The Parochial History of Cornwall, Volume 2 (of 4)
History
The Parochial History of Cornwall, Volume 2 (of 4)
Cornwall (England : County) -- History; Geology -- England -- Cornwall (County)
It was the happiness of Cornwall, in the latter end of the reign of
Charles the Second, to behold Mr. Justice Dolben, appointed for two or
three Assizes one of the Judges Itinerant for this county, who so
discouraged the injustice, delay, and frivolousness of many Cornish
law-suits, and so uprightly and succinctly, upon proof of matters of
fact and law, directed the jury as to their verdict, that there was
little or no occasion for the wrangling and jangling arguments of
counsel at the bar. He further told the people in general, that he
admired how they should be so weak in judgment, as to be persuaded
into so many lawsuits in this province, wherein was nothing but pride,
heat, mistakes, or malice, by the advice and direction of lawyers and
attornies, whose trade and occupation was only to get money, without
regard had to the merit or success of their causes longer than their
client could dispense with cash. Upon those and the like arguments of
this upright and conscientious judge, the number of our Cornish trials
was much abated, and fell from a hundred and sixty _venire facias_
brought to about seventy; so that it was generally hoped by this means
we should have had as few lawsuits depending in this as in other
countries, or that all controversies would be ended by references
amongst ourselves, and that it would be said of the Court of Common
Pleas by commission transmitted to Launceston, as was said of the
Court of Chancery when Sir Thomas More was Lord Chancellor thereof,
tempore Henry VIII., who by his upright judgment, and discouragement
of trivial Chancery suits, had ended all causes depending therein, so
that the clerks and counsel had no more business there to do;
whereupon one made this rhyme:
When More some time had Chancellor been,
No more suits did remain:
The like will never more be seen,
Till More comes back again.
Public-domain text, read in full here on John Shaqi.
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