able grievances, but who now receive us as a defeated, discredited, and a degraded Ministry, whose services can be no longer of value to the Crown or a credit to the nation." Under these circumstances, with the concurrence of all his friends, he had represented to the Queen that it was not for the public interest that he should attempt to form a Government. The Queen, he said, with the impartiality she always showed, had permitted him to dissolve, if it would assist him. In reference to Mr. Gladstone's complaint that he had not exhausted all the means in his power before refusing to take office, Mr. Disraeli read the following extract from his letter to the Queen, arguing this point :-"The charge against the leader of the Opposition personally, that by his summary refusal' to undertake your Majesty's Government he was failing in his duty to your Majesty and the country, is founded altogether on a gratuitous assumption by Mr. Gladstone, which pervades his letter, that the means of Mr. Disraeli to carry on the Government were not 'exhausted.' A brief statement of facts will at once dispose of this charge. Before Mr. Disraeli, with due deference, offered his decision to your Majesty, he had enjoyed the opportunity of consulting those gentlemen with whom he acts in public life, and they were unanimously of opinion that it would be prejudicial to the interests of the country for a Conservative Administration to attempt to conduct your Majesty's affairs in the present House of Commons. What other means were at Mr. Disraeli's disposal? Was he to open negotiations with a section of the late Ministry (loud laughter), and waste days in barren interviews, vain applications, and the device of impossible combinations? Was he to make overtures to the considerable section of the Liberal party who had voted against the Government— namely, the Irish Roman Catholic gentlemen? Surely, Mr. Gladstone could not seriously contemplate this? Impressed from experience, obtained in the very instances to which Mr. Gladstone refers, of the detrimental influence upon Government of a crisis unnecessarily prolonged by hollow negotiations, Mr. Disraeli humbly conceived that he was taking a course at once advantageous to the public interests, and tending to spare your Majesty unnecessary anxiety by at once laying before your Majesty the real position of affairs." Mr. Disraeli also stated that he had represented to the Queen that Mr. Gladstone had resigned on very inadequate grounds, and that, his honour having been satisfied by a resignation, his return to office was the best solution of the difficulty. Finally, Mr. Disraeli addressed those of his supporters who might be disappointed at the result. "I am quite aware (he said) that the course I recommended her Majesty to take may have been very disappointing to some gentlemen among my supporters in this House-(cries of 'No') and to many more in the country. If so, I deeply regret it. But I would fain believe that when they have given a mature and impartial consideration to all the circumstances, they will not visit my conduct with a ve dict of unqualified condemnation. (Cheers.) I believe that the Tory party at the present moment occupies the

most satisfactory position it has filled since the days of its greatest statesmen, Mr. Pitt and Lord Grenville. It has divested itself of those excrescences which are not indigenous to its native growth(laughter)—but which in a time of long prosperity is a consequence sometimes of negligence, and sometimes perhaps in a certain degree of ignorance. (Cheers and derisive laughter from the Ministerialists.) We are now emerging from the fiscal period in which almost all the public men of this generation have been brought up. All the questions of trade and navigation, the incidence of taxation, and of public economy, are settled. But there are other questions arising of not less importance, but of a deeper and higher reach and range -the attributes of a constitutional monarchy; the question whether the aristocratic principle shall be recognized in our constitution, and if so, in what form? whether the Commons of England shall remain a state of the realm, numerous, but privileged and qualified, or whether they should degenerate into an indiscriminate multitude?(laughter)-whether a national Church shall be maintained, and what should be its rights, and what should be its duties ?-the functions of corporations, and the sacredness of endowments-(cheers)— the tenure of landed property-(renewed cheers)-the free disposal and even the existence of any kind of property (cheers and laughter) -all these institutions and all these principles which we believe have made this country free and famous and conspicuous for its union of order with liberty, are now impugned, and in due course will become great and burning questions. (Cheers.) I think it is of the utmost importance that when that time, which may be nearer at hand than we imagine, arrives, there should be in this country a great constitutional party, distinguished for its intelligence as well as for its organization, that may lead and direct the public mind. And, sir, when that time arrives, when they enter into a career, which must be noble, and which I hope and believe will be triumphant, I think they may perhaps remember, not without kindness, that I at least prevented one obstacle from being placed in their way; that I, as the trustee of their honour and their interest, declined to form a weak and discredited Administration." (Cheers.) With this political manifesto from the leader of the Opposition the crisis ended, and the House settled down into the peaceful condition which it maintained for the rest of the session. At a later period of the session Mr. Fawcett's rival Bill for the reform of the University of Dublin was by arrangement allowed to pass in a mutilated form as a simple measure for the abolition of tests. It may be conjectured that for some time to come no Government will attempt the hazardous task of Irish University Legislation.

CHAPTER II.

The Judicature Bill-Speech of Lord Selborne in introducing the Bill-Protest of Members of the Equity Bar-Lord Cairns' Amendment-Appeal for Scotland and Ireland-Question of Privilege raised by Lord Cairns-Discussion in the CommonsRemarks of Mr. Gladstone and of Mr. Disraeli-Proposal of Mr. Hardy concerning Ecclesiastical Appeals -Transfer of Land Bill and Jury Bill-Minor Government Bills -Small changes in Education Laws-The Budget-Speech of the Chancellor of the Exchequer-Resolution of Mr. W. H. Smith-Discussions upon the ResolutionProposal to regulate Suspension of the Bank Act.

THE Judicature Bill, originated in the House of Lords, was the only measure of the first rank passed during the session.

By this Bill the Lord Chancellor at last succeeded in effecting the change which had been projected by Lord Cairns' Commission. The unsuccessful attempts of former Chancellors, and especially of Lord Hatherley, had not been wasted as illustrations of the truth that a complete scheme was more likely to win support than a partial experiment; and they had prepared public opinion within and without the House of Lords for comprehensive changes.

The Lord Chancellor (Lord Selborne) introduced the measure in a speech at once singularly clear and comprehensive, on the day of the introduction of the ill-fated Irish University Bill into the House of Commons. Having pointed out the anomalies of the existing system, and described the gradual step of the advance of public opinion upon the matter, Lord Selborne proceeded to deal with the details of his measure. "Taking stock," he said, "by the light which we have acquired during the last six years, I think I may say there are four points which have become settled points in the minds of those who best understand the subject, as well as in the mind of the public. The first relates to the artificial separation of legal and equitable jurisdictions, such as never did exist and does not exist in any other country in the world except our own and those which have borrowed our system. This artificial distinction is not only unsatisfactory in itself, but is productive of the greatest possible inconvenience and obstruction to the administration of justice in its actual results. There has been a conviction that, whatever else may be done, we ought to put the finishing stroke to measures of a more partial character which have already been adopted in the same direction, by bringing law and equity-two ideas not artificial but real-into one single administration in the Superior Courts of this realm. The second point is, that we must bring together our many divided Courts and divided jurisdictions by erecting or rather re-erecting-for, after all, there was in the beginning of our constitutional system one supreme Court of Justice-a Supreme Court which, operating under conve

nient arrangements, and with a sufficient number of Judges, shall exercise one single undivided jurisdiction, and shall unite within itself all the jurisdictions of all the separate Superior Courts of Law and Equity now in existence. The third point is, that it is desirable to provide as far as possible for cheapness, simplicity, and uniformity of procedure. The fourth, that it is necessary to improve the constitution of the Courts of Appeal. My Lords, I approach the subject with the advantage of all these conclusions, which I venture to say have received your Lordships' approbation and the approbation of the public; and I am fortunate in being able to profit by the criticisms that have been brought to bear upon them, and so to avoid-or at least to endeavour to avoid-the defects which were thought to exist in the former attempts at legislation on this great subject.

"I propose, then, to ask your Lordships to unite in one Supreme Court of Judicature all the present Superior Courts of Common Law and Equity, and also the Probate and Divorce Court, the Admiralty Court, and the London or Central Court of Bankruptcy. All these Courts I propose to have united in one Supreme Court; which is to be divided into two permanent branches or Divisions: the one consisting of a High Court of Justice to exercise original jurisdiction, and also to hear appeals from Inferior Courts: the other being a Court of Appellate Jurisdiction, to be called the Court of Appeal. I will deal with the Court of original jurisdiction in the first place, and afterwards with the Court of Appeal. I ought to have mentioned that I do not mean to elevate any Inferior Courts so as to unite them to the Superior Courts; but it is proposed to abolish two Common Law jurisdictions, the Courts of Pleas of the Counties Palatine of Lancaster and Durham : -they will be merged in the jurisdiction of the High Court. This High Court will consist of twenty-one Judges. Those Judges will be the present Judges of the Superior Courts of Common Law, the present Vice-Chancellors, the present Master of the Rolls, the present Judge of Probate and Divorce, and the present Judge of Admiralty, with the exception of such three of them as her Majesty may think fit to remove to the Court of Appeal. The number of the Judges whom I have enumerated is twenty-four; but three of the Puisne Judges are proposed to be taken to the Court of Appeal, to remain there permanently-so that twenty-one Judges will be left for the High Court. The President of the High Court of Justice will be the Lord Chief Justice of England, and—this is a concession to sentiment-the old historic titles of the present Chiefs of the Common Law Courts will remain to them as Presidents of Divisions of the High Court. The Lord Chief Justice of England will, of course, retain his present title; the Lord Chief Justice of the Common Pleas and the Lord Chief Baron will be chiefs of Divisions with their present titles; but all the remaining Judges will be called 'Judges of the High Court of Justice,' and are to be addressed as the Judges of

the Courts of Common Law at Westminster are now addressed, without any other distinction. So far as the measure to be laid on your Lordships' table goes, it is, as I have said, proposed that twenty-one shall be the number of the Judges of the High Court; but, of course, if in the working of the measure that number is found to admit of diminution, that might be made a subject of future legislation. At present, it would be premature to assume that such will be the case, and I do not propose to deal with such a contingency at present.

"Passing from the constitution of the Court, I have now to mention the next important point-namely, the jurisdiction which it is to possess, and the manner in which that jurisdiction is to be exercised. This High Court will unite the jurisdictions of all the present Courts except the Courts of Appeal-namely, the jurisdiction of the Court of Chancery, of the Courts of Common Law, of the Probate and Divorce Court, of the Admiralty, and of the London or Central Court of Bankruptcy, of the existing Courts of Pleas of the Counties Palatine of Lancaster and Durham, and of the Courts created by Commissions of Assize; and I hope the measure which I shall lay on the table will contain what your Lordships will consider sufficiently clear and precise directions as to the general way in which the legal and equitable jurisdiction, so conferred, is to be exercised.

"Those directions are given under seven heads. First, the Court in all its branches will give effect to the equitable rights and remedies of plaintiffs; secondly, it will do the same with respect to equitable defences by defendants; thirdly, it will give effect to counter claims of defendants; fourthly, it will take notice of all equitable rights and liabilities of any persons, appearing incidentally in the course of any proceeding; fifthly, it will stay proceedings, when necessary, by the authority of the Judges before whom an action is pending, and not by injunctions to be obtained from other Judges; sixthly, it will give effect, subject to all equities, to legal rights and remedies; and lastly, it will deal, as far as possible, with all questions in controversy in one and the same suit, so as to do complete justice between the parties, and prevent a multiplicity of proceedings."

After pointing out certain exceptions it was thought necessary to make to the rule of fusion between law and equity, and proposing that it should depend on the circumstances of each particular case whether existing business should be wound up under the old system or at once transferred to the new, Lord Selborne proceeded,—

"Then as to the distribution of business. Here, my Lords, I follow, I believe, closely and accurately the intentions and recommendations of the Judicature Commission. It stands to reason and common sense that some internal division of labour must be made in so great a machine as that necessary for the administration of justice, and that such a division ought to be made in accordance with intelligible rules. Some cases can be conveniently classified