Against the king's printers, for

66

Atkins's case, whether a privilege the king "had enjoyed for a hundred years, were a mono

66

law books « poly. Reversed by parliament, and liberty of

set right iu the House of Lords.

Disallowed Serjeaut Scroggs the privilege of the Com

66

arguing denied."

This was the case of the law patent, by which the king's patentees claimed the sole printing of law books. This was by Hales adjudged a monopoly. But upon a writ of error brought in parliament, the lords reversed the judgment, without solemn argument. I remember, about that time it was commonly said in Westminster Hall, that the best reason the judges had to make that patent a monopoly, was that they might have the benefit of printing their own reports.

66

*

Scroggs's case of serjeants in Common "Pleas." †

Sir William Scroggs, when he was a practising mon Pleas. serjeant, was arrested by a King's Bench process, and he pleaded his privilege as a serjeant at law attendant on the Common Pleas, to be sued only in that court, and by bill, and not capius, as officers of the court are proceeded against. But

Upon the subject of the king's prerogative to grant the exclusive privilege of printing certain books, see the cases collected in Viner's Abridgement, Prerogative, (D. c. 2,) and the case of the Stationers' Company v Carnan, in Sir W. Blackstone's Reports, 1004. The decisions on this subject during the reign of Charles II. throw considerable light upon the character and bias of the courts of justice at that period.

+ Reported in Freeman's Reports, vol. i. p. 389.

Hales disallowed it; and it was thought very injurious to the coif, and against all authority of pre

cedent and usage.

"Success of applications, on the contrary Imposed "party."

This was touched before; and was when a courtier carried his cause by getting one, as from the king, to speak to Hales as for his adversary.*

upon by a

trick.

tion of the

the necessi

no envy.

Here I have done with this very great lawyer, Protestathe Lord Chief Justice Hales. And I must not truth, and part without subjoining my solemn protestation, ty of the that nothing is here set down for any invidious subject, and purposes, but merely for the sake of truth; first, in general, for all truth is profitable; and, secondly, in particular, for justice to the character I write of, against whom never any thing was urged so peremptorily as the authority of Hales, as if one must of necessity be in the wrong, because another was presumed to be in the right. These two chiefs were of different opinions in matters of private right, as well as touching the public. And if one were a Solomon, saint, and oracle, what must the other be taken for? Therefore I have understood it absolutely necessary for me, as (assisted with his lordship's own notes) I have done, to show Hales in a truer light than when the

* Ante p. 119.

age did not allow such freedom, but accounted it a delirium or malignancy at least, not to idolize him; and thereby to manifest that he had his frailties, defects, prejudices, and vanities, as well as excellencies, and that he was not a very touchstone of law, probity, justice, and public spirit, as in his own time he was accounted; but that some, that did not agree with him, might have those virtues as eminently in the eye of a just observer. This is the only consideration that moved me so freely to display the matters aforegoing, wishing only that I had means or ability of doing it with more punctuality. I conclude with this observation, that it is a general error of the community, learned and unlearned, when a man is truly great in some capacities, by the measure of them to magnify him in all others, wherein he may be a shallow pretender. But it is the office of a just writer of the characters of men to give every one his due, and no more.*

*Notwithstanding the professions of impartiality with which the author has concluded his character of the celebrated man" to whose learning and diligence" (to use the words of Sir William Jones) "the present age is no less indebted, than his contemporaries were to his wisdom and virtue," the hand of an enemy and a partizan is still clearly visible. The dislike with which Roger North viewed the political sentiments of Hale, added to the jealousy with which he regarded him, as the rival and opponent of his brother, totally disqualified him from forming a correct estimate

recovered

college in

Cambridge.

I should earlier have mentioned a great piece An estate of service his lordship did to his college, that of to St.John's St. John's, in Cambridge; whereby they were enabled to recover a considerable estate, which they had laboured in seven years' suit for, and had been always baffled. It happened that when the fellows were about to give up the cause, and to look no more after it, it came into one of their heads to propose they should make one experiment more, which was to consult their little fellow-commoner (as they used to call him), who after a circuit or two, and other dealings in the country, was re

of that virtuous man's character. The legal reader will find some remarks on this subject in Mr. Hargrave's preface to his Law Tracts, p. vi.

In another place North has spoken of Hale more respectfully. "I have known the Court of King's Bench sitting every day from eight to twelve, and the Lord Chief Justice Hale's managing matters of law to all imaginable advantage to the students, and in that he took a pleasure or rather pride. He encouraged arguing when it was to the purpose, and used to debate with the counsel, so as the Court might have been taken for an academy of sciences as well as the seat of justice." (On the Study of the Laws, p. 32.)

Again, in the Examen, (p. 530), North has mentioned a noble trait in the character of Hale. "The cause was tried at the King's Bench bar, I think twice, but I am sure once, before the Lord Chief Justice Hales, who was a most propitious judge to a poor man's cause. And before him, if any leaning were, it was of his favour to that side that most seemed to be oppressed."

puted the hopefullest young lawyer in England. This was agreed to, and they went to him. The history of the cause was this. There was a grave old gentleman that had a title to an estate; but it was of that nature, as could only be recovered by a writ of right; and accordingly, by advice of counsel, his writ was sued out and the summons given. The defendant appeared, and pleaded to issue by battle (which law was then, and is yet in force, though obsoleted,) the consequence of which was that the plaintiff must either fight, or find a champion to fight for him, or else his cause would be adjudged against him for his default, and he be barred for ever. The good man was of opinion that it was utterly against the law of God to join, or to hire any one to join, in mortal battle for worldly interests; and so he let his writ go. But in his last will (taking himself to have a right still) he gave the land to St. John's college for And he declared his gift to them to be, in trust and confidence that they would use all their interests and endeavours, to obtain of the parliament a repeal of that ungodly trial by battle. After this will proved and known, the college went tó counsel, and proved divers ways of law to come at this estate; but all in vain, as was said before. When they attended his lordship with their compliments of the great assurance of his skill and integrity in advising them, having been educated in

ever.