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.
The common Gayle of the shire for offendours, is kept at Launceston: for that statute, 33. H. 8. which amongst other shires, gaue the Cornish Iustices leave to alter the same, by a Prouiso, tooke it away againe, in that this keepership is annexed to the Constableship of the Castle, and that graunted out in lease.
I wil conclude with the highest iurisdiction, namely, the Parliament, to which Cornwall, through the grace of his Earles, sendeth an equall, if not larger number of Burgesses, to any other shire.