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27 - Judicial Conservatism in the Common Pleas 1500–1560

from PART IV - Courts and Jurisdictions

Published online by Cambridge University Press:  05 December 2014

John Baker
Affiliation:
University of Cambridge
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Summary

Tombs have their periods, monuments decay

And rust and age wear epitaphs away

But neither rust nor age nor time shall wear

Judge Walmsley's name that lies entombèd here

Who never did for favour nor for awe

Of great men's frowns quit or forsake the law.

His inside was his outside. He ne'er sought

To make fair shows of what he never thought…

These words inscribed on the tomb of Mr Justice Walmsley (d. 1612), formerly in Blackburn church, Lancashire, make but a transparently veiled reference to the judge's well-known qualities as a judicial conservative and habitual dissentient. Walmsley was imbued with a blunt, robust common sense strongly reminiscent of Lord Bramwell. In his heyday he was the leader, and in his latter years the last surviving loser, of the intellectual struggle between his own court (the Common Pleas) and the King's Bench over recent developments in the common law. He was opposed to the use of assumpsit to supplant the action of debt, of other new uses for actions on the case, and (it seems) of most new-fangled things, and he was not too confident about the new religion. He dissented in Chudleigh's Case (1594), Pinnel's Case (1602), Manning's Case (1608), Calvin's Case (1608), and others; and he registered an angry protest against Slade's Case (1602), in which he had hoped to deliver a resounding dissent.

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Publisher: Cambridge University Press
Print publication year: 2013

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