Charles Dickens
PREFACE
A Chancery judge once had the kindness to inform me, as one of a company of some hundred and fifty men and women not labouring under any suspicions of lunacy, that the Court of Chancery, though the shining subject of much popular prejudice (at which point I thought the judge's eye had a cast in my direction), was almost immaculate.
There had been, he admitted, a trivial blemish or so in its rate of progress, but this was exaggerated and had been entirely owing to the "parsimony of the public," which guilty public, it appeared, had been until lately bent in the most determined manner on by no means enlarging the number of Chancery judges appointed-I believe by Richard the Second, but any other king will do as well.
This seemed to me too profound a joke to be inserted in the body of this book or I should have restored it to Conversation Kenge or to Mr. Vholes, with one or other of whom I think it must have originated. In such mouths I might have coupled it with an apt quotation from one of Shakespeare's sonnets:
"My nature is subdued To what it works in, like the dyer's hand:
Pity me, then, and wish I were renewed!"
But as it is wholesome that the parsimonious public should know what has been doing, and still is doing, in this connexion, I mention here that everything set forth in these pages concerning the Court of Chancery is substantially true, and within the truth.
The case of Gridley is in no essential altered from one of actual occurrence, made public by a disinterested person who was professionally acquainted with the whole of the monstrous wrong from beginning to end. At the present moment (August, 1853) there is a suit before the court which was commenced nearly twenty years ago, in which from thirty to forty counsel have been known to appear at one time, in which costs have been incurred to the amount of seventy thousand pounds, which is A FRIENDLY SUIT, and which is (I am assured) no nearer to its termination now than when it was begun. There is another well-known suit in Chancery, not yet decided, which was commenced before the close of the last century and in which more than double the amount of seventy thousand pounds has been swallowed up in costs. If I wanted other authorities for Jarndyce and Jarndyce, I could rain them on these pages, to the shame of-a parsimonious public.
There is only one other point on which I offer a word of remark.
The possibility of what is called spontaneous combustion has been denied since the death of Mr. Krook; and my good friend Mr. Lewes (quite mistaken, as he soon found, in supposing the thing to have been abandoned by all authorities) published some ingenious letters to me at the time when that event was chronicled, arguing that spontaneous combustion could not possibly be. I have no need to observe that I do not wilfully or negligently mislead my readers and that before I wrote that description I took pains to investigate the subject. There are about thirty cases on record, of which the most famous, that of the Countess Cornelia de Baudi Cesenate, was minutely investigated and described by Giuseppe Bianchini, a prebendary of Verona, otherwise distinguished in letters, who published an account of it at Verona in 1731, which he afterwards republished at Rome. The appearances, beyond all rational doubt, observed in that case are the appearances observed in Mr. Krook's case. The next most famous instance happened at Rheims six years earlier, and the historian in that case is Le Cat, one of the most renowned surgeons produced by France. The subject was a woman, whose husband was ignorantly convicted of having murdered her; but on solemn appeal to a higher court, he was acquitted because it was shown upon the evidence that she had died the death of which this name of spontaneous combustion is given. I do not think it necessary to add to these notable facts, and that general reference to the authorities which will be found at page 30, vol. ii.,[1] the recorded opinions and experiences of distinguished medical professors, French, English, and Scotch, in more modern days, contenting myself with observing that I shall not abandon the facts until there shall have been a considerable spontaneous combustion of the testimony on which human occurrences are usually received.
In Bleak House I have purposely dwelt upon the romantic side of familiar things.
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 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!"
Who happen to be in the Lord Chancellor's court this murky afternoon besides the Lord Chancellor, the counsel in the cause, two or three counsel who are never in any cause, and the well of solicitors before mentioned? There is the registrar below the judge, in wig and gown; and there are two or three maces, or pettybags, or privy purses, or whatever they may be, in legal court suits. These are all yawning, for no crumb of amusement ever falls from Jarndyce and Jarndyce (the cause in hand), which was squeezed dry years upon years ago. The short-hand writers, the reporters of the court, and the reporters of the newspapers invariably decamp with the rest of the regulars when Jarndyce and Jarndyce comes on.
Their places are a blank. Standing on a seat at the side of the hall, the better to peer into the curtained sanctuary, is a little mad old woman in a squeezed bonnet who is always in court, from its sitting to its rising, and always expecting some incomprehensible judgment to be given in her favour. Some say she really is, or was, a party to a suit, but no one knows for certain because no one cares. She carries some small litter in a reticule which she calls her documents, principally consisting of paper matches and dry lavender. A sallow prisoner has come up, in custody, for the halfdozenth time to make a personal application "to purge himself of his contempt," which, being a solitary surviving executor who has fallen into a state of conglomeration about accounts of which it is not pretended that he had ever any knowledge, he is not at all likely ever to do. In the meantime his prospects in life are ended. Another ruined suitor, who periodically appears from Shropshire and breaks out into efforts to address the Chancellor at the close of the day's business and who can by no means be made to understand that the Chancellor is legally ignorant of his existence after making it desolate for a quarter of a century, plants himself in a good place and keeps an eye on the judge, ready to call out "My Lord!" in a voice of sonorous complaint on the instant of his rising. A few lawyers' clerks and others who know this suitor by sight linger on the chance of his furnishing some fun and enlivening the dismal weather a little.
Jarndyce and Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated that no man 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 three Jarndyces 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 portwine 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.
How many people out of the suit Jarndyce and Jarndyce has stretched forth its unwholesome hand to spoil and corrupt would be a very wide question. From the master upon whose impaling files reams of dusty warrants in Jarndyce and Jarndyce have grimly writhed into many shapes, down to the copying-clerk in the Six Clerks' Office who has copied his tens of thousands of Chancery folio-pages under that eternal heading, no man's nature has been made better by it.
In trickery, evasion, procrastination, spoliation, botheration, under false pretences of all sorts, there are influences that can never come to good. The very solicitors' boys who have kept the wretched suitors at bay, by protesting time out of mind that Mr.
Chizzle, Mizzle, or otherwise was particularly engaged and had appointments until dinner, may have got an extra moral twist and shuffle into themselves out of Jarndyce and Jarndyce. The receiver in the cause has acquired a goodly sum of money by it but has acquired too a distrust of his own mother and a contempt for his own kind. Chizzle, Mizzle, and otherwise have lapsed into a habit of vaguely promising themselves that they will look into that outstanding little matter and see what can be done for Drizzle-who was not well used-when Jarndyce and Jarndyce shall be got out of the office. Shirking and sharking in all their many varieties have been sown broadcast by the ill-fated cause; and even those who have contemplated its history from the outermost circle of such evil have been insensibly tempted into a loose way of letting bad things alone to take their own bad course, and a loose belief that if the world go wrong it was in some off-hand manner never meant to go right.
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 tsubmit-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 question 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 bar 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 Shropshire.
"In reference," proceeds the Chancellor, still on Jarndyce and Jarndyce, "to the young girl-"
"Begludship's pardon-boy," says Mr. Tangle prematurely. "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 to-day 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."