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Updated: May 27, 2025
English lawyers, he held, thought only of 'fee-gathering'; and their technical methods virtually reduced a trial from an impartial process of discovering truth into a mere struggle between lawyers fighting under a set of technical and arbitrary rules.
A synonym for 'technical' is 'fee-gathering. Lawyers of all classes had a common interest in multiplying suits and complicating procedure: and thus a tacit partnership had grown up which he describes as 'Judge and Co. He gives statistics showing that in the year 1797 five hundred and forty-three out of five hundred and fifty 'writs of error' were 'shams, or simply vexatious contrivances for delay, and brought a profit to the Chief Justice of over £1400.
He knew the personnel of the committee on judiciary; knew that at least three members of it were down on the list, made up at the beginning of the session by his colleagues in the army of observation, as "approachables". Also, he knew by inference at least, that these three men had been approached, not without success, and that House Bill Twenty-nine, with its fee-gathering amendment, was safely shelved.
Briefly, however, I am content to say that, while he starts from Bentham, and admits Bentham's fundamental principles, he has become convinced by experience that Bentham's onslaught upon 'judge-made law, and legal fictions, and the 'fee-gathering' system, was in great part due to misunderstanding. The law requires to be systematised and made clear rather than to be substantially altered.
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