It had exclusive jurisdiction of real actions, and
limited equity jurisdiction. All suits where the matter in
issue was more than three hundred dollars might be brought
originally in that court or removed there by the defendant
from the Common Pleas if the plaintiff began it below. So
the court had a great deal of business. It also had jurisdiction
of divorce cases, appeals from the Probate Court and some
special writs such as habeas corpus, certiorari and mandamus.
But after all, the old Court of Common Pleas was the place
where the greater part of the law business of the county was
transacted. There were at first four civil terms in the year,
and, after Fitchburg became a half shire, there were two more
terms held there. The Common Pleas had jurisdiction of all
crimes except capital.
There were some very interesting characters among the old
Judges of the Common Pleas. Among the most remarkable was
Judge Edward Mellen, who was first side Judge and afterward
Chief Justice. He was a man of great law-learning, indefatigable
industry and remarkable memory for cases, diffuse and long-
winded in his charges, and apt to take sides.
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