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Cursitor-Baron of the Exchequer-Origin of the Title and Office.

tural inference seems to be, that his appointment was for the sole purpose I have intimated, viz. to audit the sheriff's accounts, and to transact all the customary business with regard to them, and the other matters of course which were merely ministerial.

"It is observable also that, although King James I. in the first year of his reign added a fifth Judge to each of the Courts of King's Bench and Common Pleas, his order did not extend to the Exchequer, which then had only four; yet when the Judges of the two other Courts were, after a few years, again reduced to four, the Exchequer, besides the four legal Barons, still retained the Cursitor-Baron.

Sotheron (the elder) when all the others had become legal Barons. The words 'always a Coursetour of the Court,' are evidently used merely as descriptive of the duties of the fourth Baron, not as denoting his title; for neither he nor his predecessors are ever designated by any other title than that of fourth Baron. When, however, on his resignation, all the four regular Barons became legal Barons, and none of them were competent to perform the duties which hitherto bad devolved on the fourth Baron, then an extra and an inferior officer was added to the Court to exercise those formal functions; and as by the constitution of the Court these duties could not be performed but by a Baron, he received the designation of Cursitor-Baron; but he was not invested with any judicial power.

"The title, Baron-Cursitor, was evidently adopted in imitation of the ancient Cursitors in Chancery, who, holding the second place under the Chief Clerks or Masters of that Court, "In the next work on the Exchequer which were called in Latin Clerici de Cursu, and pre- I have met with, published by Christopher pared all original writs and other writs of Vernon, in 1642, the proper distinction is course. So also the Barons-Cursitor held a made. The author there says, "The chiefe secondary rank, and were solely employed, Baron and three other learned Barons, and the like their prototypes, in doing the formal busi- puny or Cursitor-Baron, are all in the King's ness, the settled rule, of the Exchequer. gift. The said Cursitor-Baron being so called because he is chosen most usually out of some of the best experienced Clerkes of the the two Remembrancers' or Clerke of the Pipe's Office, and is to informe the Bench and the King's learned counsel from time to time, both in Court and out of Court, what the course of the Exchequer is.'

"Dr. Cowell, in his 'Interpreter,' published in November, 1607, by stating, under the word 'Baron,' that there were only four Barons of the Exchequer, manifestly shows that he describes the state of the Court at an earlier period than the date of this book; no less than sixteen months having then elapsed since the appointment of Nowell Sotherton as a fifth Baron. The author was a civilian resident at Cambridge, and, being professionally ignorant of the practice of the Court, was evidently not aware of the change. His account turns out to be a mere abridgement of the narration of the duties of the Barons and other officers written by Sir Thomas Fanshawe, the Queen's Remembrancer, for the instruction of Lord Buckhurst, when he was appointed Lord High Treasurer in 1599: and that narration of course applied to the state of the Court as it existed at that time, and for the twenty previous years, viz.-ever since the introduction of legal Barons.

2

"Both say that the Lord Chief Baron 'answereth the barre in matter of lawe;' that the second Baron, in the absence of the Lord Chief Baron,' doth the like;-that the third Baron, 'in the absence of the other two,' has the same duty;-and that the fourth Baron 'is always a coursetour of the Court, and hath bene chosen of some one of the clerks of the Remembrancers' offices, or of the clerke of the Pipe's office. . . He informeth the rest of the Barons of the course of the Court in any matter that concerneth the King's prerogative.' This was precisely the position of John

“It may then, I think, be concluded that Nowell Sotherton was the first person who was added to the four regular Barons, as an appendage to the Court, with the special denomination of Cursitor-Baron; that Thomas Cæsar was the second, which will account for the expression in the Inner Temple order, commonly called;' and that John Sotherton (the younger) was the third. The latter continued in office in the reign of Charles I.; and when Michaelmas Term was adjourned on account of the plague that raged in the sixth year, we find that the Essoigns were kept by Baron Sotherton, that duty being merely a matter of

course.

"One of the most showy functions of this officer was then, and it is now, to make the public announcement of the Crown's approval of the election of the sheriffs of London and Middlesex: a duty perhaps imposed upon him because the time of their inauguration occurs in the middle of the vacation, when the other Barons are absent. I am in possession of a quaint speech made, or pretended to be made,

"I find that these words are also used in a manuscript, exhibited to the Society on its next meeting after this paper was read, which is stated to be written in 1572. It seems more "These instructions seem to have remain- probably to have been written in 1600; and ed in manuscript till 1658, when they were with regard to the fourth Baron, it adopts prepublished under the title of The Practice of cisely the same description as that given by Sir the Exchequer Court, with its several offices Thomas Fanshawe.-Proceedings, III., 121. and officers. Written at the request of the 4 "Considerations for regulating the ExcheLord Buckhurst, some time Lord Treasurer of quer. Per C. Vernon, de Scaccario Dom England. By Sir T. F.,' pp. 23-24. | Regis, 1642, p. 33.

Cursitor-Baron of the Exchequer.-Law Amendment Society.

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on one of these occasions by Cursitor-Baron | no prejudice. Pray, gentlemen, what have you Tomlinson, in the time of the Protectorate, to dinner? for I profess I forgot to go to marwhich is so curious in itself, and so illustrative ket yesterday, that I might get my speech by of the view I have taken of the position which heart. Truly, gentlemen, I count it no disthe Cursitor-Baron held, that I shall be ex- honour to go to market myself. cused for giving a few extracts.

"Francis Warner and William Love were elected sheriffs in 1659, and on their presentation at the Exchequer the Baron commenced thus;- How do you do, Mr. Warner? God save you, Mr. Love!' He then observes in them three things:-that they are well cladthat they feed well-and that consequently they do well. With regard to the first he remarks:-'Truly, I wish I were a sheriff, so it were not chargeable, for certainly a sheriff never can be a'cold-his gown is so warm; and o'my word yours seem to be of excellent good scarlet. Some men may ask why you wear red gowns, and not blew or green.' And then, after shewing why they should not be blue or green, he proceeds: But red is the most convenient colour; for indeed most handsome and delectable things are red, as roses, pomegranates, the lips, the tongue, &c., so that indeed our ancestors did wisely to clothe magistrates with this decent and becoming colour. 'Tis true I have a gown too, but they make me wear the worst of any Baron of the Exchequer; 'tis plain cloth, as yee see, without any lining; yet my comfort is, I am still a Baron, and I hope I shall be so as long as I live; when I am dead I care not who's Baron, or whether there be a Baron or no.' But,' he says a little further on, do you know wherefore you come hither? I don't question but you do; however, you must give me leave to tell yee, for in this place I am a better man than either of you both, or indeed both of you put together. Why then I will tell yee: you come hither to take your oaths before me. Gentlemen, I am the Puisne Baron of the Chequer, that is to say, the meanest Baron; for though I am not guilty of interpreting many hard words, yet this hath been so continually beaten into my head that I do very well understand it. However, I could brook my means well enough (for some men tell me that I deserve no better), were it not the cause of my life's greatest misery, for here I am constrained, or else I must lose my employment, to make speeches in my old age, and when I have one foot in the grave, to stand here talking in publike.'

Since I went, I find that my servants cheated me of, I warrant, five pounds in the year. They would reckon me two shillings for a leg of mutton, which I can buy as good a one now for five groats and two pence Now, Mr. Sheriffs, get yee home, kiss your wives, and by that time the cloth's layed, I'll be with you, and so God by till I see you again.

"The rest of the worthy Baron's address is quite as humorous and odd; but, though it might entertain your lordship in private, it would be derogating from the gravity of this meeting to inflict upon it any further specimens. Whether it be the real speech or only a burlesque on his usual style of address, it is equally curious and interesting."

LAW AMENDMENT SOCIETY.

ANNUAL GENERAL MEETING.

On the 24th February, the Annual Meeting of this Society was held, Lord Brougham in the Chair; present also:-Mr. Vernon Smith, M.P., Mr. Fitzroy, M.P., Sir J. Pakington, M.P., the Solicitor-General, Mr. Dunlop, M.P., Viscount Ebrington, M.P., Mr. Napier, M.P., Mr. M. D. Hill, Mr. Hadfield, M.P., Mr. Craufurd, M.P., Mr. Murrough, M.P., Mr. Whiteside, M.P., Mr. Massey, M.P.,

&c.

Lord Brougham said, the members were no doubt all aware of the reasons which induced the council to change the period of holding the annual meeting from the month of June to the early part of the year. The real and practical reason was, that by holding the meeting at the beginning instead of the end of the Session of Parliament, they would be in a better position to lay the foundation for the measures to be brought into Parliament, or, at least, to broach such measures with the view of furthering the great object of the amendment of the law. When they met at the end of the Session all they could do was to congratulate each other on the improvements which had taken place during the Session, or to condole with each other for those that failed; and he was afraid the latter chapter was much more enlarged than the former. He did not remember a Session which had done more for the amendment of the law than the last; and he would fain hope that the present would not lag behind with "unequal foot." Unhappily they were now engaged in war, and that circumstance affected improvements in many branches of internal economy; but it would be, in his opinion, a cruel and needless addition to the "Baron Tomlinson's learned speech to calamities of war, if, on that account, they were the Sheriffs of London and Middlesex, when to suspend improvement in any branch of inthey came to be sworn at the Chequer.' Lon-ternal economy, except such as the existence don: printed in the year 1659. of hostilities rendered absolutely necessary,

"He tells the sheriffs, among other things, that they are the chief executioners,' and adds, and now we talk of hanging, Mr. Sheriff, I shall entreat a favour of you; I have a kinsman at your end of the town, a ropemaker; I know you will have many occasions before this time twelve months, and I hope I have spoken in time; pray make use of him, you'll do the poor man a favour, and yourself

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Law Amendment Society—Annual General Meeting.

The Solicitor-General moved "That in rangement, order, and method would form pro the opinion of this meeting it is desirable tanto, an approximation to a digest of that porthat the friends of law reform should, at the tion of the law. But that which was the first present time, direct their special attention to requisite, and the most readily capable of conthe following measures:-1. The consolidation densation and embodiment, was the Statute of the law. 2. An amendment of the Common Law of England. Here there was at present Law Procedure Act of last Session, so as more but a great scene of chaos, confusion, and diseffectually to secure the attainment of its order, and it became necessary to consider objects. 3. An amendment in the Law of whether by consolidation something like light Bankruptcy. 4. An alteration in the Law of and order might not be eliminated from what Partnership, with a view to affording greater was now one mingled mass of confused elefacilities for the formation of partnerships with ments. It appeared to the Lord Chancellor limited liability. 5. An amendment in the that this was beyond the power of attainment. laws relating to women; including the Law of But he did not hesitate to say that he would Divorce. 6. The appointment of a public not say a consolidation, but-a Digest of the prosecutor. 7. The more speedy trial of Statute Law might be effected. By a Digest offenders (especially when charged with petty of the Statute Law he wished it to be clearly offences), and a general improvement in the understood, he did not mean that they should administration of the criminal law. 8. The have the Statutes simply consolidated, but that amendment of the Acts of last Session relating they should set out with something like a phi to juvenile reformatories." Although the cir-losophic distribution and arrangement of the cumstance which had been referred to by the subject, according to which the great heads of noble chairman, and which now absorbed the legislation and rules of law would be divided, attention of all men in this country, might so as that each division might throw light on prevent them from laying as many useful the other, and stand in harmonious relation. measures as they desired before Parliament, By such a methodical arrangement of the still he hoped that the Session would not pass different branches of the law and the rules of away without great subjects being introduced to the notice of the Legislature. It would serve a useful purpose if the attention of the Society should be directed to a few of the more important topics of law amendment, with the view of aiding by their suggestions and advice the efforts of their collaborateurs in Parliament. A mere accident enabled him to be present at the meeting. He could therefore offer only such observations as occurred to him on the moment in reference to the ample list of sub-perty might, in the hands of its possessor, be jects to which the special attention of the So- come a commodity as saleable and as readily ciety was to be directed, reminding the Society converted into money as the house or furni that what he might say was not to be taken as ture which he possessed. This was no vain a pledge or representation of measures to be imagination, or Utopian dream. From two brought forward; or anything more than the things which were already in operation he be expression of his own individual opinion. He lieved they might devise a plan by means of did not agree in the regret that many attempts which, without any investigation of title, the at law improvements had failed, because he knew man who purchased an estate at Garraway's that the seeds which were then sown would and inscribed his name on a register, should fructify and ripen under more auspicious cir be able to call that estate his own, and have it cumstances. The first subject, the consolida- guaranteed to him against all the world. If tion of the law, was in itself enough to engage that were accomplished, the man who devised the attention not of one but of many men. It his estate to be sold for the benefit of his was the subject which first attracted his atten- family could calculate when his estate would tion the moment he held the office of Solicitor- be sold, whereas now he could not be certam General; and the first suggestion he made to whether it would be put up for sale in one or the Lord Chancellor was on this very matter; five or ten or twenty years. It was only the and he must say it was promptly and most other day that he was engaged as counsel in heartfully responded to by him. The Common putting an end to a litigation on a contract for Law of England consisted of great principles sale which was made in 1802. The system of of moral conduct and duty which had been transfer adopted in the Bank of England might expounded and unfolded by the wisdom of with equal benefit and security be applied to Judges, and made applicable to the emergencies land as to money. The principle of the Court of society. These were embodied and dis- of Encumbered Estates in Ireland was found persed at present in the great repositories of to have worked well.

conduct enjoined by the state, the law would become a science, its study would interest by reason of the philosophic analysis it would present, and instead of being a disorderly and miscellaneous mass of crude enactments, it would assume the characters of regularity, method, and certainty. There was one par ticular subject which had long interested him, and had especially engaged his attention. He felt great anxiety to see the day when real pro

legal learning; but he believed that they were The Chairman said, that when the Bill for the capable of being embodied, consolidated, and establishment of that Court was before the House expressed in short rules of application, and of Lords he opposed it, having more than doubtthat if arranged under one of the great heads ed the policy of establishing it; but bewas comof the principles of moral conduct, such ar- pletely converted by its successful working since.

Law Amendment Society-Annual General Meeting.

The Solicitor-General said, the evil of that Court was that it stopped with giving a parliamentary title, whilst what it wanted was that it should not only give a parliamentary title, but continue it. And this might be accomplished by a simple transfer of the estate from the seller to the purchaser, to be indicated by the substitution of the name of the latter for that of the former in the registry-book to be kept for that purpose.

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one who had devoted a gigantic intellect and incessant exertions for the benefit of his fellowmen and the improvement of his country, and who thereby entitled himself to the admiration of posterity. For himself, not being a lawyer, he felt that he could do little to promote the objects of the Society. He belonged to that amphibious class of persons known by the name of Chairmen of Quarter Sessions who, withont being lawyers, were obliged Another subject which greatly interested him to hear a great deal about law, and to adwas the improvement of legal education; and minister it as best they could according to he dwelt upon this the more because he saw the light that was in them. Their duties would the great evil resulting from the vicious sys- be made much more easy if something like tem that now existed. He wished to see esta- order and system were introduced into their blished in the metropolis a great university, of Statutes. As a landed proprietor, he concurred which the four Inns of Court should form the in all that had been said by the Solicitor-Geprincipal elements. He desired to see an in- neral upon the unnecessary and unwise impestitution of this kind' superadded to the educa-diments to the transfer of land, and he hoped tion given in their public schools, and in the that the great ability which distinguished his other universities, in order that the member of learned friend would, in his place in Parlia the Legislature, the magistrate, and the jury-ment, be devoted to an attempt to correct this man, might be instructed in the proper duties great blot in our institutions. Amongst the of the citizen, and obtain some knowledge of improvements in their system, he hoped one of the law which they were to obey, to administer, and to carry out.

the earliest would be one for the more speedy trial of offenders, and for a better administraThere was no subject of more social interest tion of the criminal law. He introduced a or of more political importance than an altera- Bill into the House of Commons for giving tion in the law of partnership; and they pro- summary jurisdiction to the magistrates in posed fairly to enter into a consideration of it. cases of petty larceny not exceeding one shill The law relating to women and divorce had ling. He was sorry to be compelled to say long engaged the attention of many. As an that the strongest opponents of that modest individual he should never be content till he measure were the lawyers, who in their zeal for saw that great anomaly in the jurisdiction of trial by jury could not be induced to consent this country, namely, the Ecclesiastical Courts, to its passing. He rejoiced that the principle completely removed. In considering the law of dealing with juvenile criminals in the spirit of divorce; he hoped opportunity would be of reformation had been recognised by the Le taken to redress the great evil and injustice gislature, though much still remained to be done and cruelty under which women laboured: In in that direction. He could only say that his conclusion, he would only observe that amongst exertions as a member of the Legislature the recollections of a life devoted to the amend- would not be wanting to promote any useful ment of the law, their noble chairman would reforms. derive the liveliest pleasure in remembering how many valuable amendments had been promoted by the labours of this society, of which he had been the great founder.

Sir J. Pakington seconded the motion. He said, that they were all reformers, under what ever banner of political opinion they chose to enlist themselves. And there was no man of ordinary intelligence and reflection who must not feel the necessity which existed for the reparation and improvement of our institutions. There was nothing more dangerous for a na tion than the self-conceit in which all were too prone to indulge. Late events roused them from their dream with regard to their military institutions; and, if time permitted, it would not be difficult to remind those who heard him of the many other essential and important respects in which they stood in need of great and material improvement. Animated with these sentiments he could not but express his respectful admiration of the long career of their noble chairman. They must all feel that when this generation should have passed away, and party differences ceased, one great name would stand out in the page of history-the name of

Mr. Hadfield suggested the propriety of having but one probate for wills, and the necessity of getting rid of the mortmain dif! ficulties in the case of devises for charitable purposes.

Mr. Whiteside, Mr. M. D. Hill, Mr. Fitzroy, Mr. Napier; and Mr. Anderton addressed the meeting, and urged the expediency of reform.

The Chairman remarked, that the time was now ripe for a Commission to consolidate the Bankruptcy Laws for the three kingdoms. He saw no reason to despair of future law amend ment because of the past. On the contrary, enough had been done to comfort them with regard to future progress. That progress, as in all things human, must be gradual; and perhaps it would be all the better for being so. But, if they had a minister of justice, as sug gested by Mr. Napier, that' progress, without being less safe, would be more rapid. He had no hesitation in saying that it was most disgraceful to the Legislature to have thrown out Sir J. Påkington's Bill. Nothing could be more décisive of the evil of the present system than the fact stated in the House of Lords that in 1844, in one of the counties of England

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Law Amendment Society.-Manchester Law Association.

Devonshire-there were 86 cases of petty lar- | tricate reticulations of various bodies and sysceny under one penny, for which all the ma-tems in society, that it was very difficult to dechinery of circuit and quarter sessions was put cide what should be altered, and it required a in motion to try them. Some of these unhappy careful hand to prune down what seemed to be persons were 36 days in prison before they excrescences. were tried; and when they were tried and found guilty, they were perhaps further confined for 24 hours. But what if they were innocent? Why 36 times a greater punishment was inflicted on these innocent persons than on the persons who were tried and found guilty. Their present system of legislation was answerable not only for the state of the law, but for the manner in which the law was drawn, which frequently rendered it-he would not say difficult but impossible for the Judges to construe the Acts passed.

The motion having been carried, Viscount Ebrington, M.P., proposed, and Mr. Craufurd, M.P., seconded a vote of thanks to the chairman, which having been duly acknowledged, terminated the proceedings.

By the incautious removal of abuses, more mischief was done than would often result from allowing what was considered to be an evil to continue, and of necessity, to some extent, to adapt itself to changes in society. Every lawyer must have seen the blank faces of clients on being told of difficulties and anomalies that existed, and that had resulted in the way indi cated; and every lawyer, too, must have heard some such retort as, "Is this your boasted law-the perfection of reason and the comple tion of science and knowledge?" The complex state of society caused new descriptions of property to arise, and in many things there were refinements which made legal questions become daily more and more subtle, and called for more acumen in dealing with them; and therefore called for more care in the provision and revision of laws. Any one who knew the

MANCHESTER LAW ASSOCIATION. difficulty of removing an abuse in law-how

ANNUAL DINNER.

THE annual dinner of the members of the Manchester Law Association was held on the 15th inst.; about fifty gentlemen were present. Mr. T. L. Rushton, the president, occupied the chair; and Messrs. T. Baker, J. Street, and T. P. Bunting, officiated as vice-presidents. B. Nicholls, Esq., mayor of Manchester, and William Ross, Esq., mayor of Salford, were present as guests; and Messrs. Payne and H. W. Collins (hon. secretary) attended as a deputation from the Liverpool Law Association. After the usual loyal and patriotic toasts, which were eloquently proposed by the Chairman and Mr. Alderman Heelis,

first its existence was denied, how it was next palliated, on the ground of the evil of change, and then how delay was sought, until every expedient was had recourse to, to continue that which was bringing profit to somebody-any one who knew these things, must feel the importance of a body who would devote themselves to these subjects, and who had the requisite knowledge and ability to bring about a change for the benefit of society at large.

He might be told that public opinion would do all this. True, public opinion was very powerful, when it could be brought to bear; but it had no continuity of purpose-it was diffusive and lacked concentration; though very powerful to destroy, it was wholly powerThe Chairman proposed "The Manchester less to reconstruct; and unless there was someLaw Association." As far as the members where the power to reconstruct, the influence were concerned, they knew by experience that of public opinion was an unmitigated evil. this Association, and others of a kindred na- That the Association had succeeded in many, ture, tended in a very great degree to establish and important, respects, could be shown by feelings of confidence, kindness, and goodwill the annual reports. As to one branch of its towards each other, that very much diminished duty, that of discouraging malpractices, whether the difficulties that otherwise would exist in the amongst practitioners or those unauthorised to conduct of business where the interests of con- practise, the mere knowledge of the existence flicting parties had to be represented; and he of the Society was sufficient to prevent a great was very sure, too, that such associations, and amount of evil, and when called upon to intersuch annual gatherings, contributed very much fere, the duty was easy. It was a great advan to save clients' pockets. A still greater ad- tage that the Society combined the influence vantage was, that the Association gave the of so many practitioners in different districts, members opportunities of meeting, and, in and was at the same time enabled to bring discussion, exchanging experiences as to the them into co-operation with similar bodies— working of existing laws, and the desirability such as the Liverpool Association, and the and best mode of making those changes that Metropolitan and Provincial Association; and from time to time became necessary. Laws by this means, there was really constituted a which, in their inception, were very proper, public opinion, formed by those who were the and adapted to the state of society as then ex-most interested in reforms, and who had the isting, became-by changes of feelings, habits, knowledge and experience necessary to enable and wishes, and in the general position of so- them to decide what should be changed, and ciety-entirely unfitted for that for which they in what way the change could best be effected. were intended; but, although the necessity for They might truly congratulate themselves upon change was evident enough, there had arisen the position of their association: there had been such a complication of those laws with the in- a considerable increase in the number of mem