The expense of a Special License is usually twenty-eight guineas. This gives privilege to marry at any time or place, in private residence, or at any church or chapel situate in England; but the ceremony must be performed by a priest in holy orders, and of the Established Church. With the marriages of Dissenters, including Roman Catholics, Jews, and Quakers, the Commons has nothing to do, their licenses being obtainable of the Superintendent-Registrar. A Divorce when sought is carried through one of the courts in this profession (according to the diocese), and is conducted by a proctor; the evidence of witnesses is taken privately before an examiner of the court, and neither the husband, wife, nor any of the witnesses, need appear personally in court. A suit is seldom conducted at an expense less than £200.
Then there is the High Court of Admiralty, a "precious old swindle," as a seafaring man told me it had proved to him. He was a seaman before the mast, and to get a sum of eight pounds six and four-pence, he was compelled to pay eleven pounds of costs and fees. It comprises the "Instance Court," and the "Prize Court," where the famous Lord Stowell, in one year, adjudicated upon 2,206 cases connected with the high seas.
DOCTOR'S COMMONS.
The Instance Court has a criminal and civil jurisdiction; to the former belong piracy and other indictable offences on the high seas, which are now tried at the Old Bailey; to the latter, suits arising from ships running foul of each other, disputes about seamen's wages, bottomry, and salvage. The Prize Court applies to naval captures in war, proceeds of captured slave-vessels, &c. A silver oar is carried before the Judge as an emblem of his office. The business is very onerous, as in embargoes and the provisional detention of vessels, when incautious decision might involve the country in war; the right of search is another weighty question.
PAYING THE PIPER.
The practitioners in this court are advocates (D.D.C.L.) or counsel, and proctors or solicitors. The judge and advocates wear in court, if of Oxford, scarlet robes and hoods lined with taffety; and if of Cambridge, white minever and round black velvet caps. The proctors wear black robes and hoods lined with fur.
The College has a good library in civil law and history, bequeathed by an ancestor of Sir John Gibson, judge of the Prerogative Court; and every bishop at his consecration makes a present of books.
After a case has been worked slowly through one of these ecclesiastical courts, it is then transferred to another, and after bowling the cause about for years it is just possible that it will be lost for the suitor. Suits are brought in Doctors' Commons for the most ridiculous and trivial causes, and once a man gets into the Commons, he is made to pay the piper while the sleek, fat proctors, dance right merrily to the music paid for by their unhappy victims. A case in point I will mention. The cause had just been tried in the Archdeacon's Court, at Totness, and from thence an appeal had been sought in the Court at Exeter, thence it went to the Court of Arches, and from there to the Court of Delegates, and after all this fuss and expense, the question in discussion was to know which of two persons had the legal right to hang a hat on a certain peg! This is sober truth, and no exaggeration.