Page:The Green Bag (1889–1914), Volume 14.pdf/54

 A Century of English Judicature.

A

CENTURY

OF

ENGLISH

27

JUDICATURE.

XI. Bv Van Vechten Veeder. HOUSE OF LORDS. THE membership of the House of Lords death deprived the court of the services of as a judicial tribunal is confined by the three of its most promising members, HanJudicature Act to Lords of Appeal, i.e., the nen, Bowen and Esher. Watson was the ablest of the Scotchmen, Lord Chancellor of Great Britain, a Lord of Appeal in Ordinary (limited to four), or a the others being Gordon and Shand. Peer of Parliament who has held high judi O'Hagan ranks at the head of the Irish cial office. High judicial office means the contingent,2 which includes Fitzgerald, Ash office of Lord Chancellor of Great Britain bourne and Morris. or Ireland, a paid judge of the Judicial Com In his obituary eulogy on Lord Selborne mittee of the Privy Council, or a judge of one oi the Superior Courts of Great Britain in the House of Lords Lord Rosebery or Ireland. happily compared Selborne with those great ecclesiastics by whom equity was The House of Lords as a judicial tribunal has reached its highest usefulness under the originally administered. "There was some thing in his austere simplicity of manner Judicature Act. With a membership de which recalled those great lawyers of the fined by statutfe, with a reasonable assurance middle ages who were also Churchmen, for of regular attendance brought about by re lieving the Lord Chancellor from his ancient to me Selborne always embodied that great duties as a judge of first instance, the ap conception and that great combination." pointment of paid judges as lords in ordinary Selborne (1872-74; 1880-85) was not only, like Cairns, an ardent churchman; he had and the elevation to the peerage of several eminent and experienced judges, the compo something of the ecclesiastical cast of sition of the court has given entire satisfac mind and impassive manner. But he had tion. In sheer ability, with Cairns, Selborne also that intuitive insight into legal princi and Hatherley in equity and Blackburn, ples and power of grasping and expounding Bramwell, Watson and Herschcll in common .facts which is the certain test of legal genius. law, no other English court in any similar He possessed in rare combination intellec period of its history has ever equalled it. tual gifts, penetrating acumen, flawless logic During this period there have been only and matchless erudition. He had an aston ishing memory and the ability to arrange with four chancellors, Cairns, Selborne. Her schcll and Halsburv. Cairns lived until accuracy and order the most complicated de 1885, and Selborne and Herschell (who was tails. Withal he had the habit of patient chancellor first in 1886), almost to the end industry without which intuitions are deceit of the century. ful and gifts of exposition vain. The most distinguished English lords The terms in which a contemporary ob have been Blackburn, Bramwell, Penzance, server described his characteristics at the bar, Field, Macnaghten1 and Davey. Untimely bring out clearly the elements upon which 'Solomon v. Solomon (1897V A. C. 22; Ooreprum his success was founded. "At this time Cold Mining Co. v Roper (1892), A. C. 125; Nordenfelt v. Maxim-Nordenfelr Co. (189.1), A. C. 531; : Tailhy v. 2 Maddison v. Alderson, 8 Apri. Cas. 467; Whyte v Official Receiver. 13 A. C. 523; Trevor v. Wentworth, Pollock, 7 do. 400: Rossiter v. Miller. 3 do. 1124; River 12 A. C. 409; Drummond v. Van Ingen, 12 A. C. 284. Wear Commissioners v. Adamson. 2 do. 743.