Review of Mr. Hope's Professional Career—His View of Secular Pursuits—
Advice from Archdeacon Manning against Overwork—Early Professional
Services to Government—J. K. Hope adopts the Parliamentary Bar—His
Elements of Success—Is made Q.C.—Difficulty about Supremacy Oath—Mr.
Venables on Mr. Hope-Scott as a Pleader—Recollections of Mr. Cameron—Mr.
Hope-Scott on his own Profession—Mr. Hope-Scott's Professional Day—
Regular History of Practice not Feasible—Specimens of Cases: 1. The
Caledonian Railway interposing a Tunnel. 2. Award by Mr. Hope-Scott and R.
Stephenson. 3. Mersey Conservancy and Docks Bill, 'Parliamentary Hunting-
day,' Liverpool and Manchester compared. 4. London, Brighton, and South
Coast and the Beckenham Line. 5. Scottish Railways—An Amalgamation Case—
Mr. Hope-Scott and Mr. Denison; Honourable Conduct of Mr. Hope-Scott as a
Pleader. 6. Dublin Trunk Connecting Railway. 7. Professional Services of
Mr. Hope-Scott to Eton—Claims of Clients on Time—Value of Ten Minutes—
Conscientiousness—Professional Income—Extra Occupations—Affection of Mr.
Hope-Scott for Father Newman—Spirit in which he laboured.
On taking the step of which I have just related the history, Mr. Hope had not to encounter the usual array of external ills that assail the convert's life. Although he was now a Catholic, his eloquence had lost none of its magic, and railway directors were not very likely to indulge their bigotry at the expense of their dividends. He lost not, I suppose, a single retainer, and his practice at the bar went on as before. His conversion, however, affords us a convenient point at which to turn aside and review his professional career, contrasting so singularly with what the ordinary observer would have anticipated for him under such a condition. We are so much accustomed to associate religious doubts or convictions with an unworldliness which is rarely visible where great worldly success is attained, that on leaving the cloisters of Oxford, and entering with him the committee-rooms of the Houses of Parliament, we seem to behold the curtain raised all at once, and the same actor appearing in a totally new character, with hardly a feature left that can identify him with the previous representation.
He was, indeed, himself not insensible to this contrast, and had early marked off from purely secular pursuits that choice and precious portion of his time which could be reserved for higher objects. An interesting passage in a letter of his to Mr. Gladstone (dated from Lincoln's Inn, June 25, 1841) will illustrate this feeling by a phrase which I italicise, as I believe he was fond of using it: 'My reason for staying in town is to read ecclesiastical law, and to prepare (if so be) for election committees. The former branch I reckon my flower-garden, the latter my cabbage- field.' [Footnote: See letter of Mr. Gladstone to Miss Hope-Scott, Appendix III.] When Anglicanism and its institutions had broken down under him, and others not as yet come in their place, he sought in the purely temporal works of his calling perhaps a refuge from doubts, certainly a means of sanctification; and either alternative explains the issue. A religious mind could never succeed in silencing religious difficulty by earthly pursuits, but in whatever measure it sought to sanctify the latter, would be led onwards to the faith. The following passage from a letter of the then Archdeacon Manning (now Cardinal Archbishop of Westminster) to Mr. Hope (dated Dec. 9, 1842) will show that this ardent and restless application to his profession was watched at the time by Mr. Hope's friends with some degree of anxiety and surprise. The kind and wise admonitions it conveys, only distantly indeed bearing on the religious side of the question, many may read with much profit:—
As a bystander I see you working too much, and looking at times overwrought; and I ask myself, what is this man's aim? It must needs be something very high and far off to need all this unremitting tension of mind. I do much wish to see you more relaxed, and with more play. I know it is a more difficult attainment to be able both to work intensely and to relax thoroughly. But without it a man deteriorates. He becomes a keen, case-hardened tool, and no man. Our friends the Germans are not far wrong when they talk about developing what is universal in man, i.e. his humanity, which is a whole, and must be unfolded as a whole to be perfect, or even to approximate perfection. You will burn this if I go on, so I will leave you to Lancilotti.
Believe me ever yours affectly,
H. E. MANNING.
The field finally adopted by Mr. Hope was the Parliamentary Bar, at which, as we have seen, he had practised to a certain extent from the first, though with considerable interruption from the legal and financial affairs of his college and the Sarum Chancery, as well as other weighty business, including in 1839 services rendered as Counsel to the Government in the preparation of the Foreign Marriages Bill; in 1843 of the Consular Jurisdiction Bill, the report which he furnished on which, to be seen in the Parliamentary Records, would alone have been sufficient to have made a great reputation in that particular line; and in 1843-44 he was engaged by Government in the matter of the Franco-Mexican arbitration to prepare a report on some points in dispute between France and Mexico, which had been submitted to the arbitration of Great Britain. I presume that his retainers in these cases would be principally due to the fact that his brother, Mr. George W. Hope, was now a member of the Government as Under Secretary of State for the Colonies in Sir Robert Peel's administration. But the 'fame' that had already gone abroad regarding him, particularly for his learning in all matters that touched ecclesiastical law, would have been sure, independently of private interest, to have brought him early into prominence. The Ecclesiastical Courts Bill in 1843 engaged much of his attention, and his share in the legal business connected with troubles of that year at Oxford has been noticed in its place. On October 26, 1843, he took his degree of D.C.L. at Oxford. In 1844, at the suggestion of the Bishop of London (Right Rev. Dr. Blomfield), he was accepted by the Lord Chancellor as one of the persons to consider the chapter on offences against religion and the Church in the proposed Code of Criminal Law.
In a short, time, however, his practice seems to have merged in the department with which his name is principally connected, that of railway pleading. This branch of the profession, though affording little or no scope for those powers of oratory which his first speech before the Lords showed that he possessed, nor yet opening those avenues to power and fame which usually tempt minds of his class, were undoubtedly highly lucrative, and by this time Mr. Hope's charities must have nearly exhausted his modest patrimony. It had also one great advantage, in its business being principally confined to the Parliamentary session, thus leaving him free to travel six months in the year. I have seen it stated that in conversation with a friend he gave this as his chief reason for adopting it. He may have said so half in jest; but there can, I believe, be little doubt that a far deeper reason was that the Parliamentary bar was likely to present fewer cases of difficulty in point of conscience than he would have had to encounter in the Common Law courts.
It is needless to mention, except for the sake of the few persons who may not happen to have even that superficial acquaintance with the subject which newspaper reading can supply, that advocates practising at the Parliamentary bar are engaged in pleading for or against the private bills referred to committees of Parliament, relating, for example, to railways, canals, docks, gas-works, and the like. These are each referred to a committee of five, supposed to represent the whole House; witnesses of course are examined, and counsel heard on behalf of the companies or individuals concerned. To plead before a tribunal of such a nature and on such interests evidently demands qualifications of a special kind. Mr. Hope possessed some external ones which are by no means unimportant. His noble presence, in the first place, gave him a great advantage; and a known name and known antecedents like his were also additional recommendations of great value. Then came his tact, clearness of intellect, memory for names and details, his moral qualities, especially his perfect sense of honour, which gained him the ear of the committees, and, what is still more difficult, enabled him to keep it.
Mr. Hope then very early attained to the front rank in his profession, and on the retirement of Mr. Charles Austin, Q.C. (1848), and the deaths of Sergeant Wrangham (d. March 1869) and Mr. John C. Talbot, Q.C. (d. 1852), may be said to have had no rival in reputation or practice until the present Sir E. B. Denison 'gradually began to compete with him on not unequal terms.' Mr. St. George Burke, Q.C., Mr. Merewether, Q.C., and Mr. Rodwell, Q.C., were other contemporaries of his, who all had a large practice and great reputation, but were, I believe, as seldom as possible pitted against Mr. Hope-Scott.