from PART IV - Courts and Jurisdictions
Published online by Cambridge University Press: 05 December 2014
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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