Henry Cecil on the judiciary
This fascinating and instructive book tells the story of judges' mistakes (and achievements) for a thousand years up to the present day. It is told with humour, com- passion and sometimes in an attractively
satirical vein. An immense amount of research has gone into it and it is difficult to believb that Mr Turner is not connected with the law. Starting with the King's Court in Norman times Mr Turner goes through Eng- lish legal history concentrating on the powers and behaviour of the judges right up to the present moment.
With one qualification, Mr Turner's selec- tion of material is admirable and, though much of it will be well-known to lawyers and historians, he has also unearthed some lesser known and interesting facts. For example, when a few years ago two High Court judges had thoughts of resigning and returning to the Bar the question arose whether such a step could be taken. How many lawyers then knew that in Stuart times dismissed judges used to return to practise at the Bar? And in these days when some people shrink from referring to the 'working classes' and when sometimes men in highly paid positions who were educated at public schools and universities say (without meaning it) that they are members of the working class, how many people are aware that in 1842 Baron Alderson said: 'The judges who now sit in these courts have a great deal of labour to perform and they belong to the labouring classes'?
The qualification referred to above is that, for this reviewer at any rate, the frequent details in the earlier part of the book of ec- clesiastical and judicial barbarities appear unnecessary. There is even a chapter with the title 'Off with his Ears'. Apart from this defect the book should give unalloyed pleas- ure to most people in and out of the legal profession who want to read about judges. It is crammed with interesting or amusing anecdotes and not least of the attractions of the book is the author's method of presenta- tion and his gently cynical comments.
Referring to a forger condemned to death, the author seeks to acquit of bad taste the judge who in passing sentence said : 'And I trust that through the merits and mediation of our Blessed Redeemer you may ex- perience that mercy which a due regard to the credit of the paper currency of the coun- try forbids you to hope for here.' 'This presumably,' says Mr Turner, 'was an at- tempt to ridicule a law which demanded a life for a £1 note.' But perhaps Mr Turner was too kind to the judge. Even today forgers of £1 notes could expect a heavy sentence.
There is a gentle reminder to the judges of today that a summing-up should be im- partial, advice which a few judges still need. Mr Turner refers us to Boswell's letter to Lord Braxfield in which he said: 'Has your lordship never remarked in the Judiciary Court that when witnesses were swearing against the prisoner their testimony was received by the Bench with full credibility, but when swearing for him mistrust and suspicion were evidently expressed?' This was said nearly two hundred years ago, but it is probably not two hundred days since a judge has said to a prisoner or a witness for the prisoner: 'So that's what you say.'
Mr Turner is only against the judges when they were guilty of barbarity or unfairness or swayed by political considerations. He traces their history through the days of corruption until, mainly as a result of the Act of Set- tlement 1701, at long last a Bench emerged which became entitled to the confidence of the public, and has justifiably retained it for over 200 years. He adds, for good measure, that 'self-importance, eccentricity, fussiness —these qualities are less evident on the Bench than of old.' Mr Turner does, however, make one serious mistake about the conduct of judges in their private lives. He writes: 'No judge will be expected to resign for being involved in a divorce.' This reviewer does not believe for one moment that in the most unlikely event of a High Court or County Court judge being found guilty of adultery he would not have to resign. In all probability hewould do so before the case was heard. It is, however, in the highest degree improbable that the question will ever arise. It is traditional that judges behave themselves in their private lives.
The book has twenty-seven excellent illus.' trations. One of the most interesting to lawyers may be the photograph of a drawing of the Lord Chancellor's Court at Lincoln's Inn Hall showing a case being tried with a jury. Modern lawyers do not associate a jury with the Chancery Courts.
To have condensed all the material Mr Turner has used into 242 pages without at any time surfeiting the reader is a very con-i siderable feat. No doubt the author's happy, easy style has a great deal to do with this.
Henry Cecil was formerly a County Court judge and has written many novels and plays as well as books about law
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