Newspaper headlines over the past year reveal outspoken criticism of the judiciary: 'Time to judge the judges', 'When judges talk too much', and 'Judges to go to classes for racial awareness'.
Anyone reading the diaries of Joseph Farington, written from 1793 to 1821, will find that criticism of judges was common - little has changed.
Farington was a member of the Royal Academy; he was not a highly gifted artist, but the words of his diary paint a vivid picture of contemporary life, in which judges seem particularly newsworthy.Lord Eldon was Lord Chancellor for the greater part of the period covered by the diaries.
Boswell, son of Johnson's biographer, believed that Eldon was 'the greatest lawyer that has sat in the Court of Chancery since Lord Hardwicke'.
But Mr Girdlestone, a solicitor, had a very different opinion.
'Lord Eldon', he said, 'was a man of very limited knowledge'.Lord Eldon's limitations were graphically described.
'He decides with such hesitation, and so protracts the business of the court, that it has become most expensive, and almost hopeless as to the termination of it.
The cases submitted to him have so greatly multiplied as to cause a proposal for an assistant to him; but as this would subtract from his fees, it is not likely to be agreed.
His income from his office is very great, perhaps £25,000 a year.
He is extremely parsimonious, and hardly ever gives a dinner.'There is a lively account of his indecision.
'He questions, makes the business slow, carries the papers home for consideration, gives another hearing to a cause, again carries the papers home, will hear again, and again carry back the papers.
And something else having occupied his attention, this case will be added to heaps of other cases, and p ass from his mind.'Mr Girdlestone thought the Chancellor's brother, Sir William Scott, a judge of the High Court of Admiralty, was an infinitely superior man.
'He has very extensive knowledge of languages, and of most subjects, with great sagacity and decision.' He, too, was very rich, with perhaps £17,000 a year, and he was 'a remarkable economist'.
At the age of 68, Farington notes, he married the Dowager Marchioness of Sligo, 'a fine woman of 45 or 46 years of age'.
They had met when Sir William sentenced her son, the marquis, to six months' imprisonment and a fine of £5000.Lord Eldon was less fortunate in his later domestic affairs.
In 1818, Lord Eldon's daughter, 'who is towards 40, and owns to 36', had recently married Mr Repton, son of the landscape gardener.
'Lord Eldon will not now acknowledge his daughter, not having known of the marriage until after it took place.
Lord and Lady Eldon have sent her court dress to her in a parcel, without note or message; he is not likely to be reconciled to his daughter.'A few days later the diary records that 'Lord Eldon has lately made his will, consisting of several sheets of paper, all written with his own hand and each sheet witnessed by official officers serving under him.
His making his will at this time is considered unfavourable to his daughter.'Lord Eldon's tenure of office was interrupted in 1806 when Thomas Erskine became Lord Chancellor.
Farington noted that 'Erskine is likely to make a good Chancellor.
He will rise early and labour to prepare himself for a cause.
He is also spirited and has resolution.'But soon there came less favourable comment.
At the lord mayor's Easter feast Lord Chancellor Erskine 'got drunk, and rolled about, holding Dignum, the singer, by the arm'.
Erskine's chancellorship ended the following year.
He never held high office again (though in 1814 there is a note that Nollekens was still making marble busts of Erskine priced 150 guineas; half-price if in plaster).There is a very sad entry for 8 November 1820.
'Lord Erskine has had several children by a woman he kept, and some time since, in order to legitimise them, took their mother to Scotland to marry her.
His eldest son set off to endeavour to prevent it.
But Lord Erskine effected his purpose by disguising himself in an old woman's dress.
He resides at Hampstead, where, it is said, the woman he has thus married domineers over him.
Though by disposition he is an economist, he has by his passions impoverished himself.'The chief justice of the common pleas was Lord Ellenborough.
He seemed a competent judge.
'Nothing could be more clear and fair than Lord Ellenborough's summing-up,' said Lord Lonsdale.
But later entries in the diary reveal certain frailties.
'Lord Ellenborough is a voluptuary, remarkable for indulging himself, and eating of high dishes and rich food, and that in great quantity.
He also drinks freely, both at home and abroad.
He is not much liked by lawyers in his judicial capacity; he often becomes warm in that situation.' One who stood before him at Maidstone Assizes was 'awed by the violence of his manner', On one occasion he was hissed and hooted by the mob.In a further comment, Lord Ellenborough is described as 'altogether a sensual man'.
The recorder of London, Sir John Sylvester, indulges much at table; but, in eating turtle at table with Lord Ellenborough, Sylvester fairly acknowledged that he was outdone by his lordship.
In 1818 Boswell remarked, perhaps not surprisingly, 'Lord Ellenborough becomes heavy and less able than formerly.'The Master of the Rolls, Sir William Grant, had a similar weakness.
'He had the known habit of drinking a bottle of wine after dinner, before going to court; and in the evening of taking a larger quantity.' But, fortunately for the litigants: 'Whatever his habits may be, his decisions are admirable, well-considered and just.'There were other failings among the judiciary.
Sir Thomas Plumer was garrulous.
'As Vice-Chancellor he is not approved.
He is at all times in the habit of talking too much, and when he has to decide on cases he is so prolix that counsel frequently quit the court, leaving only a reporter.
His decisions are not depended upon.
There have been 16 appeals from his decisions in 20 cases and most of them have been set aside.'Sir Samuel Romilly was more favourably regarded, as a 'highly educated man, deeply acquainted with the law.
His temper is the only thing against him, it being sour, not agreeable.'There is dissatisfaction with Lord Thurlow.
He 'doubled and cavilled at anything; his judicial understanding was anything but straightforward'.
Judge Blackstone was described as 'a man of unpleasant manners'.
Judge Marriott was 'remarkably vulgar'.Worse still, the senior judges seemed to be in poor health.
Farington, himself the victim of 'flying rheumatick pains' gives an alarming report.
'Vice-Chancellor Plumer has a stricture, Baron Thomson is considered to be breaking up, and Sir Vicary Gibbs is confined with a diarrhoea.'After such depressing accounts, it is heartening to read that 'Judge Dallas is very able in his profession.' Boswell thought he might very well become Lord Chief Justice; and so he did, succeeding Lord Ellenborough in 1818.
Mr Parke, the new judge, is 'a religious, charitable man'.
He is better known to posterity as the eminent Baron Parke.
Serjeant Copley is 'rising to distinction'.
He continued to rise, becoming successively Attorney-General, Master of the Rolls, and finally Lord Chancellor.Despite his generally low opinion of the judges, Farington firmly states that 'law men are more agreeable than churchmen', and that 'nobody labours so much as lawyers and physicians', Has anything changed at all since the time of the diaries?
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