Page:The Green Bag (1889–1914), Volume 13.pdf/525

This page needs to be proofread.
484
The Green Bag.

the House during his twelve years service was not congenial to his peculiar powers. Lord Campbell, whose unquestioned learning was his servant and not his master, combated here, as he had in the courts below, the narrow technicalities with in which Wensleydale sought to con fine the common law. Then the preponderance of • equity lawyers, due to the rapid suc cession of chancel lors, was little cal culated to lend support to his gen eral views. A far more accomplished lawyer was added to the court in 1858 in the person of Lord Kingsdown, after his brilliant services in the Privy Council. embodies the* highest qualities of a judge, then From the chan the decisions of that in cellorship of Lord dividual, being uniform, certain, definite and Westbury (1861clear, would be of the 65) a new period highest possible value; precisely as if you had may be said to an arbitrary government, begin. Himself one with absolute authority vested in a man of the of the ablest law highest possible moral yers who ever held and intellectual perfec tions, one would desire the seals, Westbury to live under thatgovernhad the assistance ment rather than any other. But it is so diffi of four ex-chancel cult to obtain such a lors and two legal man, and still more a succession of such men, peers. The chan that it is impossible, LORD COLONSAY. cery element now particularly in the case of a tribunal which has predominated, and causes brought before the eminent ability of the succeeding it from all quarters of the globe, involving all possible questions, to suppose that one individual will at all times chancellors. Cairns, Hatherley and Selborne, be equal to the satisfactory determination of such a vast and multitudinous assembly of subjects; therefore it is maintained this ascendency for the remainder that we desire a greater number of minds than one, in of the period. In 1867 the court was further order that some may supply what is wanting in others."

force and infuse adequate ability in the House by the creation of life peers. The plan itself was admirable, but the elevation of Baron Parke as Lord Wensleyclale, in pursuance of the plan, was not cal culated to further liberal views. Lord Wensleydale came to the House of Lords after his long domination in the common law courts; and, it may be added, just as his domination ceased. The Com mon Law Pro cedure Act seemed to him a desecra tion of the sacred system of special pleading, and led to his retirement from his old court. The atmosphere of