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 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 deified 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 the 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.
Gas looming through the fog in divers places in the streets, much as the sun
may, from the spongey fields, be seen to loom by husbandman and ploughboy. Most
of the shops lighted two hours before their time--as the gas seems to know, for
it has a haggard and unwilling look.
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
her--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
petty- bags, 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 half- dozenth 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 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.
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."
Mr. Tangle on his legs again. "Begludship's pardon--dead."
"With their"--Chancellor looking through his double eyeglass at the papers on
his desk--"grandfather."
"Begludship'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 anew, "and
satisfy myself on the subject of their residing with their cousin. I will
mention the matter to-morrow 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!
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