Page:History of England (Macaulay) Vol 3.djvu/35

 felt that it was a trust which they could not discharge with honour to themselves or with advantage to the public. In old times, indeed, the Seal had been generally held by persons who were not lawyers. Even in the seventeenth century it had been confided to two eminent men, who had never studied at any Inn of Court. Dean Williams had been Lord Keeper to James the First. Shaftesbury had been Lord Chancellor to Charles the Second. But such appointments could no longer be made without serious inconvenience. Equity had 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; 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.

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. 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