptly, created more injustice than the very wrongs alleged. The following famous passage is from the opening of Bleak House:

London. Michaelmas term lately over, and the Lord Chancellor sitting in Lincoln’s Inn Hall. Implacable November weather. As much mud in the streets, as if the waters had but newly retired from the face of the earth, and it would not be wonderful to meet a Megalosaurus, forty feet long or so, waddling like an elephantine lizard up Holborn Hill. Smoke lowering down from chimney-pots, making a soft black drizzle with flakes of soot in it as big as full-grown snowflakes- gone into mourning, one might imagine, for the death of the sun. Dogs, undistinguishable in mire. Horses, scarcely better; splashed to their very blinkers. Foot passengers, jostling one another’s under umbrellas, in a general infection of ill temper, and losing their foot-hold at street corners, where tens of thousands of other foot passengers have been slipping and sliding since the day broke (if this day ever broke), adding new deposits to the crust upon crust of mud, sticking at those points tenaciously to the pavement, and accumulating at compound interest

Fog everywhere, fog up the river, where it flows among green aits and meadows; fog down the river, where it rolls defiled among the tiers of shipping, and the waterside pollutions of a great (and dirty) city. Fog on the Essex Marshes, fog on the Kentish heights. Fog creeping into the cabooses of collier-brigs; fog lying out on the yards, and hovering in the rigging of great ships; fog drooping on the gunwales of barges and small boats. Fog in eyes and throats of ancient Greenwich pensioners, wheezing by the firesides of their wards; fog in the stem and bowl of the afternoon pipe of the wrathful skipper, down in his close cabin; fog cruelly pinching the toes and fingers of his shivering little prentice boy on deck. Chance people on the bridges peeping over the parapets into a nether sky of fog, with fog all round them, as if they were up in a balloon, and hanging in the misty clouds...

The raw afternoon is rawest, and the dense fog is densest, and the muddy streets are muddiest, near that leaden-headed old obstruction, appropriate ornament for the threshold of a leaden headed old corporation: Temple Bar. And hard by the Temple Bar, in Lincoln’s Inn Hall, at the very heart of the fog, sits the Lord High Chancellor in his High Court of Chancery

Never can there come fog too thick, never can there come mud and mire too deep, to assort with the groping and floundering condition, which this High Court of Chancery, most pestilent of hoary sinners, holds, this day, in the sight of heaven and earth.

On such an afternoon, if ever, the Lord high Chancellor ought to be sitting here- as here he is- with a foggy glory round his head, softly fenced in with crimson cloth and curtains, addressed by a large advocate with great whiskers, a little voice, and an interminable brief, and outwardly directing his contemplation to the lantern in the roof, where he can see nothing but fog. On such an afternoon, some score of members of the High Court of Chancery bar ought to be- as here they are- mistily engaged in one of the ten thousand stages of an endless cause, tripping one another up on slippery precedents, groping knee deep in technicalities, running their goat-hair and horsehair warded heads against walls of words and making a pretence of equity with serious faces, as players might. On such an afternoon, the various solicitors in the cause, some two or three of whom have inherited it from their fathers, who made a fortune by it, ought to be- as are they not?- ranged in a line, in a long matted well (but you might look in vain for Truth at the bottom of it), between the registrar’s red table and the silk gowns, with bills, cross-bills, answers, rejoinders, injunctions, affidavits, issues, references to masters, masters’ reports, mountains of costly nonsense, piled before them. Well may the court be dim, with wasting candles here and there; well may the fog hang heavy in it, as if it would never get out; well may the stained-glass windows lose their colour, and admit no light of day into the place; well may the uninitiated from the streets, who peep in through the glass panes in the door, be deterred from entrance by its owlish aspect, and by the drawl languidly echoing to the roof from the padded dais where the Lord High Chancellor looks into the lantern that has no light in it, and where the attendant wigs are all stuck in a fog-bank! This is the Court of Chancery; which has its decaying houses and its blighted lands in every shire; which has its worn-out lunatic in every madhouse, and its dead in every churchyard; which has its ruined suitor, with his slipshod heels and threadbare dress, borrowing and begging through the round of every man’s acquaintance; which gives to monied might the means abundantly of wearying out the right; which so exhausts finances, patience, courage, hope; so overthrows the brain and breaks the heart; that there is not an honourable man among its practitioners who would not give- who does not often give- the warning, “Suffer any wrong that can be done you, rather than come here!”

...Jarndyce and Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated that no one alive knows what it means. The parties to it understand it least; but it has been observed that no two Chancery lawyers can talk about it for five minutes without coming to a total disagreement as to all the premises. Innumerable children have been born into the cause; innumerable young people have married into it; innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce and Jarndyce, without knowing how, or why; whole families have inherited legendary hatreds with the suit. The little plaintiff or defendant, who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled, has grown up, possessed himself of a real horse, and trotted away into the other world. Fair wards of court have faded into mothers and grandmothers; a long procession of Chancellors has come in and gone out; the legion of bills in the suit have been transformed into mere bills of mortality; there are not there Jarndyce left upon the earth perhaps, since old Tom Jarndyce in despair blew his brains out at a coffee-house in Chancery lane; but Jarndyce and Jarndyce still drags its dreary length before the Court, perennially hopeless.

Jarndyce and Jarndyce has passed into a joke. That is the only good that has ever come of it. It has been death to many, but it is a joke in the profession. Every master in Chancery has had a reference out of it. Every Chancellor was “in it,” for somebody or other, when he was counsel at the bar. Good things have been said about it by blue-nosed, bulbous-shoed old benchers, in select port-wine committee after dinner in hall. Articled clerks have been in the habit of fleshing their legal wit upon it. The last Lord Chancellor handled it neatly, when, correcting Mr. Blowers the eminent silk gown who said that such a thing might happen when the sky rained potatoes, he observed, “or when we get through Jarndyce and Jarndyce, Mr. Blowers” - a pleasantry that particularly tickled the maces, bags, and purses.

...Thus, in the midst of the mud and at the heart of the fog, sits the Lord High Chancellor in his High Court of Chancery.

“Mr. Tangle,” says the Lord High Chancellor, latterly something restless under the eloquence of that learned gentleman.

“Mlud,” says Mr. Tangle. Mr. Tangle knows more of Jarndyce and Jarndyce than anybody. He is famous for it- supposed never to have read anything else since he left school.

“Have you nearly concluded your argument?”

“Mlud, no- variety of points- feel it my duty to submit- ludship,” is the reply that slides out of Mr. Tangle.

“Several members of the bar are still to be heard, I believe?” says the Chancellor, with a slight smile.

Eighteen of Mr. Tangle’s learned friends, each armed with a little summary of eighteen hundred sheets, bob up like eighteen hammers in a pianoforte, make eighteen bows, and drop into their eighteen places of obscurity

“We will proceed with the hearing on Wednesday fortnight,” says the Chancellor. For the questions at issue is only a question of costs, a mere bud on the forest tree of the parent suit, and really will come to a settlement one of these days.

The Chancellor rises; the bard rises; the prisoner is brought forward in a hurry; the man from Shropshire cries, “My lord!” Maces, bags, and purses, indignantly proclaim silence, and frown at the man from Shrophshire.

“In reference,” to the young girl- “

“In reference,” proceeds the Chancellor, with extra distinctness, “to the young girl and boy, the two young people,” (Mr. Tangle crushed.)

“Whom I directed to be in attendance today, and who are now in my private room, I will see them and satisfy myself as to the expediency of making the order for their residing with their uncle.”

Mr. Tangle on his legs again.

“Begluship’s pardon- dead.”

“With their,” Chancellor looking through his double eyeglass at the papers on his desk, “grandfather.” “Begludhsip’s pardon- victim of rash action- brains.”

Suddenly a very little counsel with a terrific bass voice, arises, fully inflated, in the back settlements of the fog, and says, “Will your lordship allow me? I appear for him. He is a cousin, several times removed. I am not at the moment prepared to inform the Court in what exact remove he is a cousin; but he is a cousin.”

Leaving this address (delivered like a sepulchral message) ringing in the rafters of the roof, the very little counsel drops, and the fog knows him no more. Everybody looks for him. Nobody can see him.

“I will speak with both the young people,” says the Chancellor a new, “and satisfy myself on the subject of their residing with their cousin. I will mention the matter tomorrow morning when I take my seat.”

The Chancellor is about to bow to the bar, when the prisoner is presented. Nothing can possibly come of the prisoner’s conglomeration, but his being sent back to prison; which is soon done. The man from Shropshire ventures another remonstrative “My lord!” but the Chancellor, being aware of him, has dexterously vanished. Everybody else quickly vanishes too. A battery of blue bags is loaded with heavy charges of papers and carried off by clerks; the little mad old woman marches off with her documents; the empty court is locked up. If all the injustice it has committed, and all the misery it has caused, could only be locked up with it, and the whole burnt away in a great funeral pyre- why, so much the better for other parties than the parties in Jarndyce and Jarndyce!