BOOKS.

I.OILD CAMPBELL'S LIVES OF THE CHIEF JUSTICES.* THE third and concluding volume of the Lives of the Chief Justices of England contains the biographies of Kenyon, Ellenborough, Tenterden ; and the progress of the work has rendered the author contemporary with all his subjects. Of Lord Kenyon, indeed, the biographer had little if any personal knowledge ; and his means of observation were soon stopped by the death of the judge ; but, as Lord Campbell might say, " 'firgilium vidi " ; and, what is of more account, he lived among men to whom Kenyon's career and peculiarities had been long familiar. The whole judicial career of Ellenborough not only passed before the eyes of "plain John" Campbell, but the advocate was constantly employed before the judge, and sometimes, it would appear, put him in a "furious passion." With Tenterden he was well acquainted when both were at the bar; and the present Chief justice had attained distinction before age and the triumph of reforming opinions had, according to Lord. Campbell, removed his predecessor from the bench and the world.

Although less familiar to the biographer, and not the most celebrated of the trio as a judge, the life of Lord Kenyon is the best piece of workmanship. Distance of time, by obliterating details, may have given greater breadth to the treatment; the mixture of native strength, great legal knowledge and racy oddity in manners and prejudices, produced a more striking character than even the strength and power of Ellenborough ; while Kenyon's utter ignorance of and indifference to everything but law may have given a unity that the others want. He was undoubtedly a very singular compound, such as could only have been produced in times when opinion allowed great freedom to individuals, or only have been borne with before society had grown critical and intolerant of anything which deviates from its standard. To the mass of foreigners Kenyon must be utterly unintelligible, unless upon the Turkish principle that madness is inspiration, nor could explanation have enabled a Western Continental to have a conception of him in, his entirety; though his mere oddities might have been mate,hed among the provincial seigneurs of the old regime. The stories told of his parsimony and complete disregard of appearances are numerous and well known, but are probably, like those of the Scotch judge Braxfield, dramatic exaggerations. One popular joke which, according to Lord Campbell, Jekyl used to tell as a verity, represented Kenyon as never using a pockethandkerchief till he found one in the pocket of a second-hand court suit which he bought of Lord Stormont's valet when he had first to go to court. It is reported by Rogers, that Lord Ellenborough said that Kenyon when the Income-tax was imposed, discontinued the handkerchief. Incredible as this may seem, it derives some colour from James Smith of the "Rejected Addresses," who describes or caricatures Kenyon on the bench as wiping his fingers by rubbing them on his nether garments. The practice, apart from the parsimonious feature, was not uncommon in Kenyon's time among the class (of rural middle life) from which Kenyon sprang ; nay, so inveterate is habit, that persons of respectable position even in this century would use their fingers for the "blow" and the handkerchief for the wipe ! After the (not over delicate) account of the practice "of the Court" that prevailed in his time which Lord Campbell (at page 85) gives with illustrative details, almost anything might be looked for.

It is not merely in the collection of rich and racy traits, and a sort of appropriate atmosphere extending over the whole, that the life of Lord Kenyon is distinguished. There is more appearance of spontaneity ; it has the air of being thrown off from a fulness of the subject arising from long consideration, rather than a craftsman piece of patchwork, such as Ellenborough, and even Tenterden in some sort, appear to be. There is also greater closeness of style. How neatly Kenyon's scholarly aequirements are condensed in this bit.

"Raring been taught to read at a dame's school in the village, he was sent to the free grammar-school in the neighbouring town of Ruthint which had the reputation of being the best classical foundation in the principality. Here he stayed long enough to acquire a little Latin in addition to his Welsh and English; but he never knew even the Greek characters, and of no other language had he a smattering, except some law phrases in Norman French. He never advanced farther in the abstract sciences than the 'Rule of Three ' ; and he is said piously to have believed to his dying day that the sun goes round the earth once every twenty-four hours."

Lord Campbell delayed the publication of this life, that he might not hurt the feelings of his friend the late Lord Kenyon ; and at the outset he offers a species of apology for his portrait. The principal defect is that he gives greater prominence to the worser and lower features of Lord Kenyon's character than to his higher qualities. His obvious and common merits, of rigid morals, unwearied industry, a thorough knowledge of his own branches of law, his evident desire to do justice, are all ncktieed, and sufficiently. The repute he acquired with the public, and even with George the Third, are truly traced, with the assistance of Mr. Townsend's acumen, to the fact that Kenyon's prejudices were their prejudices, only emanating from a stronger mind, and SA regards the middle classes a very authoritative position. To this we think it may be added, that his prejudices, though exaggerated, "leant to virtue's side " ; and that they had about • The Lives of the Chief Justices of England, from the Norman Conquest till the Death of Lord Tenterden. By John Lord Campbell, LL.D., F.R.S.E.; Author of "The Lives of the Lord Chancellors of England." In three volumes. 'Vol. III. Published by Murray. them, with much that was homely and indeed ludicrous, a strong smack of the "prisca fides." Kenyon, however, must have had some other qualities than all these, or he could never have reached the position and maintained the sway which he did. The son of a Welsh yeoman or squireen became the Lord Chief Justice of England, without interest or connexion, without education or maimers, and with habits that rather offended than attracted. Nor was he helped by popular powers or useful politics ; for in Parliament he took a way of his own,—though it should be said that his politics, hie his prejudices, were those of the King and of a large portion of his subjects. Neither did he fail on the bench, but the veryreverse ; maintaining authority with a high hand over his brethren as well as over the bar. These things should have been presented by Lord Campbell more prominently than they are, and their causes more distinctly developed. We are not sure but that the noble and learned author attributes too much importance to the shows and accomplishments of lettered or oratorical art and as Kenyon was totally wanting in these, he rather undervalues his powers. The quotations from the speech in defence of Lord George Gordon are certainly not fiery or eloquent, but the points are sensible and sound, though heavily put. But Kenyon was properly neither advocate nor orator, and he might as well be compared with a poet as with Erskine who was nothing but an advocate. Kenyon's judicial style, though flat and homely, was clear, and his knowledge of law—his perception of the points at issue—gave distinctness to his ideas and a sort of weight to his expression. His real leanings, like Lord Campbell's, strike us as being toward the introduction of common sense into law, so far as his own prejudices and the opinion of lawyers in his time permitted ; for we must not forget that what is possible in our flay was quite impossible sixty or seventy years ago. In this case of Madame Mara, which Lord Campbell praises it strikes us that Kenyon decided on a better principle than Lord Campbell or even Kenyon himself supposed.

"Lord Kenyon meritoriously checked the doctrine which was becoming too rampant, that a man is liable for the consequences, however remote or unforeseen, which can be traced to his acts. The proprietor of a theatre having brought an action against a critic for a libel on one of his performers, alleged in the declaration that the defendant, contriving to terrify and deter a certain public singer called Gertrude-Elizabeth Mara, who had been retained by the plaintiff to sing publicly for him, wrote and published a certain malicious paper, &c., by reason whereof the said Gertrude Elizabeth Mara could not sing without great danger of being assaulted and ill-treated, and was prevented from so singing, and the profits of the theatre were rendered much less than they otherwise would have been.' Madame Mara, being called as a witness, did swear that on account of the obnoxious article she did not choose to expose herself to contempt, and had refused to sing. "Lord Kenyon (stopping the defendant's counsel)—' The injury is much too remote to be the foundation of an action. An action might equally be supported against every man who circulates the bottle too freely and intoxicates an actor, per quod he is rendered incapable of performing his part upon the stage. The loss here arises front the vain fears and caprice of the actress. This action is to depend, forsooth, on the nerves of Madame It may be doubted whether the English law is not much too direct in its requirements, by which the really culpable perpetually escape the just punishment of their conduct. In this case it appears that the principle of intention and of reasonable consequences was contained in the decision. The intent of criticism is exposition or amendment, not to prevent the exercise of an art ; nor does it, as we very well know, have that effect. "Circulating the bottle" is not to intoxicate the actor, or at least to prevent his appearance. If such intent could be proved, or it could have been shown that a conspiracy, was formed to deter Madame Mara the law, we think, would interfere. We say. think ; for while judges will engage in discussions about their own forms, so inconceivably ridiculous that satires dare not imitate them, they deal very cavalierly with the interests of suitors.

The life of Ellenborough more requires an apology than that of Kenyon ; and the cause is intelligible enough, perhaps difficult for Lord Campbell to avoid. It is the orthodox Whig view, such as was fashionable among Whigs from the time of the break-up of "All the Talents" fiftyyears ago, till the break-up of the party as a national body with the final downfall of the Melbourne Ministry. Probably the biographer may have some special reminiscences of his own that induce a feeling. At all events, the life does not to our idea bring out the great qualities of Ellenborough; such as his comprehensive grasp, the broad views and massy strength of character that distinguished him, and were, so far as human experience goes, a cause of some of his worser qualities. We think, too, the biographer undervalues Ellenborough as a judge. A law-reformer he was not, and never professed to be ; but he ably administered the business of his court, with great success, and. settled the law in new or doubtful cases that came before him.

It must not be supposed that the portrait of Ellenborough is

tame, or absolutely unfair it is merely an unfavourable likeness. Some of his great qualities are admitted ; but they are not so strongly marked to the reader as his general impatience of opposition' his arrogant bearing, his indiscreet vehemence of speech, and his overbearing disposition. His caustic wit or humour is not omitted. Many stories are told of him, but we think with some lively additions, or various readings for which authority might not easily be adduced. These are new to us, and they probably indicate the feeling toward conveyancers of two Chief Justices.

"Mr. Preston, the famous conveyancer, who boasted that he had answered fifty thousand eases, and drawn deeds which would go round the globe if not sufficient to cover the whole of its surface, having come special from the Court of Chaneery to the King's Bench to argue a case on the construction of a will, assumed that the Judges whom he addressed were ignorant of the first principles of real property, and thus began his erudite harangue—' An estate in fee simple, my Lords, is the highest estate known to the law of England.' Stay, Stay,' said the Chief Justice, with consummate gravity, let me take that down.' Rewrote, and read slowly and emphatically, An estate—in fee simple—is—the highest estate—known to —the law a Eneand'; adding, Sir, the Court is much indebted to you for the information.' was only one person present who did not perceive the irony. That person having not yet exhausted the Year Books when the shades of evening were closing upon him, applied to know when it would he their Lordships' pkasure to hear the remainder of his argument? Lord Ellenborough— Mr. Preston, we are bound to hear you out, and I hope we shall do so on Friday ; but, alas ! pleasure has been long out of the question.' "Another tiresome conveyancer having towards the end of Easter Tenn occupied the Court a whole day about the merger of a term, the Chief Justice said to him, I am afraid, sir, the term, although a long one, will merge in your argument.' "

The life of Tenterclen is of less interest than his two immediate predecessors, from the inferior strength of his character. Perhaps

his legal reputation, which might an a measure be owing to the contrast of his mildnesswith Ellenborough's imperiousness, is dying away. Talfourd, in a notice of his life distinguished by nice critical perception, thought lightly of him. He was as much opposed to legal reform as Ellenborough, and with less excuse, for he came into the world twelve years later; which was the difference of ages when Romillv, Mackintosh, and Brougham had gained a "hearing from the world for legal reform, and. Peel from almost the outset of Tenterden's career of Chief Justice had made it fashionable. Tenterd.en had, however, a judicial mind ; and the extreme quietness of his nature, which Talfourd speaks of with something like contempt, and Campbell ascribes to a sensitiveness about his origin, might render him impartial. There is more of fresh knowledge in this biography than in the others, and apparently more of family information' as touching the love-letters and amatory verses (of a proper cast, of course) ; and really the great pleader wrote verse neatly and prettily. There is also more of living observation vividly showing itself; as in this summary of the hero's career as a counsel.

"Our hero was now as eminent and prosperous as a counsel can be at the English bar, who is not a leader—either with a silk gown as the ordinary testimonial of his eminence, or, if this for any reason be withheld from him, dashing into the lead in bombazeen, like Dunning, Brougham' and Scarlett. Abbott wore the bombazcen quite contentedly, and shrunk from everything that did not belong to the subordinate duties of the grade of the profession to which this costume is supposed to be appropriated. Yet both for profit and position he was more to be envied than most of those who sat within the bar, and whose weapon was supposed to be eloquence. He was a legal pluralist. His best appointment was that of counsel to the Treasury., or rather Devil to the Attorney-General' ; by virtue of which he drew all informations for libel and indictments for treason, and opened the pleadings in all Government prosecutions. Next he was counsel for the Bank of England, an office which, in the days of one-pound notes, when there were numerous executions for forgery every Old Bailey Sessions, brought in enormous fees. He was likewise standing counsel for a number of ether corporations and chartered companies ; and being known to be a zealous churchman as well as good ecclesiastical lawyer, he had a general retainer from most of the Prelates and Deans and Chapters in England. Erskine in al his glory never reached 10,000/. a year ; yet Abbott, leguleius quidam,' is known, in the year 1807, to have made a return to the Income-tax of 8026/. os. as the produce of his professional earnings in the preceding year ; and he is supposed afterwards to have exceeded that amount. "I believe that he never addressed a jury in London in the whole course of his life. On the circuit he was now and then forced into the lead in spite of himself, from all the silk gowns being retained on the other side ; and on these occasions he did show the most marvellous inaptitude for the functions of an advocate, and almost always lost the verdict. This partly arose from his power of discrimination and soundness of understanding, which enabling him to see the real merits of the cause on both sides, afterwards fitted lum so well for being a judge. I remember a sergeant-at-law having brilliant success at the bar from always sincerely believing that his client was entitled to succeed; although, when a Chief Justice be proved without any exception, and beyond all comparison, the most indifferent judge who

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has appeared n Westminster Hall in my time. Poor Abbott could not struggle with facts which were decisive against bins; and if a well-founded legal objection was taken, recollecting the authorities on which it rested, ho betrayed to the presiding judge a consciousness that it was fatal. His physical defects were considerable, for he had a husky voice, a leaden eye, and an unmeaning countenance. Nor did he ever make us think only of his intellectual powers by any flight of imagination or ebullition of humour or stroke of sarcasm. But that to which I chiefly ascribed his failure was a want of boldness, arising from the recollection of his origin and his early occupations. He showed his blood.' Erskine undoubtedly derived great advantage from recollecting that he was known to be the son of an earl, descended from a royal stock. Johnson accounts for Lord Chatham's overpowering Vehemence of manner from his having carried a pair of colours as a cornet of horse. Whether Abbott continued to think of the razor-case and pewter-basin I know not ; but certain it is there was a most unbecoming humility and self-abasement in his manner' which inclined people to value him as lie seemed inclined to value himself. Called upon to move in his turn when sitting in court in term-time, he always prefaced his motion with I humbly thank your Lordship.' I remember once when he began by making an abject apology for the liberty he was tgting in contending that Lord Ellenborough had laid down some bad law at nisi prium, he was thus contemptuously reprimanded, Proceed, Mr. Abbott, proceed; it is your right and your duty to argue that I misdirected the jury, if you think so.'

"Re had apprehensions that he could not remain much longer stationary at the bar. He said to me that if he were sure of having the second brief in a cause he would never wish to have the first, but that he might be driven to hold the first if he could not have the second."

This view of the Court when under Chief Justice Abbott has the same character of living knowledge, with a hit at somebody in later clays.

"The far happiest part of myi life as an advocate I passed under the auspices of Chief Justice Abbott. From being a Puisne, it was some time before he acquired the ascendancy and the prestige which, for the due administration of justice, the Chief ought to enjoy ; and while Best remained a

member of the Court he frequently obstructed the march of business. But when this very amiable and eloquent although not very logical ,judge had. prevailed upon the Prince Regent to make him Chief Justice of the Common Pleas, the King's Bench became the beau ideal of a court of justice. Beat was succeeded by Littledule, one of the most acute, learned, and simple-minded of men. For the senior Puisne we had Bayley.. He did not talk very wisely on literature or on the affairs of life, but the whole of the common law of this realm he carried in his head and in seven little red books. These accompanied him day and night; in these every reported case was regularly posted, and in these, by a sort of magic, he could at all times instantaneously turn up the authorities required. The remaining Puisne was Haroyd • who was absolutely born with a genius for law, and was not only acquainted with all that had over been said or written on the subject, but reasoned most scientifically and beautifully upon every point of law which he touched, and, notwithstanding his husky voice and sodden features, as often as he spoke he delighted all who were capable of appreciating his rare excellence. Before such men there was no pretence for being lengthy or importunate. Every point made by counsel was understood in a moment; the application of every authority was discovered at a glance; the counsel saw when he might sit down, his case being safe, and when he might sit down, all chance of success for his client being at an end. I have practised at the bar when no case was secure, no case was desperate, and when, good points being overruled, for the sake of justice it was necessary that bad points should be taken : but during that golden age law and reason prevailed—the reault was confidently anticipated by the knowing before the argument began, and the judgment was approved by all who heard it pronounced, including the vanquished party. Before such a tribunal the advocate becomes dearer to himself by preserving his own esteem i, and feels himself to be a minter of justice, instead of a declaimer, a trickster, or a bully. I do not believe that so much important business was ever done so rapidly and so well before any other Court that ever sat in any ago or country.'

Yet after all, it seems Tenterden had as grave a fault as a judge can well have—partiality, and that to a counsel.

"rho only grave fault which could be ,justly imputed to Chief Justice Abbott was, that he allowed himself to fall under the dominion of a favourite. A judge is in danger of having such a charge brought against him from one counsel in his court being much more employed than any other, and being almost always retained by plaintiffs, who in a large proportion of causes succeed. This may prove a pan'arion for Abbott, but by no means an entire exculpation. Sir James Seeded had been his senior at the bar, and when they wore in the same cause on the seine side, had often snubbed him, without permitting him to examine an important witness, and hardly even to open his mouth upon a point of law. The timid junior, become Chief Justice, still looked up to his old leader with dread, was afraid of offending him, and was always delighted when he could decide in his favour. The most serious evil arising from this ascendancy was when Scarlett conducted criminal prosecutions 'before Abbott, and, above all, prosecutions for conspiracy. In a long sequence of these in which there had been convictions, the Court granted new trials, on the ground that the verdict was not

supported by the evidence, • * •

" The bar evinced a jealous sense of the ascendancy of the favourite. On one occasion when, with the seeming approbation of the Chief Justice, Soarlett had said, in an altercation with Mr. Adolphus, who practised chiefly in the criminal courts,. There is a difference between the practice here and at the Old Bailey,' his antagonist retorted, to the delight of his brethren, I know there is : the Judge there rules the advocate—here, the advooate rules the Judge.'"