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CHAPTER XXX
THE QUEEN’S SUBJECTS AT PLAY – ACTIVE OR SEDENTARY

The new Court as head of the old society. Social transformations which would most strike one revisiting the London West End in 1897. Going to Court. Multiplication of clubs in St James’s and Pall Mall, but disappearance of gambling clubs. Socially transforming effects of the Parliamentary Committee in 1844. Then and now. ‘Play and Pay’ betting modified by its recommendations. Necessary connection between horse breeding and horse racing. Cricket – then and now. The new football or the old prize ring. Indoor amusements. Transformation, by development, of Victorian chess. The men and events which have made it what it is. Ladies’ drawing room work. Middle class English ladies the great readers nowadays. Fashionable needlework of all kinds from 1837-97.

The transformed society of the Victorian age may be regarded as a new combination of old elements. The interests, and the pursuits represented in it have always existed. The grouping and the mutual relations are the only novelty. Even during the Prince Consort’s time, the Court had begun to be the federal head of the many coloured corporation which, under the name of society, has superseded the ‘genteel’ or ‘polite’ world of earlier days. That all liberal professions or worthy pursuits should find their natural head among the representatives of the Crown was the central idea of the Queen’s husband. So far as the opportunities of a short life allowed, he translated this notion into practice. It was reserved for his eldest son to witness, and himself largely to promote, the full realization of Prince Albert’s purpose. The result is that to-day not only diplomacy or soldiership, statemanship or wealth, sends its envoys to a transformed Court. There is no sort of human achievement or distinction that, directly it has won the approval of the people, lacks the recognition, personal or vicarious, of the people’s rulers.

Each of the callings noticed in the present survey, clerical or lay, sends its deputies to Marlborough House or Sandringham in the same way that diplomacy and arms are represented at a Royal drawing room or levée. For a reflection of the chief currents of thought, of the favourite pursuits of the most absorbing interests and influences of Victorian England, the historian will have to consult the list of visitors to the Heir Apparent’s house, or read the account of his doings. The Prince Consort was attacked by the Tories in 1846 because he listened to Peel’s speeches on Free Trade from the Peers’ Gallery in the Commons. In 1897 the Prince of Wales attends daily the State trial of South African celebrities at Westminster, and is praised for a fresh proof of his interest in Colonial affairs. No artist or author; no sailor, soldier, cricketer or actor, makes his mark upon his age without some tribute from a popular Court to prowess that is already a household word with the multitude.

Thus in its relations to those aspects of national life in which the people itself is most interested, the Court of to-day has been transformed into a federal head of the entire motley system. If the competition of individuals for personal recognition in the highest quarter sometimes embitters social life, that is not the Royal patron’s fault.

Among the changes which would make the fashionable quarter of the town most difficult of recognition to-day by one who knew it only in the early years of the reign, is the multiplication of joint stock palaces called clubs, which are really co-operative homes for poor gentlemen.¹¹⁴ The absence of the gaming houses of which Crockford’s was only one among many; and the widely representative quality of the ladies and gentlemen whom our stranger might notice driving to Court on a presentation day during the season is as visible as the disappearance of the West End hells.¹¹⁵

In the seventh year after the Queen’s accession, the House of Commons’ Committee on Gambling began its sittings. It was presided over by Lord Palmerston. Among the witnesses it examined were men well known in every section of London or of national life. Trainers, jockeys, magistrates, policemen, all contributed to the remarkable picture of contemporary life and manners, contained between the covers of this document.

The state of the law as regards gambling was then, as now, obscure. Magistrates shrank from giving constables a chance of confirming their suspicions as to houses of shy-looking exterior; but generally in the streets off St James’s nearly every third house was a place of play. Between Pall Mall and the east side of Leicester Square, some 36 gambling houses were proved to exist. At Crockford’s itself the tables were honestly managed. It was the perversion of Crockford’s example which did the harm. Thus, some half dozen years before the Great Exhibition, Crockford’s ceased to exist; its humbler but more mischievous imitators were also weeded out. An improved epoch began. Before the twentieth anniversary of the Accession, the building at the top of St James’s Street described by Disraeli in the first chapter of Sibyl had become under the style of ‘The Wellington’ the best restaurant of the kind then, or for many years, known to London. Thereafter, indeed, it reverted to a club, the ‘Argus’ first, and then the ‘Devonshire;’ but a gambling club no more. The periodical flutter caused by rumoured scandals, is itself evidence of the improved standard of social morals. One other result of this Enquiry¹¹⁶ is probably felt among sporting persons to-day.

Lord Palmerston’s Committee pronounced against play and pay betting, that is, the system under which the bet is valid whether the horse runs or not. In betting at the post for ready money the bet is off to-day if the horse does not start. Not only is the Turf more popular than it ever was before. It binds sections of the polite world more closely together than they are held by any political or ecclesiastical cement. It is thus a social interest of the first importance which a prudent statesman makes a point of conciliating not less than he would the clergy, the lawyers, or even the licensed victuallers. The constantly increasing encouragement given to the Turf by men who have no personal end to serve, and whose refinement must be revolted by the aspect of many of its accessories, justifies the conclusion that the racecourse is indispensable to the breed of horses.

From the Plantagenet and Tudor period the best horses in England were raced; they were made better that they might be raced more successfully. Hence the wise introduction, for beauty as the crown of strength, of Arab blood, especially under Charles II. and onwards. The early excellence of stallions followed. The sires of racers begot also English hunters, so that the best horses in the hunting field to-day derive their pedigrees on one side from the founders of the best racing blood. The general utility animal, seen in carriages and cabs, is bred in the same way but has just fallen below the hunter level. Thus, without thoroughbred sires, the excellence of our horses generally must decline. The expense of breeding the best quadrupeds of the stud book is so heavy that without the stimulus of racing, the stock could scarcely be maintained.

The long distance plates on the Turf dating back to the time of Anne have been replaced by the Queen’s premium stallions, periodically on view at Islington, and at the disposal, for a small fee, of horse owners throughout the country. These fine animals are almost all the winners of races. The necessary expense of racing suggests the usefulness, as in an earlier chapter was seen, of the sporting plutocrat to the Turf, and hence to the national quadruped generally. Unless the sport gave to its followers some sort of social diploma, the wealthy breeders whom the mart has furnished to the racecourse, from the earliest of the Rothschilds down to the latest of the Hirsches or the Maples, would scarcely have given time and money to their own pleasure as well as to the country’s good.

To pass to the horse in another aspect, the conjectural estimate of packs of hounds at the beginning of the hunting season in 1837 was 28. At a corresponding date in 1897 the ascertained figures were 61. This does but faintly indicate the change undergone by the national sport. Not even John Leech’s pictorial satire in Punch could deter the Cit from the hunting field, or discourage him from educating himself into a more than passable rider across country. Capel Court has or had a cry of beagles of its own. At longer distances from London than the Surrey pastures 15 per cent. of the wearers of pink and buckskin wear on ordinary days the glossy uniform of the brokers and jobbers of the House. A little earlier in the year, these sportsmen were tramping after partridges by the early September twilight that they might be at their business in the City before the West End sits down to breakfast. This is a specimen of what goes on throughout the kingdom. On the outskirts of all great cities, co-operative shootings are as common as co-operative stores.

Other pastimes are too much in daily evidence to need many words or to allow the apprehension that the male acceptance of the feminine lawn tennis implies any degeneration in the Victorian race of youth. The addition of Scotch golf to English games, and the vast improvement as to pace, style, and time shown by crews at Henley or on the Metropolitan waters in 1897 over 1837 may dispel any fears of a deterioration of youthful stamina or of muscular zeal. Whether as regards its own surface or the meadows which it waters, the Thames in the South, like the Tyne or Mersey in the North, is still a river that feeds the sea of English manhood.

As regards cricket, it is impossible to compare ancient or modern players, batsmen or bowlers; so entirely have the conditions of the game been transformed. The high scoring of the later Victorian days which would have amazed earlier players seems due, first, to the vastly improved pitches, making as they do, almost any bowling fairly easy; secondly, to the great increase of good players, consequent of course upon the evergrowing popularity of the game. The first of these facts, the improved pitches, explains why the difficult shooter that before 1875 was so fatal to batsmen at Lord’s has now become a very rare ball. Although the power of the bat seems to-day greater than that of the ball, the ground had no sooner become easy and overhand bowling allowed, than the utmost was done to equalize the attack and defence. Hence the bowling is much straighter than of old; long leg and long stop no longer have a place among the fieldmen, and the absence of long leg hitting and fielding makes the game less interesting for spectators; still the grounds improve, the scoring consequently increases. The feature which has transformed the bowling seems to be that now the best bowlers are fast with a break even on a hard wicket: whereas formerly they only broke on a sticky wicket. The still astounding power of the best bowlers is shown by the havoc they make when they get a sticky wicket to bowl on. In fine weather there is no serious obstacle to the stupendous scoring; the batting is of a more monotonous type than it used to be, and the play therefore less interesting to onlookers.

Here, as elsewhere, individual influence has been a transforming power. Between 1871 and 1883 when W. G. Grace was at his best, no fast bowler could do anything with him. Slow bowling, therefore, was adopted to keep down his run getting. As this batsman has taken his place among the veterans the old swift style has come into vogue once more. In the opinion of the greatest experts of modern cricket, as W. G. Grace is the most formidable bat, so Richardson of Surrey first, after him, Spofforth, the Australian, in his middle career, have been the most difficult bowlers.

The popularity of football, whose vogue is a recent Victorian growth is shown by the collection of 50,000 spectators at the Crystal Palace, to witness a final tie for the Association Cup. Admissions of 20,000 and 30,000 are daily events in all great towns; the money thus paid by the public has created the professional football player. Hence many questions on which authorities differ. The subject has divided the different football unions: the northern Rugby clubs having seceded to found a union of their own. The feuds among football legislators are thus as varied and violent as the forms of muscular ferocity which the game itself allows. That these can be minimized by a strenuous and keen referee is probable; that when this functionary is slack, professional football resembles the revival of the prize ring in disguise is admitted.¹¹⁷ Football may seem to the mere observer almost to have become a misnomer, when carrying the ball is part of the game; when hands, shoulders, chest, fists, are nearly as active as legs and feet.

Among indoor games chess is that which has been transformed the most during our age. Here something may be attributed to the example of the Prince Consort, who was not, however, an invincible player, but more to his youngest son, the lamented Prince Leopold, who did a good deal to popularize the game. In point of universal popularity chess will never quite rival whist or billiards. It lacks the element of chance in the first, and the display of physical skill in the second which must ever chiefly fascinate men. The chess player, too, when well matched, uses more brain power than the whist player. Each has to keep the judgment perpetually alert. But the conventions in chess are left behind when the opening has been matured into the mid game, while the conventions of whist relieve the whist player continuously during the progress of the rubber.

Throughout the whole of this age chess has grown in favour among us. In most of our large towns for every chess club existing in 1847, there are ten or fifteen in 1897. On the Queen’s accession English chess players still felt the stimulus given to the game in London from 1780-95 by André François Danican, commonly known as ‘Philidor.’ Hence may be dated the earliest English chess clubs, and the scientific study of the game. Three years before the Victorian age began, a series of matches was played by the English Alexander MacDonell and the French Labourdonnais. In 1844, the English Howard Staunton defeated the French St Amant in a match which decided the championship of the world. This, followed in 1847 by the publication of Staunton’s Chessplayer’s Handbook, brought hundreds more to the board.

Another agency in the same direction was the presence in Europe of a young American, Paul Morphy. His play was, upon the whole, the finest the world has ever seen. He crossed the Atlantic in 1857; at the close of 1858 he had beaten every European noteworthy enough to try conclusions with him. The effect of these triumphs, won by a youth of twenty-one in the most difficult of all games, was electrical. No considerable town in the country was without its chess clubs. Nor is the influence more recently exercised by J. H. Blackburne less remarkable in its way. His skill in playing games without the board, exhibited in all parts of the United Kingdom, has raised up many imitators, but scarcely an equal.

With these great players there have come also fresh scientific discoveries in the conduct of the game itself; the first of these as to time was the Scotch Gambit, partially anticipated indeed by Italian writers in the last century, but owing its new name and later vogue to its adoption by the Scotch players in the correspondence match between Edinburgh and London, 1824 to 1826 and subsequently improved upon in 1837. About that latter year, too, W. D. Evans, of the Royal Navy, invented the Gambit which now bears his name. Stimulated by these British achievements, the Austrian players hit upon the Vienna or Queen’s Knights game which was first made famous during the tournament of 1873. In this country, most of these advances have been sensibly helped by the movement that the Illustrated London News began in 1842, which the whole press has since followed, of publishing chess problems.

An exhibition of feminine needlework justly forms a feature in the Commemoration shows of the period. In 1837 the decorative functions of the needle were oftener shown by English women of the middle classes than by acknowledged fashion leaders. In 1867 it is the middle class ladies who do most of the reading and the ultra-fashionable ones who do most of the fancy work. What transformations has this latter passed through? In 1857, as it had been in 1837, the mode was to work patterns for cushions and screens with Berlin wool on canvas. The squareness of the cross stitch was fatal to artistic effect; the covering thus decorated went out of fashion soon after Rowland’s Macassar hair oil ceased lavishly to be used, and heads no longer gleamed with unguent. The frame work was succeeded by that known to the Afghans as ‘boning,’ and to Britons as crochet, while chairs and sofas still needed some protection from locks not yet wholly unanointed. Even the crochet coverlets, tied with little pink ribbons, began to disappear when people left their hair to nature. But the artistic instinct was slowly helping forward this sort of work.

More popular than crochet had ever been, leather frames for pictures, cut out of leaves copied from Nature, or the pinning down of fern leaves on a soft cloth or silk began to be; for these Indian ink, used with a fine brush made an effective background. Ruskin’s gospel of following Nature had not been preached in vain. Accomplished women like the late Lady Marion Alford began to revive, with improvements of her own, the art of embroidering flowers, plants, birds and butterflies in wool or silk; while the stately arum lilies were used for screens, and gorgeous poppies for curtains. Next came a renascence of lace work. Many amateurs produced beautiful samples of pillow and point; but the work was trying to the eyes, and competed unfairly with the poor professionals of Honiton or Nottingham.

The early days of Ritualism popularized the copying of the borders of the old painted missals and prettily occupied many drawing rooms. Oil painting on pottery, wood, and glass came in during the early South Kensingtonian period. All young ladies now were water colour artists, or busied themselves with colouring panels and dados on their friend’s walls. Brass work was a later and not very long lived development. It was costly; it was noisy; the long suffering male gradually rose up against it. Iron work, the torturing into fantastic shapes of ductile strips of metal, was a little more enduring; but it required too much accuracy and too many instruments ever to be very popular. The beautiful glass painting in churches of Lady Canning and Lady Waterford was admired rather than reproduced.

Irish cabins supplied a modish industry to English drawing rooms in drawn linen work. The principle of this seems to be hem stitching, or unbinding work into the spaces left by the drawn threads. Poker work done within the outline traced by this simple instrument on a wooden board, is practised successfully by ladies of genius who could touch nothing without adorning it, but is scarcely to be commended to bunglers or in school rooms.¹¹⁸

CHAPTER XXXI
THE REIGN OF LAW AND ITS TRANSFORMATIONS: – HOME AND COLONIAL

Significance of the New Law Court buildings in London. Early efforts after law reform in Parliament. No appreciable result till 1841. Slow progress and subsequent changes, culminating in the 1869 Commission, and the 1873 Judicature Act. The popular consequences of this, and general view of our legal system as it affects to-day the Colonies as well as the mother country.

Transformation in our Colonial system shown by the latest facts and figures. Special usefulness as well as Imperial value of the Colonies to England. Social fusion of the mother country and the Colonies prefigured by the presence and influence on both sides of the Atlantic of the American element in the best society in London. Individual influences which have promoted this movement, and are doing the same thing for our Colonial cousins, as for our American.

No architectural change during the age has more affected the perspective of Fleet Street and the Strand than the disappearance of Temple Bar and its replacement by the griffin which marks its former site, and the erection of the Royal Courts of Justice that now flank the central thoroughfare. This is the outward and visible sign of a transformation not less great, as regards the administration of the law within the new palace of justice itself.

The Reform Act of 1832 was followed by various movements in Parliament in the direction of law reform. The proposals and their very slight results were solely technical; the public reaped no appreciable benefit so long as the separation of the Common Law Courts from the Court of Chancery existed, and on different sides of Westminster Hall two legal systems, often mutually antagonistic, were at work. Ten years after the Accession, the monopoly of Serjeants of Law in the old Court of Common Pleas was swept away. Still justice was delayed. During the early days of railway enterprise, commerce was obstructed, by the postponement, for inadequate or vexatious reasons, of the trial of cases arising out of bills of exchange on which large sums of money depended, and which, till they were decided, blocked commercial enterprise. This may be looked back to now as the scholastic era in nineteenth century law administration. The categories into which causes and kinds of legal action and pleas, were divided, in their pedantic complexity, recalled the tortuous refinements of the logical school men upon the comparatively simple predicaments of Aristotle.

In 1851 a flagrant and inveterate anomaly was removed by the success of those law reformers who had long in vain protested against the absurdity of disallowing the evidence of persons immediately interested in the suit. After this, the movement did not pause till the Commission of 1869 was appointed, with the result that in 1873 there passed the Judicature Act which has amalgamated conflicting usages into a homogeneous system, and produced the long desired fusion between Equity and Law. The ancient divisions are perpetuated to-day not in different Courts but in different divisions of the same Court. The result briefly stated is that notwithstanding the real difference which still exists between Equity and Law, and the practical division of the Bar into two branches, Law and Equity can to-day be administered by the same Courts and one judge can give suitors the same relief as any other judge.

There is now no possibility of a question being decided by one tribunal according to Common Law principles, and by another according to the principles of Equity. To prevent any chance of confusion it has further been enacted that wherever the rules of Equity and Law seem to conflict, those of Common Law are to prevail. The principle of a division of labour still exists. Every judge, that is, does not transact every sort of business. The judges in the Chancery division are still specially charged with the execution of trusts and other such matters, even as happened in the case of their predecessors fifty years ago. To do justice with as little regard as may be to forms and precedents is the visible object of the administrators of the law in every department. That professional prejudices should have disappeared was not to be expected, and, perhaps, not to be desired. But the exclusive etiquette of judges and lawyers is not greater than prevails in other professions, among doctors, diplomatists, or divines. The plaintiff in person is no more welcome in the reformed, than in the unreformed, Courts; nor, in the interests of public time and of common sense, is it probably to be wished that he should be. The two principal and practical defects in the administration of English law that still need attention would seem to be – one, the barbarous system which still obtains through the imperfect arrangements of the Circuit Courts of keeping untried prisoners unreasonably long in prison. Of late cases have been noticed in which persons, proved on trial to be innocent, have been detained in prison for weeks or months. The second defect is the undue licence allowed to the legal profession of protracting the hearing of cases secondary in their importance by the accumulation of unnecessary evidence and cross-examination. This has often been objected to, but has seldom been firmly controlled by the judges.

The great public benefit conferred by the reforms whose monument is the New Law Courts hard by the church of St Clement Danes, may be condensed into the remark that whereas from 1837 to 1875 it was an accident whether the right party won his case, the presumption in favour of his success in 1897 is so strong as almost to amount to a certainty.

Of another sort of fusion, that between the two divisions of the legal profession, solicitors and barristers, much has been heard. But in Canada and some other Colonies some inconvenience and disadvantage are found to result from the absence of any distinction between barristers and solicitors. Gradually, perhaps, a solution in practice is being arrived at. Without mentioning individual names it is the fact that among the men who now stand highest, whether at the Bar or on the Bench, many while students at the Inns of Court have perfected themselves in the practical details of law by voluntarily attending the offices of great firms of solicitors, whether in Westminster or elsewhere.

The palace of justice whose opening marked the close of the fourth decade of the reign, commemorates, in a fashion of its own, the unity of the Empire as well as the late achieved unity of the administration of justice.

Among the Queen’s subjects are nations not only of every creed and of every colour, but trained in obedience to every code of law which human skill has devised. Since the modern era of our Colonial Empire began in 1836, the practice has been to continue to those dependencies the laws under which they were when they came into being, or when they were first acquired by diplomatic cession or military conquest, always provided that these pre-existent systems do not contradict the fundamental principles of British jurisprudence. Thus, in British Guiana, in the Cape Colony, and in Ceylon, the letter and spirit of Roman-Dutch law have been continued under English rule. In lower Canada, French forms have become so confused as to be impracticable: the laws of this province are to-day identical with those in vogue in England at the time of its acquisition in 1763, periodically of course improved by modern lights. In the Mauritius, the French Code Civile and the French Code de Commerce still exist. It is for the sovereign embodying in her own person the unity of the Empire to decide through the Privy Council, that is, to-day, through the Judicial Committee in all disputed cases what the particular law of the locality may be.

On page 227 of the writer’s earlier book England, etc., the Colonial as well as ecclesiastical jurisdiction of the Privy Council Judicial Committee was explained in detail. Since those words were written an important step has been taken under an Act passed some years ago by Lord Herschell. By this, the Chief Justice of the Cape Colony, Sir Henry de Villiers, Chief Justice Sir Henry Strong of Canada, Sir Samuel Way, Chief Justice of South Australia, have been added to the Judicial Committee of the Privy Council, in order to strengthen that body with special reference to the Roman-Dutch, French-Canadian and Australasian law, in legislation and practice. Here too, it is well to refer to the recent formation of the Society of Comparative Legislation. This body is actively engaged and has already done good work in classifying materials throughout the Empire, as well as in accumulating a compendium of information which will greatly promote the simplicity and uniformity of the laws of the world.

Some distinct idea must, however, be formed of the concrete reality connoted by the familiar expression ‘Colonial Empire,’ beginning, as in truth for our generation it did, with the founding of the Australasian capital called Adelaide, after his Queen, in the last year of William IV., but practically co-extensive in its growth with the reign of his successor. The area of the United Kingdom is 121,000 square miles. That of its possessions in foreign parts is 8,725,000 square miles. In other words the mother country is only in extent a seventieth part of the Empire of which that mother country is the nucleus.

To put the facts somewhat differently this British Empire, covering some 9,000,000 square miles, occupies a fifth part of the habitable globe. No other world power such as this has been known to past or can be found in present history. The British Empire of the Victorian age is five times as large as was the Empire of Darius five centuries before the Christian Era began. It is four times the size of the Roman Empire at its zenith. Among modern Powers, the Empire of Great Britain is larger by an eighth than that of Russia; it contains 230 millions more people. It is sixteen times as great as the foreign dominions of France; forty times as great as the Empire of Germany. Seven days and nights of continuous travelling are required to cross the American Continent. The lands which owe allegiance to the monarch of these Islands are three times as extensive as those composing the Republican Empire of the United States.

The relative progress, according to the population test, of the mother country, and the nationalities, voluntarily incorporated into her government, beyond seas will best be judged by the facts and figures of a comparatively recent contrast, such as is alone practicable in the case of an essentially modern experience. Between 1871, then, and 1881, the increase in the inhabitants of the United Kingdom was at the rate of 10 per cent. In the case of our American Colonies it was 19 per cent.; in the case of our Australasian it was 42 per cent. The same progress which has marked our recent history in other respects than numbers at home, has not been wanting with our kin beyond sea. Thus, in respect of education; in the single province of Quebec, then fairly typical of our other possessions, in 1837 barely one-fourth of the population could read; less than one-tenth could make even a pretence at writing. In 1897 there are in the same province 4,000 schools, with a total of 200,000 scholars, each of whom is periodically certified by examiners to be making gradual progress in the prescribed standards, according to age, and qualified individually to swell the claim upon the Government grant for efficiency.