VISIT TO WESTMINSTER HALL.
Worthies thereof—Legal Sketches of the Long Robe—The
Maiden Brief—An awkward Recognition—Visit to Banco Regis—
Surrey Collegians giving a Lift to a Limb of the Late,
"Thus far shalt thou go and no farther"—Park Rangers—Visit
to the Life Academy—R—A—ys of Genius reflecting on the
true line of Beauty—Arrival of Bernard Black-mantle in
London—Reads his Play and Farce in the Green Rooms of the
two Theatres Royal, Drury Lane and Covent Garden—Sketches
of Theatrical Character—The City Ball at the Mansion House—
The Squeeze—Civic Characters—Return to Alma Mater—The
Wind-up—Term ends.
A note from Dick Gradus invited Echo and myself to hear his opening speech in Westminster Hall. "I have received my maiden brief" writes the young counsel, "and shall be happy if you will be present at my first attempt, when, like a true amicus curio, the presence of an old school-fellow will inspire confidence, and point out what may strike him as defective in my style." "We will all go," said Transit; "Echo will be amused by the oratory of the bar, and I shall employ my pencil to advantage in taking notes, not of short hand, but of long heads, and still longer faces." The confusion created by the building of the new courts at Westminster has literally choked up, for a time, that noble specimen of Gothic architecture—the ancient hall; the King's Bench sittings are therefore temporarily held in the Sessions House, a small, but rather compact octangular building, on the right of Parliament-street. Hither we hasted, at nine o'clock in the morning, to take a view of the court, judges, and counsel, and congratulate our friend Gradus on his entrée. It has been said, that the only profession in this country where talents can insure success, is the law. If by this is meant talents of a popular kind, the power of giving effect to comprehensive views of justice and the bonds of society, a command of language, and a faculty of bringing to bear upon one point all the resources of intellect and knowledge, they are mistaken; they speak from former experience, and not from present observation: they are thinking of the days of a Mingay or an Erskine, not of those of a Marryat or a Scarlett; of the time when juries were wrought upon by the united influence of zeal and talent, not when they are governed by precedents and practice; when men were allowed to feel a little, as well as think a great deal; when the now common phrase of possessing the ear of the court was not understood, and the tactician and the bully were unknown to the bar. It is asserted, that one-fifth of the causes that come before our courts are decided upon mere matters of form, without the slightest reference to their merits. Every student for the bar must now place himself under some special pleader, and go through all the complicated drudgery of the office of one of these underlings, before he can hope to fill a higher walk; general principles, and enlarged notions of law and justice, are smothered in laborious and absurd technicalities; the enervated mind becomes shackled, until the natural vigour of the intellect is so reduced, as to make its bondage cease to seem burdensome. Dick, with a confidence in his own powers, has avoided this degrading preparation; it is only two months since he was first called to the bar, and with a knowledge of his father's influence and property added to his own talents, he hopes to make a stand in court, previous to his being transplanted to the Commons House of Parliament.
A tolerable correct estimate may be formed of the popularity of the judges, by observing the varied bearings of respect evinced towards them upon their entrance into court. Mr. Justice Best came first, bending nearly double under a painful infirmity, and was received by a cold and ceremonious rising of the bar. To him succeeded his brother Holroyd, a learned but not a very brilliant lawyer, and another partial acknowledgment of the counsel was observable. Then entered the Chief Justice, Sir Charles Abbot, with more of dignity in his carriage than either of the preceding, and a countenance finely expressive of serenity and comprehensive faculties: his welcome was of a more general, and, I may add, genial nature; for his judicial virtues have much endeared him to the profession and the public. But the universal acknowledgment of the bar, the jury, and the reporters for the public press, who generally occupy the students' box, was reserved for Mr. Justice Bayley; upon whose entrance, all in court appeared to rise with one accord to pay a tribute of respect to this very distinguished, just, and learned man. All this might have been accidental, you will say; but it was in such strict accordance with my own feelings and popular opinion besides, that, however invidious it may appear, I cannot resist the placing it upon record. To return to the Chief Justice: he is considered a man of strong and piercing intellect, penetrating at once to the bottom of a cause, when others, even the counsel, are very often only upon the surface; his intuition in this respect is proverbial, and hence much of the valuable time of the court is saved upon preliminary or immaterial points. Added to which, he is an excellent lawyer, shrewd, clear, and forcible in his delivery, very firm in his judgments, and mild in his language; with a patient command of temper, and continued appearance of good-humour, that adds much to his dignity, and increases public veneration. That he has been the architect of his own elevation is much to be applauded; and it is equally honourable to the state to acknowledge, that he is more indebted to his great talents and his legal knowledge for his present situation than to any personal influence of great interest{1}: of him it may be justly said, he hath
"A piercing wit quite void of ostentation; high-erected
thoughts seated in a heart of courtesy; an eloquence as sweet
in the uttering, as slow to come to the uttering."
Sir P. Sidney's Arcadia.
It was Dick Gradus's good-luck to be opposed to Scarlett in a case of libel, where the latter was for the defendant. "Of all men else at the bar, I know of no one whom I so much wish to encounter," said Gradus. His irritable temper, negligence in reading his briefs, and consummate ignorance{2} in any thing beyond term-reports, renders him an easy conquest to a quiet, learned, and comprehensive mind. The two former are qualifications Gradus possesses in a very superior degree, and he proved he was in no wise deficient in his opponent's great requisite; I suppose we must call it confidence; but another phrase would be more significant. Scarlett is a great tactician; and in defending his client, never hesitates to take
1 We hear that an allusion in page 359 of this work has
been supposed to relate to a near relative of the respected
Chief Justice: if it bears any similitude, it is the effect
of accident alone; the portrait being drawn for another and
a very different person, as the reference to altitude might
have shown.
2 See the castigation he received in the Courier of Friday.
Dec. 10, 1824, for his total ignorance of the common terms
of art.
"——that trick of courts to wear
Silk at the cost of flattery."
James Shirley's Poems.
what I should consider the most unfair, as they are ungentlemanly advantages. But there
"be they that use men's writings like brute beasts, to make
them draw which way they list."
T. Nash's Lenten Stuff, 1599.
His great success and immense practice at the bar is more owing to the scarcity of silk-gowns{3} than the profundity of his talents. The perpetual simper that plays upon his ruby countenance, when finessing with a jury, has, no doubt, its artful effect; although it is as foreign to the true feelings of the man, as the malicious grin of the malignant satirist would be to generosity and true genius. Of his oratory, the aureum flumen orationis is certainly not his; and, if he begins a sentence well, he seldom arrives at the conclusion on the same level: he is always most happy in a reply, when he can trick his adversary by making an abusive speech, and calling no witnesses to prove his assertions. Our friend Gradus obtained a verdict, and after it the congratulations of the court and bar, with whom Scarlett is, from his superciliousness, no great favourite. Owen Feltham, in his Resolves, well says, that "arrogance is a weed that ever grows upon a dunghill."{4} The contrast between Scarlett and his great opponent, Mr. Serjeant Copley,
3 Generally speaking, the management of two-thirds of the
business of the court is entrusted to four silk-gowns, and
about twice as many worsted robes behind the bar.
4 An Impromptu written in the Court of King's Bench during a
recent trial for libel.
The Learned Pig.
"My learned Friend," the showman cries;
The pig assents—the showman lies;
So counsel oft address a brother
In flattering lie to one another;
Calling their friend some legal varlet,
Who lies, and bullies, till he's Scarlett.
the present Attorney-General, is a strong proof of the truth of this quotation. To a systematic and profound knowledge of the law, this gentleman unites a mind richly stored with all the advantages of a liberal education and extensive reading, not merely confined to the dry pursuit in which he is engaged, but branching forth into the most luxuriant and highly-cultivated fields of science and the arts. On this account, he shines with peculiar brightness at Nisi Prius; and is as much above the former in the powers of his mind and splendour of his oratory, as he is superior to the presumptuousness of Scarlett's vulgarity. Mr. Marryat is said to possess an excellent knowledge of the heavy business of his profession; and it must be admitted, that his full, round, heavy-looking countenance, and still heavier attempts at wit and humour, admirably suit the man to his peculiar manner: after all, he is a most persevering counsel; not deficient in good sense, and always distinguished by great zeal for his client's interests. Mr. Gurney is a steady, pains-taking advocate, considered by the profession as a tolerable criminal lawyer, but never affecting any very learned arguments in affairs of principles or precedents. In addressing a jury, he is both perspicuous and convincing; but far too candid and gentlemanly in his practice to contend with the trickery of Scarlett.—Mr. Common-Serjeant Denman is a man fitted by nature for the law. I never saw a more judicial-looking countenance in my life; there is a sedate gravity about it, both "stern and mild," firm without fierceness, and severe without austerity:—he appears thoughtful, penetrating, and serene, yet not by any means devoid of feeling and expression:—deeply read in the learning of his profession, he is yet much better than a mere lawyer; for his speeches and manners must convince his hearers that he is an accomplished gentleman. Of Brougham, it may be justly said,
——" his delights
Are dolphin-like; they show his back above
The elements he lives in:"
his voice, manner, and personal appearance, are not the happiest; but the gigantic powers of his mind, and the energy of his unconquerable spirit, rise superior to these defects. His style of speaking is marked by a nervous freedom of the most convincing character; he aims little at refinement, and labours more to make himself intelligible than elegant. In zeal for his clients, no man is more indefatigable; and he always appears to dart forward with an undaunted resolution to overcome and accomplish. But here I must stop sketching characters, and refer you to a very able representation of the court, the bar, and jury, by our friend Transit, in which are accurate likenesses of all I have previously named, and also of the following worthies, Messrs. Raine, Pollock, Ashworth, Courtney, Starkie, Williams, Parke, Rotch, Piatt, Patterson, Raper, Browne, Lawrence, and Whately, to which are added some whom—
"God forbid me if I slander them with the title of learned,
for generally they are not."—Nash's Lenten Stuff, 1599.
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We were just clearing the steps of the court house, when a jolly-looking, knowing sort of fellow, begged permission to speak to Echo. A crimson flush o'erspread Tom's countenance in a moment. Transit, who was down, as he phrased it, tipped me a wink; and although I had never before seen either of the professional brothers-in-law, John Doe and Richard Roe, the smart jockey-boots, short stick, sturdy appearance, and taking manners of the worthy, convinced me at once, that our new acquaintance was one or other of those well-known personages: to be brief, poor Tom was arrested for a large sum by a Bond-street hotel-keeper, who had trusted him somewhat too long.
Arrangement by bail was impossible: this was a proceeding on a judgment; and with as little ceremony, and as much sang froid as he would have entered a theatre, poor Tom was placed inside a hackney coach, accompanied by the aforesaid personage and his man, and drove off in apparent good spirits for the King's Bench Prison, where Transit and myself promised to attend him on the morrow, employing the mean time in attempting to free him from durance vile. It was about twelve at noon of the next day, when Transit and myself, accompanied by Tom's creditor and his solicitor, traversed over Waterloo Bridge, and bent our steps towards the abode of our incarcerated friend.
"The winds of March, with many a sudden gust,
About Saint George's Fields had raised the dust;
And stirr'd the massive bars that stand beneath
The spikes, that wags call Justice Abbot's teeth."
The first glimpse of the Obelisk convinced us we had entered the confines of Abbot's Park, as the rules are generally termed, for here Bob recognised two or three among the sauntering rangers, whose habiliments bore evidence of their once fashionable notoriety;
"And still they seem'd, though shorn of many a ray,
Not less than some arch dandy in decay."
"A very pretty bit of true life," said Bob; and out came the sketch book to note them down, which, as we loitered forward, was effected in his usual rapid manner, portraying one or two well-known characters; but for their cognomens, misfortune claims exemption:—to them we say,
"Thou seest thou neither art mark'd out or named,
And therefore only to thyself art shamed."
J. Withers's Abuses strict and whipt.
To be brief, we found Echo, by the aid of the crier, safely tiled in at ten in twelve, happy to all appearance, and perfectly domiciled, with two other equally fresh associates. The creditor and his solicitor chose to wait the issue of our proposition in the lobby; a precaution, as I afterwards found, to be essentially necessary to their own safety; for,
"He whom just laws imprison still is free
Beyond the proudest slaves of tyranny."
Although I must confess the exhibition we had of freedom in Banco Regis was rather a rough specimen; a poor little limb of the law, who had formerly been a leg himself, had, like other great lawyers, ratted, and commenced a furious warfare upon some old cronies, for divers penalties and perjuries, arising out of Greek prosecutions: too eager to draw the blunt, he had been inveigled into the interior of the prison, and there, after undergoing a most delightful pumping upon, was rough-dried by being tossed in a blanket (see plate).
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This entertainment we had the honour of witnessing from Echo's room window; and unless the Marshal and his officers had interfered, I know not what might have been the result. A very few words sufficed to convince Tom of the necessity of yielding to his creditor's wishes. A letter of licence was immediately produced and signed, and the gay-hearted Echo left once more at liberty to wing his flight wherever his fancy might direct. On our road home, it was no trifling amusement to hear him relate
"The customs of the place,
The manners of its mingled populace,
The lavish waste, the riot, and excess,
Neighbour'd by famine, and the worst distress;
The decent few, that keep their own respect,
And the contagion of the place reject;
The many, who, when once the lobby's pass'd,
Away for ever all decorum cast,
And think the walls too solid and too high,
To let the world behold their infamy."
Ever on the alert for novelty, we hopped into and dined at the Coal Hole Tavern in the Strand, certainly one of the best and cheapest ordinaries in London, and the society not of the meanest. Rhodes himself is a punster and a poet, sings a good song, and sells the best of wine; and what renders mine host more estimable, is the superior manners of the man. Here was congregated together a mixed, but truly merry company, composed of actors, authors, reporters, clerks in public departments, and half-pay officers, full of whim, wit, and eccentricity, which, when the mantling bowl had circulated, did often "set the table in a roar." In the evening, Transit proposed to us a visit to the Life Academy, Somerset House, where he was an admitted student; but on trying the experiment, was not able to effect our introduction: you must therefore be content with his sketch of the true sublime, in which he has contrived to introduce the portraits of several well-known academicians (see plate).
Thus far Horatio Heartly had written, when the unexpected appearance of Bernard Blackmantle in London cut short the thread of his narrative. "Where now, mad-cap?" said the sincere friend of his heart: "what unaccountable circumstance can have brought you to the village in term and out of vacation?" "A very uncommon affair, indeed, for a young author, I assure you: I have had the good fortune to receive a notice from the managers of the two Theatres Royal, that my play is accepted at Covent Garden, and my farce at Drury Lane, and am come up post-haste to read them in the green rooms to-morrow, and take the town by storm before the end of the next month." "It is a dangerous experiment," said Horatio. "I know it," replied the fearless Bernard; "but he who fears danger will never march on to fortune or to victory. I am sure I have a sincere friend in Charles Kemble, if managerial influence can ensure the success of my play; and I have cast my farce so strong, that even with all Elliston's mismanagement, it cannot well fail of making a hit. Nil desperandum is my motto; so a truce with your friendly forebodings of doubts, and fears, and critics' scratches; for I am determined 'to seek the bubble reputation even in the cannon's mouth.'" Thus ended the colloquy, and on the morning of the morrow Bernard was introduced, in due form, to the dramatis personæ of the Theatre Royal, Covent Garden (see plate).
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There is as much difference between the rival companies of the two patent theatres as there is between the habits and conduct of the managers: in Covent Garden, the gentlemanly manners of Charles Kemble, and his amiable desire to make all happy around him, has imparted something of a kindred feeling to the performers; and hence, assisted by the friendly ancient Fawcett, the whole of the establishment has all the united family feeling of a little commonwealth, struggling to secure its independence and popularity. Here Bernard's reception was every thing a young author could wish: kind attention from the company, and considerative hints for the improvement of his play, accompanied with the good wishes of all for its success, left an impression of gratitude upon the mind of the young author, that gave fresh inspiration to his talents, and increased his confidence in his own abilities. At Drury Lane the case was far otherwise; and the want of that friendly attention which distinguished the rival company proved very embarrassing to the early buddings of dramatic genius. Perhaps a slight sketch of the scene might not prove uninstructive to young authors, or fail in its intended effect upon old actors. Reader, imagine Bernard Blackmantle, an enthusiastic and eccentric child of Genius, seated at the green-room table, reading his musical farce to the surrounding company, and then judge what must be the effect of the following little scene.