been gradually shaping itself into a refined science, which
no human faculties could master without long and intense application.
Even Shaftesbury, vigorous as was his intellect, had painfully felt his
want of technical knowledge; [22] and, during the fifteen years which had
elapsed since Shaftesbury had resigned the Seal, technical knowledge
had constantly been becoming more and more necessary to his successors.
Neither Nottingham therefore, though he had a stock of legal learning
such as is rarely found in any person who has not received a legal
education, nor Halifax, though, in the judicial sittings of the House
of Lords, the quickness of his apprehension and the subtlety of his
reasoning had often astonished the bar, ventured to accept the highest
office which an English layman can fill. After some delay the Seal was
confided to a commission of eminent lawyers, with Maynard at their head.
[23]
The choice of judges did honour to the new government. Every Privy
Councillor was directed to bring a list. The lists were compared; and
twelve men of conspicuous merit were selected. [24] The professional
attainments and Whig principles of Pollexfen gave him pretensions to
the highest place. But it was remembered that he had held briefs for the
Crown, in the Western counties, at the assizes which followed the battle
of Sedgemoor. It seems indeed from the reports of the trials that he did
as little as he could do if he held the briefs at all, and that he
left to the Judges the business of browbeating witnesses and prisoners.
Nevertheless his name was inseparably associated in the public mind with
the Bloody Circuit. He, therefore, could not with propriety be put at
the head of the first criminal court in the realm. [25] After acting
during a few weeks as Attorney General, he was made Chief Justice of the
Common Pleas. Sir John Holt, a young man, but distinguished by learning,
integrity, and courage, became Chief Justice of the King's Bench. Sir
Robert Atkyns, an eminent lawyer, who had passed some years in rural
retirement, but whose reputation was still great in Westminster Hall,
was appointed Chief Baron. Powell, who had been disgraced on account
of his honest declaration in favour of the Bishops, again took his seat
among the judges. Treby succeeded Pollexfen as Attorney General; and
Somers was made Solicitor. [26]
Two of the chief places in the Royal household were filled by two
English noblemen eminently qualified to
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