Page:The Green Bag (1889–1914), Volume 13.pdf/106

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A Century of English Judicature. bent all the powers of his great intellect to foster the narrow technicalities and heighten the absurdities of the system of special plead ing. The right was nothing, the mode of stating it everything. Conceive of a judge rejoicing at non-suiting a plaintiff in an

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impossible conditions, and expressed satis faction in being able to do so. Broad-minded judges like Maule and Cresswell struggled in vain against his influence. "Well," Maule would say, "that seems a horror in morals and a monster tn reasoning.

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J. PARKE, AFTERWARDS BARON PARKE.

undefended case, and reflecting only that those who drew loose declarations brought scandal on the law! Any attempt to change or ameliorate the law met with his uncom promising opposition. "Think of the state of the record, was his invariable response to every effort to escape from the trammels of technicality. He defeated the act of par liament allowing equitable defences in com mon law actions by the exaction of all but

Now give us the judgment of Baron Parke which lays it down as law." Parke stands at the head of the black-letter lawyers. It is related that once when one of his brethren was ill, Parke took him a special demurrer. "It was so exquisitely drawn," he said, "that he felt sure it must cheer him to read it." "He loved the law," as Bramwell said, "and like those who do so he looked with some dis trust on proposals to change it." He sin-