The Gallery of Portraits: with Memoirs. Volume 2 (of 7) — John Shaqi
The Gallery of Portraits: with Memoirs. Volume 2 (of 7)Malkin, Arthur Thomas
History
The Gallery of Portraits: with Memoirs. Volume 2 (of 7)
Malkin, Arthur Thomas
Biography
In the year 1682 he removed to London, and immediately commenced an
assiduous attendance upon the courts of law, which at that time was
considered as the highway of the legal profession. Under the powerful
patronage of Sir Francis Winnington, who had been Solicitor-General, and
was then in the full stream of business, he rose with considerable
rapidity into good practice at the bar. In 1683 he appeared as junior
counsel to Winnington in the defence to an important political
prosecution instituted against Pilkington and Shute, with several other
persons, for a riot at the election of sheriffs for the city of London.
His employment in a case of so much public expectation may be taken as a
proof that at that time his professional merits were in some degree
appreciated; and in the reign of James II. his practice is said to have
produced £700 a-year, which at that time was a very large income for a
common lawyer of five years’ standing. But such was the character for
research and industry which he had attained within a very few years from
the commencement of his professional career, that on the trial of the
Seven Bishops in 1688, he was introduced as counsel into that momentous
cause at the express and peremptory recommendation of Pollexfen, one of
the greatest lawyers of that day. The rank of the defendants, the
personal interest of the King in the question at issue, the general
expectation excited by this conflict amongst all classes of the people,
and above all, the event of the prosecution which drove James from his
throne and kingdom, and immediately introduced the Revolution of 1688,
render the trial of the Seven Bishops one of the most important judicial
proceedings that ever occurred in Westminster Hall. It was no trifling
testimony, therefore, to the high estimation in which Somers was held by
experienced judges of professional merit, that he should be expressly
selected by the counsel for the defendants to bear a part in the
defence. We are told that upon the first suggestion of Somers’s name,
“objection was made amongst the Bishops to him, as too young and obscure
a man; but old Pollexfen insisted upon him, and would not be himself
retained without the other; representing him as the man who would take
most pains and go deepest into all that depended on precedents and
records[1].” How far the leading counsel for the Bishops were indebted
to the industry and research of Somers, for the extent of learning
displayed in their admirable arguments on that occasion, cannot now be
ascertained; his own speech, as reported in the State Trials, contains a
summary of the constitutional reasons against the existence of a
dispensing power in the King, expressed in clear and unaffected
language, and applied with peculiar skill and judgment to the defence of
his clients.
Footnote 1:
Kennett’s Complete History, vol. iii. p. 513, n.
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