arian knowledge to the subtlety of a great
logician. The 'vast and intricate machine,' as Blackstone calls it, 'of
a voluminous family settlement' required for its explanation the
dialectical skill of an accomplished schoolman. The poor
country-gentleman could not understand the terms on which he held his
own estate without calling in an expert equal to such a task. The man
who has acquired skill so essential to his employer's interests is not
likely to undervalue it or to be over anxious to simplify the labyrinth
in which he shone as a competent guide.
The lawyers who played so important a part by their familiarity with the
mysteries of commercial law and landed property, naturally enjoyed the
respect of their clients, and were rewarded by adoption into the class.
The English barrister aspired to success by himself taking part in
politics and legislation. The only path to the highest positions really
open to a man of ability, not connected by blood with the great
families, was the path which led to the woolsack or to the judge's
bench. A great merchant might be the father or father-in-law of peers; a
successful soldier or sailor might himself become a peer, but generally
he began life as a member of the ruling classes, and his promotion was
affected by parliamentary influence. But a successful lawyer might fight
his way from a humble position to the House of Lords. Thurlow, son of a
country-gentleman; Dunning, son of a country attorney; Ellenborough, son
of a bishop and descendant of a long line of North-country 'statesmen';
Kenyon, son of a farmer; Eldon, son of a Newcastle coal merchant,
represent the average career of a successful barrister. Some of them
rose to be men of political importance, and Thurlow and Eldon had the
advantage of keeping George III's conscience--an unruly faculty which
had an unfortunately strong influence upon affairs. The leaders of the
legal profession, therefore, and those who hoped to be leaders, shared
the prejudices, took a part in the struggles, and were rewarded by the
honours of the dominant class.
The criminal law became a main topic of reformers. There, as elsewhere,
we have a striking example of traditional modes of thought surviving
with singular persistence. The rough classification of crimes into
felony and misdemeanour, and the strange technical rules about 'benefit
of clergy' dating back to the struggles of Henry II. and Becket,
remained like ultimate categories of thought
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