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Lives of Eminent Serjeants-At-Law of the English

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Lives of Eminent Serjeants-At-Law of the English This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com II I I I .Ml J I I I M I 3 3433 00866722 6 ■. Hv>:N^x LIVES OF EMINENT SERJEANTS-AT-LAW. LIVES OK EMINENT SERJEANTS-AT-LAW OV TUB ENGLISH BAR. BY HUMPHRY WILLIAM WOOLKYCtf, Serjeant-aULaw. IN TWO VOLUMES. „ - . .*. VOL. I. ' ";':: ;D:' ^' / LONDON: Wm. H. ALLEN & CO., 13, WATERLOO PLACE, PALL MALL. 8.W. 18G9. i D0»SEP13/'i Lew1s & Son, Printers, Swan Bu1ldings, Moorgalc Street. TO THE RIGHT HONOURABLE EARL OF DERBY, K.G., HER MAJESTY'S MOST HONOURABLE PRIVY COUNCIL. Chancellor of tjjt Unibttsits of ftgftrt, "LIVES OF EMINENT SERJEANTS,? WITH HIS LOHDSHIP S PF.11MISSIOK, ARE RESPECTFULLY DEDICATED. LIST OF THE SERJEANTS CONTAINED IN THESE LIVES. 1. ADAIR. 30. HOSKINS. 2. BARHAM. 31. KELYNG. 3. BARNARDI8TON. 32. LEEDS. 4. BENDLOES. 33. LENS. 5. BOND, NATHANIEL. 34. MAYNARD. 6. BOND, GEORGE. 35. METHOLD. 7. BONYTHON. 36. MORE. 8. CALLICE. 37. ONSLOW. 9. CARTHEW. 38. PELL. 10. CHAUNCEY. 39. PLOWDEN. 11. CHES8HYRE. 40. PRIME. 12. CONYERS, WILLIAM. 41. ROW. 13. CONYERS, TBISTRAM. 42. SALKELD. 14. CREW. 43. SELLON. 15. DARNALL, JOHN, Sek1ob. 44. SHEPHERD. 16. DARNALL, JOHN, JVNIOB. 45. SKINNER. 17. DAVYS. 46. SKIPWITH. 18. DAVY. 47. STRODE, GEORGE 19. FINCH. 48. STRODE, THOMAS 20. FLEETWOOD. 49. THOMPSON. 21. GLANVILK. 50. TOLLER. 22. GLYN. 51. TREMAINE. 23. HABDBES. 52. TRENCHARD. 24. HAWKINS. 53. WHITAKER. 25. HELE. 54. WHITLOCKE. 26. HEYWOOD. 55. WILKINS. 27. HILL. 56. WILLES. 28. HITCUAM. 57. WILLIAMS. 2'.). HOOKE. 58. WYNNE. THE SERJEANTS-AT-LAW, 1869. The Queen's Chief or First Serjeant. [Vacant]. The Queens Ancientest Serjeants — 2. [Vacant]. The Queen's Serjeants. [Vacant]. Serjeants-at-Law having a Patent of Precedence. 1. JOHN ALEXANDER KINGLAKE, M.P. 2. WILLIAM BALLANTINE. 3. JOHN HUMFFREYS PARRY. 4. JOHN SIMON, M.F. | 0 Serjeants-at-Law. 5. STEPHEN GASELEE. 6. EDWARD BELLASIS. 7. EDWARD SANDYS BAIN. 8. ROBERT MILLER. 9. GEORGE ATKINSON. 10. HUMPHRY WILLIAM WOOLRYCH. 11. SIR MORDAUNT LAWSON WELLS, Kbt. 12. WILLIAM PAYNE. 13. JOHN TOZER [Treasurer of Serjeant's Inn]. 14. CHARLES l'KTERSDORFF. 15. PETER BURKE. 16. THOMAS WHEELER. 17. MICHAEL O'BRIEN. 18. FREDERIC LOWTEN SPINKS. 19. ALEXANDER PULLING. 20. HENRY TINDAL ATKINSON. 21. BENJAMIN COULSON ROBINSON. 22. EDWARD WILLIAM COX. 23. WILLIAM CAMPBELL SLEIGH. 21. AUGUSTINE SARGOOD. i \$3lQ+° PREFACE. In attempting the undertaking, at once difficult and interesting, of a biography of the eminent Serjeants- at-Law of England, we have selected those Serjeants who have arrived at a high position; and some who have distinguished themselves independently of their profession. Sir John Maynard, one of the most remarkable men of his or of any other time, stands conspicuous as a lawyer, a senator, and a politician Bulstrode Whitelocke, who added the powers of the diplomatist as well as the accomplishments of the man of the world to law and politics, was scarcely his inferior. Plowden is an ornament to our history. Those who will take the trouble to trace his honourable career, will find abundant testimony to the know ledge which the Follett of our day might have regarded without envy. They will respect the calm / it X PREFACE. adherence to his religion which compelled the sacrifice of those great honours from which, had he been a Protestant, he would not have been excluded. The Great Seal was tendered to Edmund Plowden, but he declined to exchange his creed for high dignity. Sir John Davys, the "sweet poet" as he is called, a good and prosperous lawyer, so eminent indeed, that had he not been overtaken by sudden death, he would have succeeded Sir Ranulph Crew as Lord Chief Justice, deserves a most honourable mention. He was likewise an author, and an acute politician. Speaking of authors, an account of the historian of Hertfordshire, Sir Henry Chauncey, whose name and labours still survive in much esteem, will be found in its place. Fleetwood, the celebrated Recorder of London, the opposite of Plowden in his creed, and rampant with religious zeal, has been fully handed down to us through the diligence of Strype The materials for a notice of Hawkins seem very scanty. Inquiry after the eminent author has been made, but not with much success. He was, however, descended from the great admiral. He was the writer of the work, " The Pleas of the Crown," which, until the late revolutions in the criminal law, PREFACE. XI occupied a place by the side of that great authority, Sir Matthew Hale In passing on, the matchless notes to the Reports of Chief Justice Saunders compel us at once to acknowledge the learning and intellect of Mr. Serjeant Williams. Saunders's book was called " the Bible of Pleaders," and the Serjeant was his distin guished commentator. His success as an advocate would likewise have claimed for him a place amongst our chief Serjeants. We have not failed, moreover, to revive as we best could the recollections of those great advocates who have been men of politics : of Glyn, the supporter of Wilkes ; Adair, Chief Justice of Chester ; Lens-/ Sir John Trenchard, of the days of William III., the only Serjeant who has received the seals of Secretary of State, and others. Yet it is by no means to be concluded that the names not particularly mentioned in this Preface did not belong to men of renown. " Now by my faith, said then our king, Sith 't will no better be ; I trust I have in this my realme, Five hundred as good as he." [Courtesy and good-will have been bountifully extended to me. With such help, I have obtained Xll PREFACE. many original papers. Upon these I, of course, attach considerable Value. Feeling that it might be in convenient to specify each friendly donor in a preUminary notice, I have thought it best to place a note of acknowledgment at the commencement of each life.] Before we conclude these preliminary observations, we must call attention for a very brief period to the subject of anecdotes in general. These stories of men and things must have a very liberal allowance permitted to them. Many are true, very many only partially so, yet, very few indeed are pure inventions. We must apply these remarks to the present under taking. In dealing with groups of numerous anecdotes it seems the safer course scarcely to reject any. Occasionally we meet with the same tale related differently. This is a confirmation of its truth. Thucydides observes, that if six persons are witnesses of the same event, each will be apt to propound his own version of it. A story is sometimes attributed to the wrong person, but still the facts are the same. Too fastidious a criticism would have a tendency to shut out most valuable materials. We have, therefore, preferred to abide by Dr. Johnson's maxim, " to tell PREFACE. X1U all we know." The sagacity of the reader must be called in aid to detect improbabilities, to winnow the wheat, and to adopt at once the narrative which bears upon it the stamp of truth. Diaries afford us an important source of authentic intelligence. From a writer of established reputation, especially when he is collecting separate memoirs, or writing an individual life, we need not be afraid of fable. The Biographical- Dictionaries likewise, when they condescend to anec dotes, are sufficiently faithful, and if we meet with any account of a Serjeant in books of topography, we can be tolerably assured of their fidelity. But there are two other volumes of stories which claim a higher degree of criticism, and, it may be said, some amount of watchfulness. These are books of anecdotes in general, and again, several which are expressly devoted to lawyers. In the first group an occasional note respecting a Serjeant will now and then be seen, as it were, in gurgite vasto. We must receive such with attention, and, if both original and truthful, even with thank fulness. But the second of the anecdote series which is limited to the lawyers contains a medley, partly reliable, partly doubtful, yet one which we must, XIV PREFACE. nevertheless, accept, since we might haply reject some communications of value. " / puer et citius mecum hac subscribe libelh" may be the maxim of these writers, but we must avoid fastidious discrimination. It should not be forgotten that many of the little witticisms contained in them have been derived from original sources, so that if there should be a want of correctness, it would, probably, have arisen from a random recollection, or, an inaccurate transmission of a story faithfully related in the first instance. Thus, if we find upon occasion, a glaring improbability, the tale may have been told of the wrong person, and yet it may be a real anecdote. Hence, when amusing narratives are read with a confidence that they are, on the whole, worthy of credit, their interest is much heightened, and, it is hoped, that such as are scattered through these lives will be found, for the most part, capable of bearing the test of inquiry. INTRODUCTION. Tt is not the plan of the writer upon introducing his lives to the public to dive into the antiquarian research required for so obscure a subject as the origin of the Serjeant-at-Law. That difficult and doubtful inquiry- has been almost exhausted by authors of acknow ledged merit and ability. Much information has been elicited, but much, which must once have been known, remains in darkness Even if the ancient history of the brotherhood were fully disentangled the old learning would be productive of but little advantage.
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