Great Britain -- Social life and customs -- 19th century
There were then, as we have said, no County Courts. The Courts of
Requests, of which there were not a hundred altogether, only had
jurisdiction for the recovery of debts under 40_s._ We have already
given an illustration of the methods of Palace Court, which may serve
as a type of these minor courts of record. Indeed, with the exception
of the City of London, which was before the times in this respect,
there was throughout the kingdom a denial of justice. Those who could
not afford to pay the Westminster price had to go without. For in those
days all matters intended to be heard at the Assizes were in form
prepared for trial at Westminster. The ‘record’ was delivered to the
officers of the King’s Bench, Common Pleas, or Exchequer, and the cause
was set down for trial at Westminster, _nisi prius_ in the meantime the
judges happened to go on circuit into the county in which the cause of
action arose,--in which event one of them would take down the record,
try the action with a jury of the county, pronounce judgment according
to the verdict, and bring back verdict and judgment, to be enrolled in
due course at Westminster. In equity, things were even worse. There
was, except in the counties palatine of Durham and Lancaster, no
local equitable jurisdiction. And it was commonly said, and said with
obvious truth, that no sum of less than 500_l._ was worth suing for or
defending in the Court of Chancery.
Divorce was then the ‘luxury of the wealthy.’ An action for the
recovery of damages against the co-respondent, and a suit in the
Ecclesiastical Courts for a separation ‘from bed and board,’ themselves
both tedious and costly, after having been successfully prosecuted,
had to be followed by a Divorce Bill, which had to pass through all
its stages in both Lords and Commons, before a divorce _a vinculo
matrimonii_ could be obtained. There is a hoary anecdote which usefully
illustrates how this pressed upon the poor. ‘Prisoner at the bar,’
said a judge to a man who had just been convicted of bigamy, his wife
having run away with another man, ‘the institutions of your country
have provided you with a remedy. You should have sued the adulterer
at the Assizes, and recovered a verdict against him, and then taken
proceedings by your proctor in the Ecclesiastical Courts. After their
successful termination you might have applied to Parliament for a
Divorce Act, and your counsel would have been heard at the Bar of the
House.’ ‘But, my lord,’ said the disconsolate bigamist, ‘I cannot
afford to bring actions or obtain Acts of Parliament; I am only a very
poor man.’ ‘Prisoner,’ rejoined the judge, with a twinkle in his eye,
‘it is the glory of the law of England that it knows no distinction
between rich and poor.’ Yet it was not until twenty years after the
Queen came to the throne that the Court for Divorce and Matrimonial
Causes was created.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account