the deer (which are a trifle) but timber would
have such increase as would supply shipping, and
save great charges, and be a vast accommodation
of the royal navy.
And it is not to be wondered
that this œconomy of the forests is laid aside, sav-
ing only as to offices for wardships; for the sub-
ject matter is unpopular, and the officers are on
the one side corrupt and yield to all abuses, and
on the other side, oppress and extort money of all
they can; and, as if that were the end of their
institution, mind little else.

but ever ob

His lordship was not without eminent good Had faveur, fortune, as well as discretion, to help him forward served the in his circuit practice, which made him arise in judge. it faster than young men have commonly done. As when the Lord Chief Justice Hyde* was alive, he usually went the Norfolk circuit. The chief justice was a western man, but would not take the circuit so called, because he would not break a law with a non obstante. And this judge was industriously favourable to his lordship, calling him cousin in open court, which was a declaration that he would take it for a respect to himself to bring him causes, and that is the best account that can be given of a favourite; in which capa

Uncle to the famous Earl of Clarendon. He was employed to draw the answer to the impeachment preferred by the Commons against the Duke of Buckingham, and was rewarded for the service with the place of lord chief justice. VOL I.

G

city a gentleman pretends to be easily heard, and that his errors and lapses, when they happen, may not offend the judge, or hurt a cause, beyond which the profession of favour is censurable both in judge and counsel. But this benefit grew, like that under Sir Jeoffry Palmer, at first out of a Temple acquaintance, which consisted of young Mr. Palmer and Mr. Edward Hyde the lord chancellor's son, and some others of that family, who introduced his lordship to their patrons which shows that, in the erecting of a lawyer, inns of court commons and conversation may be of vast use. In circuit practice there is need of an exquisite knowledge of the judge's humour, as well as his learning and ability to try causes; and his lordship was a wonderful artist at nicking a judge's tendency, to make it serve his turn, and yet never failed to pay the greatest regard and deference to his opinion for so they get credit; because the judge, for the most part, thinks that person the best lawyer that respects most his opinion. I have heard his lordship say that sometimes he hath been forced to give up a cause to the judge's opinion, when he was plainly in the wrong, and when more contradiction had but made him more positive; and besides that in so doing he himself had weakened his own credit with the judge, and thereby been less able to set him right when he was inclined to it. For, when

he found it went against the grain, he would not teaze, as the way is, to get credit with the countrymen, who would be apt to say, "Look what pains he takes;" but for that time, since there was no remedy, let the matter go. And all this without blame with respect to his clients, for he could do no more in any respect, but might do worse by many. And a good opinion so gained often helps at another time to good purpose, and sometimes to ill purpose; as I heard it credibly reported of Serjeant M-y-d, that being the leading counsel in a small-fee'd cause, would give it up to the judge's mistake, and not contend to set him right, that he might gain credit to mislead him in some other cause in which he was well fee'd.

versity of

There were some judges came that circuit, of Great diwhose abilities time hath kept no record, unless judges. in the sinister way, as Morton, Archer,* &c. If such expressed any thing in favour of his lordship's client, he would echo, "Ay, my lord;" and then the other side fretted at him, as one that knowing better ought not to say so. Once Archer noted a difference between a renunciation of an executorship upon record, and in pais. "Ay, my lord," quoth the counsel; which made the judge

*

Appointed a judge of the Common Pleas, 4th November, 1663; removed in Christmas vacation 1672. Holding his office quamdiu se bene gesserit, he refused to surrender it, although prohibited from exercising his judicial functions.(T. Raym. Rep. 217.)

Most careful to be instructed.

as fierce as a lion, when he was so backed; and woe be to the other side if they contradicted it; though it was no better than arrant nonsense. There came other judges who were, and ever will be, famous among the learned in the laws; as Wadham Windham,* and the Lord Chief Justice Hales. His lordship had no way to court these, but by his learning and strength of reason. Hales had an early opinion of his lordship's skill in the law, and believed he would grow eminent in the profession. For once, when the court was sat, he perceived him crowding very hard to get in, and from the bench spoke to the people to make way for the little gentleman, "for," said he, "he will soon make way for himself." In short, his lordship took all the pains he could to settle himself well in circuit practice. He used to say that the circuit found him business for the town, and the town for the circuit.

One thing was principally his care, which was to take good instructions in his chamber. He examined carefully the issue, as the pleadings derived it; and perused all the deeds if it were a title, and not seldom examined the witnesses if it were fact; by this he was enabled to make a judgment of the cause, and to advise his client as to going

Appointed one of the judges of the King's Bench in 1660. The references in the margin of Fitzherbert's Natura Brevium, to the Year Books and Reports, display the industry and learning of this eminent lawyer.

on or not. And the attorney, as well as the client, by his care and dexterity in probing the cause, starting objections, inventing points, foretelling events, and what the judge will say, and the like, observed his character, and that he might be depended on, which engaged both afterwards to come to him again; especially the attornies, who love such as have skill, and take pains to credit them by securing the best event a cause will bear.

man a con

I am advanced so far in these observations, as, Mr. Colewithout more, it may plainly be perceived that temporary from an humble beginner, rejoicing at a cause that and friend. came to him, his lordship soon became cock of the circuit; and every one that had a trial, rejoiced to have him on his side. There was another gentleman, who grew up together with his lordship in the circuit practice, with nearly the same speed, one Mr. Coleman, of the Burnt Ely family in Suffolk. And as it happily fell out, there was no sort of emulation or competition to create uneasiness betwixt them, for they were for the most part opposed if one of them was for the plaintiff, the other was for the defendant, and from the beginning to the end, held not only a fair correspondence, but were very good friends; and how could it be otherwise, when both were ingenuous, good lawyers, ready speakers, candid gentlemen, and who in pursuit of their own, improved each other's interest? Mr. Coleman had a very comely as