5(36 The Court of Chancery. [JuNB, 



upon the chancellor, as the delegate of their original patriarchal protec- 

 tion, the management of the affairs of infants. As the representative of 

 the same paternal prerogative, the affairs of lunatics were subjected to his 

 personal government a government, the administration of which, now 

 appears, from the evidence of the late chancellor's secretary, to occupy, 

 on an average, nearly one hundred days in every year, or something 

 above & fourth of his time ! To the administration of corporations he has 

 succeeded in the same right ; and to other public charities, partly in 

 virtue of that, and partly by statutory provision. The enumeration of 

 all the burthens which successive statutes have accumulated upon him, is 

 not within our limits. The bankrupt jurisdiction alone, which was 

 imposed in the reign of James I., would form an ample source of employ- 

 ment to any single individual ; and, indeed, from the piles of business 

 from time to time heaped upon him, it would seem as if our ancestors, in 

 the depths of their wisdorn, had mistaken the chancellor for the fabled 

 supporter of the world. 



In the administration of these various subjects, the constitution of the 

 court has most effectually secured that, with the maximum of remune- 

 ration to themselves^ its numerous subordinate officers should afford the 

 minimum of service to the suitors. One document, of unquestionable 

 authority, cited by Mr. Parkes, will speak volumes on the subject 

 (pp. 149-50) : " If we look back into ancient times, we shall find the 

 business of the Chancery to be but little, and the officers and clerks but 

 few ; namely, a chief clerk, who was master of the rolls : three attornies, 

 or writing clerks, who dispatched the business now done in the Six 

 Clerks' Office ; one register, and one examiner ; all which, except the 

 chief clerk, were writing clerks, for dispatch of the business of the 

 court, and taking care of clients' causes, and, for such their care and 

 pains, they received all the fees which the clients paid, except only what 

 was due to the master of the rolls ; and, then, the labourer receiving his 

 full wages, the business was well and soon dispatched, and the records 

 well kept." With the increase of business, the attornies increased to 

 six, and the examiners to two. These quickly delegated the discharge 

 of their duties to inferior clerks, whom they employed at a lower scale 

 of payment ; and then " wholly withdrawing themselves from the duty 

 of their places," put the difference into their pockets, as the political 

 economists would say, in the shape of rent. The amusement of their 

 retirement " was to contrive rules and methods of practice, with many 

 tedious and unnecessary formalities, in such manner as that no business 

 might pass by them undiscovered, nor any fees unpaid ; and this occasioned 

 great expense to the clients, and much more pains to the under clerks 

 than was necessary ! Whether this noble occupation still continues to 

 fill up the leisure of the six clerks in our time, is a problem we do not 

 dare to solve ; but the entertaining loss which one of that industrious 

 body was at, before the late Chancery Commissioners, to state the duties 

 which they do perform, leaves us at liberty to indulge in all sorts of 

 whimsical surmises. 



The author of an able pamphlet on the then existing evils of the Court 

 of Chancery, written in 1650, cited by Mr. Parkes, and referring to 

 these practices of the six clerks, prophecies of the court, that it " is like 

 to become a mere monopolie to cozen the subjects of their monies." The 

 laudable example set by the superior officers of the respective depart- 

 ments, was assuredly not thrown away upon the inferiors. It lives to the 

 present hour, in the exquisite device which, with an ingenuity little short 



