s, wherein he styled himself “lord chief justice of England,” whereas he could challenge no more but lord chief justice of the King’s-bench. And having corrected what
Roger Coke gives us a different account of the occasion
of the chief justice’s being in disgrace; and informs us,
that he was one of the first who felt the effects of the
power of the rising favourite, Villiers, afterwards duke of
Buckingham. The author of the notes on Wilson’s “Life
of James,
” published in the second volume of Kennet’s
“Complete History of England,
” tells us “that sir Edward lost the king’s favour, and some time after his place,
for letting fall some words upon one of the trials, importing his suspicion that Overbury had been poisoned to prevent the discovery of another crime of -the same nature,
committed upon one of the highest rank, whom he termed
a sweet prince; which was taken to be meant of prince
Henry.
” Whatever were the causes of his disgrace, Which
it is probable were many, he was brought upon his knees
before the council at Whitehall, June J 6 16; and offences
were charged upon him by Ylverton, the solicitor-general,
implying, amongst other things, speeches of high contempt
tittered in the seat of justice, and uncomely and undutiful
carriage in the presence of his majesty, “the privy council, and judges.
” Soon after, he presented himself again
at the council-table upon his knees, when secretary Winwood informed him, that report had been made to his majesty of what had passed there before, together with the
answer that he had given, and that too in the most favourable manner; that his majesty was no ways satisfied with
respect to any of the heads; but that notwithstanding, as
well out of his own clemency, as in regard to the former
services of his lordship, the king was pleased not to deal
heavily with him: and therefore had decreed, 1. That he
be sequestered from the council-table, until his majesty’s
pleasure be further known. 2. That he forbear to ride his
summer circuit as justice of assize. 3. That during this
vacation, while he had time to live privately and dispose
himself at home, he take into his consideration and reviewhis books of Reports; wherein, as his majesty is informed,
be many extravagant and exorbitant opinions set down and
published for positive and good law: and if, in reviewing
and reading thereof, he find any thing fit to be altered or
amended, the correction is left to his discretion. Among
other things, the king was not well pleased with the title of
those books, wherein he styled himself “lord chief justice
of England,
” whereas he could challenge no more but lord
chief justice of the King’s-bench. And having corrected
what in his discretion he found meet in these Reports, his
majesty’s pleasure was, he should bring the same privately to
himself, that he might consider thereof, as in his princely
judgment should be found expedient. Hereunto Mr.
secretary advised him to conform himself in all duty and
obedience, as he ought; whereby he might hope that his
majesty in time would receive him again to his gracious
and princely favour. To this the lord chief justice made
answer, that he did in all humility prostrate himself to his
majesty’s good pleasure; that he acknowledged that decree to be just, and proceeded rather from his majesty’s
exceeding mercy than his justice; gave humble thanks to
their lordships for their goodness towards him; and hoped
that his behaviour for the future would be such as would
deserve their lordships’ favours. From which answer of
sir Edward’s we may learn that he was, as such men always
are, as dejected and fawning in adversity, as he was insolent and overbearing in prosperity; the same meanness
and poorness of spirit influencing his behaviour in both
conditions.
, lord chief justice of the King’s Bench, was born at Gredington, in
, lord chief justice of the
King’s Bench, was born at Gredington, in Flintshire,
1733 and was the eldest surviving son of Lloyd Kenyon,
esq. originally of Bryno in the same county, and one of
the younger sons of the ancient family of Kenyon of
Peele in Lancashire. He received the elementary part of
his education at Ruthen in Denbighshire, whence he was
taken, at an early age, and articled to Mr. W. J. Tomlinson, an eminent attorney at Nantwich, in Cheshire. On
the expiration of his articles, Mr. Kenyon determined to
enter into a line which afforded a more ample scope to his
industry and talents, and, accordingly, became a member
of the Society of Lincoln’s Inn, in Trinity Term 1754, and
after a sedulous application to the requisite studies, was
called to the bar in Hilary Term 1761. In the early part
of his professional career, his advancement was but slow;
he was unassisted by those means which powerful connexion and interest afford. The branch of his profession to
which he chiefly applied himself, that of conveyancing,
was not calculated to bring him forward into public notice;
but the sterling merit of genuine abilities and persevering
industry were not to be overlooked. He rose gradually
into practice; few opinions at the bar, at the time, carried
more weight and authority, and he was frequently recurred to as an advocate. In 1773, he formed a matrimonial
connexion with his relative, Mary, the third daughter of
George Kenyon, of Peele and, not long after, contracted
an intimacy with Mr. afterwards lord Thurlow and chancellor. About this period too, and for some years after,
his practice in the Courtof Chancery was very extensive
and of the most lucrative kind, by which, as well as in the
other branches of his profession, he acquired a very considerable property. In 1780, a circumstance occurred
which not a little contributed to establish his reputation as
an advocate and a public speaker, his being employed as
leading counsel for the defence of the late lord George
Gordon, on a charge of high treason; on this interesting
occasion his second was Mr. now lord Erskine, who on
that day distinguished himself in such a manner as in a great
degree laid the foundation of his future fame. In April
1782, soon after the accession of the Rockingham party to
ministerial power, Mr. Kenyon was, without serving the intermediate office of solfcitor, appointed to the important
situation of attorney-general, and, at the same time, chief
justice of Chester; in the former office he succeeded the
late James Wallis, esq. The circumstance of his direct
promotion to the office of attorney-general was regarded
as a singular instance; this however is erroneous, similar
promotions have before occurred, and the case of sir Edward Law (the late attorney-general, now lord Ellenborough, his successor as lord chief justice), is a recent
instance. In parliament Mr. Kenyon took a decided part
in politics, warmly attaching himself to the party of Mr.
Pitt; and distinguishing himself not a little by his speeches
on the noted affair of the coalition, Mr. Fox’s India-bill,
&c. In March 1784 he was appointed master of the rolls,
an office of high judicial dignity, and generally leading to
still higher legal honours; yet its emoluments fell very
short of those which he necessarily relinquished by discontinuing his professional pursuits as a counsel. About this
time he was created a baronet. In this situation sir Lloyd
Kenyon continued till the latter end of May 1788, when,
on the resignation of the venerable earl of Mansfield, who,
for the long interval of thirty-two years, had held the honourable and very important office of chief justice of the
court of KingVbench, he was appointed to succeed him,
and at the same time was elevated to the peerage, by the
title of lord Kenyon, baron of Gredington in the county
of Flint. He was now fixed in a situation, which, though
not nominally the highest, is perhaps the most important
office in the administration of the law of this country; and
lord Kenyon furnished an instance nearly as striking as
that of the illustrious Hardwicke, that the profession of the
law is that which, of all others, affords the fairest opportunies for the exertion of genuine talents and persevering
industry; whether the object be the gratification of ambition in the attainment of the highest honours in the state,
or the possession of abundant wealth. His conduct in
those arduous and important situations attracted and
fixed the applauses and gratitude of his countrymen. He
was distinguished for his laudable, firm, and persevering
exertions to keep the channels of the law clear and unpolluted by low and sordid practices, which were particularly
exemplified in the vigilant and salutary exercise of his authority over the attorneys of his own court, the utility of
which has been experienced in a very considerable degree.
Nor was he less distinguished for his zeal in the cause of
morality and virtue, which most conspicuously appeared in
his conduct with respect to cases of adultery and seduction. On these occasions neither rank, wealth, nor station, could shield deliquency from the well-merited censure
and rebuke of offended justice and morality. Though
much, unhappily, remains to be done, yet his lordship’s
exertions, combined with those of some of the most virtuous and exalted characters of the upper House of Parliament, have contributed greatly, notwithstanding the acknowledged inadequacy and imperfection of the law in these
respects, to restrain the fashionable and prevailing vices
alluded to. What likewise redounded to the honour of his
lordship’s magisterial character, was the strictness, not to
say severity, with which he administered the justice of the
law against the pernicious tribe of gamblers of every description, who have for some years infested the metropolis.
On these occasions, as well as in those above mentioned,
the conduct of this truly virtuous judge was such as incontrovertibly shewed that “the law is no respecter of
persons;
” and his persevering exertions to restrain the destructive vice of gaming have been attended with no inconsiderable degree of success. Nor should we omit to mention the very laudable spirit and firmness, which on all occasions he evinced in maintaining due order and decorum
in his court. It was justly said of him, that though he
might not equal in talents or eloquence the pre-eminent
character whom he succeeded on the bench of justice; nevertheless, he possessed qualities mor*e appropriate to, and
knowledge more connected with, the important office which
he held. Profound in legal erudition, patient in judicial
discrimination, and of the most determined integrity, he
added no common lustre to his exalted station. He did
not sacrifice his official to his parliamentary character; the
sphere of his particular duty was the great scene of his
activity, as of his honour; and though, as a lord of parliament, he never lessened his character, it was as a judge
that he aggrandized it. In private life, the character of
lord Kenyon was amiable and praise- worthy in the highest
degree no man could excel him in the relations of husband and father in the former he may be considered as a
pattern of conjugal virtue. In his mode of living he was
remarkably temperate and regular; while the gratuitous
assistance in his professional capacity, which it was well
known he had often afforded to necessitous and injured individuals, is a proof that a fondness for money was not a
prevailing trait in his character. He died at Bath, April
2, 1802, supposed to be worth 300,000l. all acquired by
his own professional exertions, and a rigid spirit of economy. Lord Kenyon had issue by his lady, three sons;
Lloyd, born in 1775, whom his father appointed to the
office of filazer of the Court of King’s-bench; but who
died in 1800. The manner in which his lordship was affected by this melancholy event, is supposed, in some degree, to have accelerated his own dissolution. Secondly,
George, the present lord Kenyon, born in 1776. His lordship was appointed by his late father to the very lucrative
situation of joint chief clerk of the Court of King’s-bench,
on the demise of the late earl of Mansfield, better known
as lord viscount Stormont, and joined in the patent with
the late John Waye, esq. And, thirdly, the hon. Thomas
Kenyon, born in 1780,
lion, he took the covenant, and, in 1645, was made one of the judges; and in 1648 was promoted to be lord chief justice of the King’s Bench, in which office his integrity
, a learned and upright judge, was the second son of Robert Rolle of Heanton in Devonshire, where he was born in 1589. In 1606 he entered Exeter college, Oxford, and resided there about two years, after which he was admitted a member of the Inner Temple, Feb. 6, 1608, and studied the law with great perseverance and success. His contemporaries Here were Littleton, Herbert, Gardiner, and Selden, with all whom he formed a lasting friendship. Being admitted to the bar, he practised in the court of King’s Bench, and raised a very high reputation as a sound lawyer. His reading and practice were equally extensive; and he seems to have been formed by nature for patient study, deep penetration, and clearness and solidity of judgment. He soon discovered the hinge upon which every cause turned, and when he was convinced himself, had the art of easily convincing others. In the latter end of the reign of James I. and beginning of that of Charles I. he sat as member of parliament for Kellington in Cornwall; and in 1638 was elected summer reader of the Inner Temple,but the plague raging then in London, he did not read until Lent following, and in 1640 he was made serjeant at law. On the breaking out of the rebellion, he took the covenant, and, in 1645, was made one of the judges; and in 1648 was promoted to be lord chief justice of the King’s Bench, in which office his integrity was acknowledged by the generality of the loyalists themselves. He was, of all the judges, the most averse from trying any of the king’s party for treason, thinking indeed that their defence, in which they insisted upon the illegality of the government, was too well founded. He resigned his office some time before his death, which happened July 30, 1656. He was buried in the chinch of Shapwicke near Glastonbury in Somersetshire, the manor of which he had purchased some years before, and had his residence there. In Tawstock church near Barnstaple in Devonshire, is a monument to Alexander Rolle, a lawyer, who died in 1660, aged forty-eight, and was probably son to our judge.
, lord chief justice of the King’s Bench towards the close of the seventeenth
, lord chief justice of the
King’s Bench towards the close of the seventeenth century, seems entitled to some notice on account of his
“Reports,
” although his character in other respects may
as well be consigned to oblivion. He was originally a
strolling beggar about the streets, without known parents
or relations. He came often to beg scraps at Clement’s
Inn, where his sprightliness and diligence made the society
desirous to extricate him from his miserable situation. As
he appeared desirous to learn to write, one of the attornies
fixed a board up at a window on the top of a stair-case,
which served him as a desk, and there he sat and wrote
after copies of court and other hands, in which at length
he acquired such expertness, as in some measure to set
up for himself, and earn a pittance by hackney- writing.
He also took all opportunities of improving himself by
reading such books as he borrowed of his friends, and in
the course of a few years, became an able attorney and a
very eminent counsel, his practice in the King’s-bench
being exceeded by none. All this would have redounded
to his honour, had his progress in integrity kept pace with
other accomplishments, but he appears to have brought into
his profession the low habits of his early life, and became
as much a disgrace as an ornament to the bar. His art and
cunning were equal to his knowledge, and he carried many
a cause by sinister means, and when detected, he never
was out of countenance, but evaded the matter with a jest,
which he had always at hand. He was much employed by
the king against the city of London, in the business of the
quo warranto, and was a very fit tool in the hands of the
court, and prompted the attorney- general Sawyer, to overthrow the city charter. It was when this affair was to be
brought to a decision, that Saunders was knighted and
made lord chief justice Jan. 23, 1682-3. But just as sentence was about to be given, he was seized with an apoplexy and died. In our authority, a disgusting description
is given of his person, which seems to have corresponded
with his mind.
al collections made about 1590, or a copy of them, falling into the hands of sir Randolph Crew, knt. lord chief justice of the King’s bench, his grandson, sir Randolph
, herald and antiquary, was born in
Cheshire, and descended from the Smiths or Smyths of
Oldhough. He was educated at Oxford, but in what college Wood has not ascertained, there being several of
the same names about the latter part of the sixteenth century. When he left the university, we cannot trace his
progress, but on his application at the Heralds’ college for
the office of Rouge- Dragon, it was said that he had been a
merchant and traveller. He was recommended by sir
George Carey, knight marshal; and “The Society of Arms
finding, by many, that he was honest, and of a quiet conversation, and well languaged,
” joined in the supplication,
which gained him this office. Anstis says, that he had
long resided abroad, and had kept an inn, at Nuremburgh,
in Germany, the sign at the door of which was the Goose.
He wrote a description of Cheshire, which, with his historical collections made about 1590, or a copy of them, falling
into the hands of sir Randolph Crew, knt. lord chief justice
of the King’s bench, his grandson, sir Randolph Crew, gave
them to the public. These materials, and the labours of
William Webb, form the bulk of “King’s Vale-Royal,
” published in fol. The Image of Heraldrye, &c.
” a sort of introduction to
the science, which forrrierly belonged to Anstis the other,
“Genealogies of the different potentates of Europe, 1578,
”
formerly Peter Le Neve’s. A new edition, with additions,
of the “Vale-Royal,
” was published at Chester,
men in the council-chamber, being brought before them by sir Henry Montague, the recorder, afterward lord chief justice of the King’s-bench. But after all, the additions
must be indulged to his education so of his endeavours." Fuller’s Worthies. hard is it for a citizen to write an hisIn 1618, after his decease, a third edition, still in quarto, was published by A. M. or Anthony Muuday (See Munday), a citizen also, and a man of some fame. He had been the pope’s scholar in the seminary at Rome; afterward, returning home, and renouncing the pope and popery, he wrote two books relative to the English priests and papists abroad. This editor made several additions, as he pretended, to the Survey; much of which, he hinted, he had formerly from Stow himself, who, in his lite-time, delivered into his han.ls some of his best collections, and importunately persuaded him to correct what he found amiss, and to proceed in perfecting so worthy a design. He talks of being employed about twelve years revising and enlarging it; and that he had the encouragement of the court of aldermen in the council-chamber, being brought before them by sir Henry Montague, the recorder, afterward lord chief justice of the King’s-bench. But after all, the additions he made were chiefly some inscriptions and epitaphs from the monuments in the parish churches; a continuation of the names of the mayors and sheriffs; and little more, except some transcripts out of Stow’s Summary and Annals, and here and there venturing to correct some errors, as he calls them, in the original, in place of which he has rather substituted his own; for Mr. Stow was too exact and precise to be corrected by one so much inferior to him in literature, and in antiquities, as Munday appears to be.
he resignation of the great seal by Peter lord King, in October 1733, sir Philip Yorke was appointed lord chief-justice of the king^s bench. He was soon after raised
, an eminent lawyer, was the son of Philip Yorke, an attorney, and was born at Dover, in Kent, December 1, 1690; and educated under Mr. Samuel Morland, of Bethnal Green, in classical and general learning, which he ever cultivated amidst his highest employments. He studied the law in the Middle Temple under the instruction of an eminent conveyancer of the name of Salkeld; and, being called to the bar in 1714, he soon became very eminent in his profession. In 1718 he sat in parliament as member for Lewes, in Sussex; and, in the two successive parliaments, for Seaford. In March 1719-20, he was promoted to the office of solicitorgeneral by the recommendation of the lord-chancellor Parker; an obligation he never forgot, returning it by every possible mark of personal regard and affection. He received also about the same time the honour of knighthood. The trial of Mr. Layer at the king’s bench for high. treason, gave him, in Nov. 1722, an opportunity of shewiug his abilities; his reply, in which he summed up late at night the evidence against the prisoner, and answered all the topics of defence, being justly admired as one of the ablest performances of that kind extant. About the same time, he gained much reputation in parliament by opening the bill against Kelly, who had been principally concerned in bishop Atterbury’s plot, as his secretary. la February 1723-4, he was appointed attorney-general, in the execution of which important office he was remarkable for his candour and lenity. As an advocate for the crown, he spoke with the veracity of a witness and a judge; and, though his zeal for justice and the due course of law was strong, yet his tenderness to the subject,- in the court of exchequer, was so distinguished, that upon a particular occasion in 1733, the House of Commons assented to it with a general applause. He was unmoved by fear or favour in what he thought right and legal; and often debated and voted against the court in matters relating to the South-Sea company, when he was solicitor; and,‘ in the affair of lord Derwentwater’s estate, when he was attorneygeneral. Upon the resignation of the great seal by Peter lord King, in October 1733, sir Philip Yorke was appointed lord chief-justice of the king^s bench. He was soon after raised to the dignity of a baron of this kingdom, with the title of lord Hardwicke, baron of Hardwicke, in the county of Gloucester, and called to the cabinet council. The salary of chief-justice of the king’s bench being thought not adequate to the weight and dignity of that high office, was raised on the advancement of lord Hardwicke to it, from 2000l. to 4000l. per ann. to the chiefjustice and his successors; but his lordship refused to accept the augmentation of it; and the adjustment of the two vacancies of the chancery and king’s bench (which happened at the same time) between his lordship and lord Talbot, upon terms honourable and satisfactory to both, was thought to do as much credit to the wisdom of the crown in those days, as the harmony and friendship, with which they co-operated in’the public service, did honour to themselves. In the midst of the general approbation with which he discharged his office there, he was called to that of lord high chancellor, on the decease of lord Talbot, February 17, 1736-7.