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‘A Lawyer by Practice’

This chapter explores the behaviour of, and claims about, John Smyth as a litigant. It examines his aims, expectations, and ‘practice’, utilising his invaluable private papers as well as the allegations made against him by Benjamin Crokey. This involves reconstructing the mechanics of litigation, in terms of the time, money, and energy spent in preparing and reacting to specific episodes; reflecting upon his willingness to micro-manage disputation; and assessing his tactical awareness. However, it also involves recovering claims about, and contestation over, the difference between legal skill and sharp practice, and reflecting upon historiographical debates over the nature and rhetoric of early modern litigation.