The deputy judge advocate held in contempt the net-work of the law, by
which equitable rights are sometimes entangled: his was a court of
request without appeal, and he took pleasure in asserting its finality.
For the convenience of suitors he allowed agents to practice in his
court: these gentlemen had somewhat more legal knowledge than the judge,
and often exasperated his antipathies by its ostentation. They would
dwell on the dignity of his court: his decision was irrevocable; even
the lord chancellor of England, they would say, was subject to the
revision of a still higher court than his own, but the deputy judge
advocate decided the cause for ever. Trusted with such resistless
jurisdiction--such onerous responsibility, how great must be his care to
avoid an error beyond correction--an injustice that could not be undone
but by an act of parliament! Such were their addresses: occasionally
heard with complacency--and, it is said, not always unsuccessful. The
most famous of these practitioners were Messrs. R. L. Murray and Evan
Henry Thomas. The last gentleman was an emigrant, and issued a
rhetorical advertisement for employment as a preceptor; but renouncing
that calling, he provided himself with a blue bag, the sole
qualification essential, and paraded the vicinity of the court: here
some suitor found him. What he wanted in experience he made up by
industry; and thus carrying his cause, established his reputation as a
pleader.
Abbott was a lover of fair play: when one of these gentlemen stated a
cause, he expressed a wish that the other side could be placed in as
clear a light. Willing to show how well he comprehended the case, the
agent for the plaintiff set before the court what the defendant might
allege; and Abbott, admitting its force, determined in his favor! The
equitable judge decided that the plaintiff should pay the defendant the
unsought balance of his bill.
On such a primitive plan were minor rights protected. Although the
decisions were often grounded on imperfect proof, the substantial equity
of Abbott's adjudications was rarely questioned. In cases under L5 the
court received no fee, but in higher causes a small sum was paid. The
agents obtained what they could, as the recompense of their professional
toils.
Major Abbott continued to preside as deputy judge advocate, until his
office was abolished. After visiting England he returned to Launceston
with the appointment of civil commandant. He died in 1832: the
inhabitants spontaneously honored his funeral. He was esteemed as a
person of a generous nature and upright intentions. Major Abbott entered
the army at the age of thirteen: he was in the service of the crown
fifty-three years, forty-three of which were spent in the colonies.
FOOTNOTES:
[Footnote 77: 14 Geo. iii. c. 83.]
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