Continuity or Change in the Court of Chancery in the Seventeenth and Eighteenth Centuries?

Abstract

No reader of Bleak House is likely to forget its scathing portrayal of the excesses of the unreformed Court of Chancery in the handling of Jarndyce v. Jarndyce. From its publication in 1852–53, it has created an indelible image of the Court, so powerfully influencing historians as well as laymen that it is sometimes hard to remember that it is fiction, and polemical fiction at that. The fiction, however, is built on a secure bedrock of fact; the voluminous testimony and submissions made by Dickens's contemporaries to a series of parliamentary inquiries on the legal system furnish ample backing for much of his “bill of complaint” on such scores as delay and expense, procedural technicality, and inconclusiveness of outcome. Thus, John Forster, a partner in one of the biggest firms in Lincoln's Inn, called the Court's delays “heart-sickening” and characterized its “modes of proceedings … as little adapted to the ordinary duration of human life as they are calculated for the determination of differences and the quiet of possessions”; in the same vein, a future master of the rolls averred that “cases have occurred, within my knowledge, in which the whole property to be administered in Chancery, has proved insufficient to pay the costs of the suit.”As with the early nineteenth-century attacks on the unreformed House of Commons and the traditional electoral system, denunciations of the Court of Chancery's failings have a long history and, often, a repetitive quality.