, a celebrated English judge, descended of an ancient family, was
, a celebrated English judge, descended of an ancient family, was
the eldest son of Thomas Westcote, of the county of Devon, esq. by Elizabeth, daughter and sole-heir of Thomas
Littleton or Lyttleton, of Frankley in Worcestershire, in
compliance with whom she consented that the issue, or at
least the eldest son, of that marriage should take the name
of Lyttleton, and bear the arms of that family. He was
born about the beginning of the fifteenth century at Frankley. Having laid a proper foundation of learning at one
of the universities, he removed to the Inner-Temple; and,
applying himself to the law, became very eminent in that
profession. The first notice we have of his distinguishing
himself is from his learned lectures on the statute of Westminster, “de donis conditionalibus,
” “of conditional
gifts.
” He was afterwards made, by Henry VI. steward
or judge of the court of the palace, or marshalsea of the
king’s household, and, in May 1455, king’s serjeant, in
which capacity he went the Northern circuit as a judge of
the assize. Upon the revolution of the crown, from the
house of Lancaster to that of York) in the time of Edward
IV. our judge, who was now made sheriff of Worcestershire, received a pardon from that prince; was continued
in his post of king’s serjeant, and also in that of justice of
assi/r for the same circuit. This pardon passed in 1462,
the second year of Edward IV.; and, in 1466, he was appointed one of the judges of the court of Common Pleas.
The same year, he obtained a writ to the commissioners of
the customs of London, Bristol, and Kingston-upon-Hull,
enjoining them to pay him a hundred and ten marks annually, for the better support of his dignity; a hundred and
six shillings and eleven pence farthing, to furnish him
whh a furred robe; and six shillings and six-pence more,
for another robe called Li num. In 1473, we find him residing near St. Sepulchre’s church, London, in a capital
mansion, the property of the abbot of Leicester, which he
held on lease at the yearly rent of 1 <'>.-. In 1475 he was
created, among others, knight of the Hath, to grace the
solemnity of conferring that order upon the king’s eldest
son, then prince of Wales, afterwards Edward V. He
continued to enjoy the esteem of his sovereign and the nation, on account of his profound knowledge of the laws of
England, till his death, Aug. 23, 1481, the day after the
date of his will. He was then said to be of a good old
age, but its precise length has not been ascertained. He
was honourably interred in the cathedral church of Worcester, where a marble tomb, with his statue, was erected
to his memory; his picture was also placed in the church
of Frankley; and another in that of Hides-Owen, where
his descendants purchased a good estate. He married,
and had three sons, William, Richard, and Thomas.
Kichard, bred to the law, became eminent in thut profession; and it was for his use that our judge drew up his
celebrated treatise on tenures or titles, which will probably hand his name down to the latest posterity. The
judge’s third son, Thomas, was knighted by Henry VII.
for taking Lambert Simnel, the pretended earl of Warwick. His eldest son and successor, sir William Littleton,
after living many years in great splendour, at Frankley,
died in 1508; and from this branch the late celebrated lord
Lyttelton of Frankley co. Worcester, who was created a
baron of Great Britain, Nov. 1756, derived his pedigree;
but who, owing to the alteration in the spelling of the
name (which, however, appears unnecessary) will occur in
a future part of this work.