
Here we are, week 3! And you all seem to be hanging in there! Quick note--there's another online Bleak House read-along going on, although they're being much more ambitious and reading the whole thing in two months. One of that read-along's participants posted a saucy new version of the old song Brick House: Bleak House.
There was some interest in hearing about the Chancery, as described in my Norton Critical Edition. During the time period of this book, there were two categories of courts in Britain: the Courts of Common Law, which handled basic crimes and misdemeanors, and the Court of Chancery. The latter "existed to settle cases involving such issues as disputes about legacies, trusts, mortgages, in which the remedy sought by the contestants would be decided on the principles of Equity rather than on the rules of Common Law." To complicate things, the principles of Equity were unwritten, and each case was treated as unique and "not determinable by the fixed and universal rules of Common Law."
You can imagine that would be complicated process. It was originally set up that way in order to protect the rights of individuals and to compensate for legal rigidity in other areas. But by Dickens' time, it had developed its own rigidity and problems.
"There was no jury in this court; all cases were decided by the presiding judge, whose verdict was arrived at after sifting evidence submitted by the contesting parties in the form of lengthy afficavits read aloud in court by lawyers...In the court itself witnesses never appeared; if they had evidence to offer, it would have been gathered, in written form, previous to the court hearings." This is why characters go and listen to court proceedings, but never offer testimony.
Dickens had first-hand experience with the miserable, slow process of Chancery; he launched a suit in 1844 against 5 publishers for breach of copyright. The ruling ended in his favor, but the suit cost him more than any damages he was able to collect.
The Norton Critical Edition offers an example that is likely very relevant to this book:
"Let us suppose a wealthy property owner dies and leaves most of his estate to a nephew, with also a few bequests to his servants. Another nephew contends that the will is invalid, and that an earlier will, leaving part of the estate to the second nephew, is the proper one. Employing a solicitor, this second nephew (the plaintiff) has a bill drawn up to state his claims against the first nephew (the defendant), and this opening transaction is filed in the Court of Chancery.
"Once such procedures were initiated, the heirs could not draw on the estates they had inherited, for all property was taken over by the Court and held until a decision was reached--hence the expression that a house is "in Chancery". Such an arrangement assured the Court that expenses involved in the case would be covered. If settlement were long delayed, it also meant that some of the heirs would have a very long wait or would never receive the legacies assigned to them. As The Times commented (March 28, 1851): 'Butlers, and housekeepers, and gardeners of the kindest master in the world, in spite of ample legacies in his will, are rotting on parish pay [i.e., on welfare payments].'"
Sending a suit to Chancery was the first of many complicated, expensive steps. The defendant would have to hire a solicitor and additional staff to work on his case, and not only did he have to pay fees, he had to pay their living expenses as well. Then there were Court clerks who had to be paid to move the case forward. And God forbid any of the players in the suit died before it was resolved:
"If the first nephew died first, his heir would have to pay expenses for re-preparing what was called a Bill of Revivor....there were [cases] that dragged on interminably. One of these, the Williams Jennings case, was initiated in 1798. In 1852, when Dickens began writing his novel, it was still unsettled."
Also noted: the reference to "Inns" does not mean hotels, but a kind of specialized accommodation for court professionals. "Such an establishment combines some of the functions of a law school and a dining club, with rooms and dining hall for students and other residents, and usually a chapel. Its blocks of buildings, often situated around a square or park, included offices for lawyers such as those occupied by Mr. Vholes in Symond's Inn. An Inn is also a kind of society or fraternity, with officers supervising its endowments and the expenditure of fees paid by student-members, and also regulating the requirements to qualify for admission to the Bar."
Whew--kind of long-winded, but I found it helpful, and hope you do too.
Like the previous section, I found much to chuckle about in chapters 8 and 9, and then a sudden turn of mood in chapter 10. Esther would be highly annoying if I didn't find myself laughing so much at her "modesty". I'm not sure if Dickens meant her to be a paragon of virtue, but he went so over the top that she comes across as barely better than Mrs. Pardiggle at times.
Speaking of Mrs. Pardiggle, just when I thought Mrs. Jellyby was an awful parent, here comes one who basically steals her children's money for "charity"! The scene where the Pardiggles visit Ava and Esther and the kids are practically about to revolt was hilarious.
Not so hilarious was the visit to the brickmaker's. Dickens' knowledge of poverty, its causes and results, is plain.
Who is this Law-writer in this wretched room about Krook's jumble shop? Talk about foreboding!
I flagged many passages that I really liked in this section, but given that I've taken up a lot of your time with Chancery talk, I open it up to you--what quotes did you like? Share them in the comments.
For next week, chapters 11-13. Now I'll give you my favorite Edward Gorey of this section, illustrating the visit to the brickmaker's:
