The History of England, from the Accession of James II — Volume 2Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 2
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
On the other side were arrayed almost all the eminent forensic talents
of the age. Sawyer and Finch, who, at the time of the accession of
James, had been Attorney and Solicitor General, and who, during the
persecution of the Whigs in the late reign, had served the crown with
but too much vehemence and success, were of counsel for the defendants.
With them were joined two persons who, since age had diminished the
activity of Maynard, were reputed the two best lawyers that could be
found in the Inns of Court: Pemberton, who had, in the time of Charles
the Second, been Chief justice of the King's Bench, who had been removed
from his high place on account of his humanity and moderation, and who
had resumed his practice at the bar; and Pollexfen, who had long been
at the head of the Western circuit, and who, though he had incurred much
unpopularity by holding briefs for the crown at the Bloody Assizes, and
particularly by appearing against Alice Lisle, was known to be at heart
a Whig, if not a republican. Sir Creswell Levinz was also there, a man
of great knowledge and experience, but of singularly timid nature. He
had been removed from the bench some years before, because he was afraid
to serve the purposes of the government. He was now afraid to appear as
the advocate of the Bishops, and had at first refused to receive
their retainer: but it had been intimated to him by the whole body of
attorneys who employed him that, if he declined this brief, he should
never have another. [396]
Sir George Treby, an able and zealous Whig, who had been Recorder of
London under the old charter, was on the same side. Sir John Holt, a
still more eminent Whig lawyer, was not retained for the defence, in
consequence, it should seem, of some prejudice conceived against him
by Sancroft, but was privately consulted on the case by the Bishop of
London. [397] The junior counsel for the Bishops was a young barrister
named John Somers. He had no advantages of birth or fortune; nor had he
yet had any opportunity of distinguishing himself before the eyes of
the public: but his genius, his industry, his great and various
accomplishments, were well known to a small circle of friends; and, in
spite of his Whig opinions, his pertinent and lucid mode of arguing and
the constant propriety of his demeanour had already secured to him
the ear of the Court of King's Bench. The importance of obtaining his
services had been strongly represented to the Bishops by Johnstone; and
Pollexfen, it is said, had declared that no man in Westminster Hall was
so well qualified to treat a historical and constitutional question as
Somers.
Public-domain text, read in full here on John Shaqi.
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