The Survey of Cornwall / And an epistle concerning the excellencies of the English tongue - Richard Carew

Foure Coroners, chosen by the voyces of the freeholders, do serue the shire, who for the present are, Bligh, Tub, Trenance, and Bastard.

The Vice-admiralty is exercised by M. Charles Treuanion, a Gentleman, through his vertue, as free from greedinesse, as through his faire liuelyhood, farre from needinesse: and by daily experience giuing proofe, that a minde valewing his reputation at the due price, will easily repute all dishonest gaine much inferiour thereunto, & that in conuersing with the worst sort of people (which his office oftentimes enforceth) he can no more be disgraced, then the Sunne beames by shining vpon a dunghill will be blemished.

I haue here set downe the names of those Commissioners for the peace, who at this present make their ordinary residence in Corn. as they stand placed in the Commission, where the priority is mostly deferred to antiquity.

Their ordinary use was, to begin the quarter Sessions for the East halfe of the Shire, on the Tuesdayes and Wednesdayes, at Bodmyn, and to adiourne the [89] same for the West halfe, to be ended at Truro the Friday and Saterday following, leaning one dayes space for riding betweene. But about twenty yeres sithence, the Easterne Iustices making the greatest number, and in this separation having farthest to ride, when they were disposed to attend both places, either in regard of their ease, or vpon scruple of conscience, or for both together, called into question, whether this custome were as warrantable by right, as it was pleadable by prescription; and whether it as much aduanced the administration of iustice, as it eased the trauell of the people. And thereupon they began to appoynt the intire Sessions at either place one after another. This was sometimes performed, and sometimes broken, by the Westerne Iustices, so as seuerall and contrary precepts of summons were directed to the Sheriffe, with the great vncertaynty, ill example, and trouble of the Countrey. It hapned, that one newly associated, and not yet seasoned with either humour, made this motion for a reconcilement, viz. that the Sessions should enterchangeably one quarter begin at Bodmyn, and end at Truro; and the next begin, at Truro, and end at Bodmyn; and that no recognisance should be discharged, or cause decided out of his owne diuision. This proposition, as it gaue the Westerne Iustices the greatest part of their will, so it salued a sore which chiefly grieued the Easterne: for before, what was done in the beginning at one place, was, or might be vndoone in the ending at the other: wherefore all parties willingly condiscended hereunto, and it hath euer sithence beene accordingly obserued.

Another variance hath sometimes fallen out betweene Cornwall and Deuon, about the time of keeping their Sessions. For whereas the Statute 2. H. 5. enacteth that the Iustices shall hold the same in the first weeke after S. Michael, the Epiphanie, the clause of Easter, and the translation of S. Thomas (which, worthily blotted out of the Calender, Teste Newbrigensi, is euer the seuenth of Iuly) and their oath bindeth them to a strickt obseruation hereof: the question hath growne, when those festiuall dayes fall vpon a Munday, whether the Sessions shall be proclaimed for that weeke, or the next, and the generall practise hath gone with the former. But the Cornish Iustices, waying, that prescription is no Supersedeas for swearing, vpon debating of the matter, haue resolued, and lately accustomed, in such cases, to put it ouer vnto the weeke ensuing: and these are their reasons: If the Sessions must bee kept in the first weeke after, it cannot admit an interpretation of the same weeke it selfe. Againe, the clause of Easter, mencioned in the one, should seeme to make a construction of like meaning in the rest. Besides, those, who suite themselues to the other fashion, doe yet swarue therefrom, if those feastes fall vpon any later day in the weeke then Munday; for then they deferre it till the next: and yet, seeing no day certain is directed for beginning the Sessions; if they will constantly binde themselues to the former sense, when those dayes fall on the Friday, they ought to call it for the morrow following. The Iudges of the circuits Oracle, to which the Commission of the peace referreth the Iustices Quaeres, hath resolued, that neyther of these wayes tendeth to any breach of the lawe. Once sure it is, that the Terme-suiters may best speed their businesse, by supporting the former: for the end of these Sessions deliuereth them space inough [90] to ouertake the beginning of the Termes.

For the rest, equity beareth more sway, then grauity, at the Cornish bench, and in confusion they mayntayne equality: for though they speake more then one at once, yet no one mans speach, or countenance, can carry a matter against the truth. Neither doe assertions, but proofes in hearings; nor vouchings, but shewing of law cases, in deciding, order the controuersies: and as diuersitie in opinions breedeth no enmity, so ouer-ruling by most voyces, is taken for no disgrace.

One only Iudge was wont, in three dayes at farthest, to dispatch the Assizes, & gayle deliuery, at Launceston, the vsuall (though not indifferentest) place, where they are holden. But malice and iniquity haue so encreased, through two contrary effects, wealth and pouerty, that now necessity exacteth the presence of both, and (not seldome) an extent of time.

I haue heard the Iudges note, that besides their ordinary paines, they are troubled with more extraordinary supplications in Cornwall, then in any other shire: whereto they yet giue no great encouragement, while the causes are on the backside, poasted ouer to Gentlemens hearing, and account seldome taken or made, what hath bene done therein.

Verily, we must acknowledge, that ever since our remembrance, God hath blessed this Westerne circuit with speciall choyce of vpright and honest Iudges; amongst whom, this of our last is not the least: for they doe so temper a quick conceit with a stayed iudgement, a strict seuerity in punishing, with a milde mercy in remitting, and an awfull grauitie at the Bench, with a familiar kindnesse in conuersation, as they make proofe, that contrarie vertues may, by the diuers wayes of loue and reuerence, meet in one onely poynt of honour.