Arthur Duck
Encyclopedia
Arthur Duck, LL.D., was an English lawyer and Member of Parliament
.
in 1580, the younger son of Richard Duck of Heavitree
, by his wife, Joanna, and younger brother of Nicholas Duck
, he was educated at Exeter College
(B.A., 1599) and Hart Hall, Oxford (M.A., 1602), and elected a fellow of All Souls
in 1604. In 1612 he was made a Doctor of Laws (LL.D.
), and admitted as an Advocate of Doctor's Commons in 1614. As a jurist he was a pupil of John Budden
.
He was Member of Parliament for Minehead
in the Parliament of 1624–5, and again in the Short Parliament
of 1640.
Duck was associated with the future Archbishop Laud
for some years – an opinion of his that a statute drafted by Laud for Wadham College, Oxford
, was not ultra vires is mentioned in the Calendar of State Papers in 1625–6, and he became Chancellor of the Diocese of London
at about the time Laud was translated to the bishopric in 1628; by 1633 he is recorded as pleading a case for Laud before the King and Council on appeal from the Dean of Arches
, and in the same year he was placed on the Ecclesiastical Commission. He subsequently also became Chancellor of Bath and Wells
in 1635, and held numerous other ecclesiastical and administrative posts.
In 1641 Duck contested the appointment of Sir William Meyrick as judge of the prerogative court of Canterbury, unsuccessfully. He was appointed a Master in Chancery in 1645. In 1648, the King
, then a prisoner of Parliament, requested that he should be allowed Duck's help in conducting the negotiations that were then ongoing to settle the Civil War
, though it is not known if this was eventually permitted.
The Dictionary of National Biography
records that Duck died in Chelsea
in December 1648, and was buried at Chiswick
in May 1649. However, Foss lists him as still a Master of Chancery from 1649 to 1650.
The Chichele biography was anti-papalist and negative about the foundations of canon law
. The De Usu took a line on the "ancient constitution" that was rather hostile to royal authority. It raised the general historical question of how law had evolved differently in different states. Pietro Giannone
considered this point in relation to the Kingdom of Naples
and Kingdom of Sicily
.
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
.
Life
Born at Heavitree in DevonDevon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
in 1580, the younger son of Richard Duck of Heavitree
Heavitree
Heavitree is a district of Exeter, Devon, England. Part of the historic district is currently one of the wards for elections to the City Council. Formerly an independent Urban District, it became a part of Exeter in 1913...
, by his wife, Joanna, and younger brother of Nicholas Duck
Nicholas Duck
Nicholas Duck , was an English lawyer.Duck was born at Heavitree, Devonshire, in 1570, the eldest son of Richard Duck by Joanna, his wife, and entered Exeter College, Oxford, on 12 July, 1584. He left the university without a degree, and entered Lincoln's Inn, where he was called to the bar, and...
, he was educated at Exeter College
Exeter College, Oxford
Exeter College is one of the constituent colleges of the University of Oxford in England and the fourth oldest college of the University. The main entrance is on the east side of Turl Street...
(B.A., 1599) and Hart Hall, Oxford (M.A., 1602), and elected a fellow of All Souls
All Souls College, Oxford
The Warden and the College of the Souls of all Faithful People deceased in the University of Oxford or All Souls College is one of the constituent colleges of the University of Oxford in England....
in 1604. In 1612 he was made a Doctor of Laws (LL.D.
Legum Doctor
Legum Doctor is a doctorate-level academic degree in law, or an honorary doctorate, depending on the jurisdiction. The double L in the abbreviation refers to the early practice in the University of Cambridge to teach both Canon Law and Civil Law, the double L indicating the plural, Doctor of both...
), and admitted as an Advocate of Doctor's Commons in 1614. As a jurist he was a pupil of John Budden
John Budden
John Budden was an English jurist, Regius Professor of Civil Law at Oxford, and Principal of Broadgates Hall.-Life:He was the son of John Budden of Canford, Dorset—his birthplace. He entered Merton College, Oxford, in Michaelmas 1582, was admitted a scholar of Trinity College, Oxford, on 30 May...
.
He was Member of Parliament for Minehead
Minehead (UK Parliament constituency)
Minehead was a parliamentary borough in Somerset, which elected two Members of Parliament to the House of Commons from 1563 until 1832, when the borough was abolished by the Great Reform Act.- MPs 1563–1629 :...
in the Parliament of 1624–5, and again in the Short Parliament
Short Parliament
The Short Parliament was a Parliament of England that sat from 13 April to 5 May 1640 during the reign of King Charles I of England, so called because it lasted only three weeks....
of 1640.
Duck was associated with the future Archbishop Laud
William Laud
William Laud was Archbishop of Canterbury from 1633 to 1645. One of the High Church Caroline divines, he opposed radical forms of Puritanism...
for some years – an opinion of his that a statute drafted by Laud for Wadham College, Oxford
Wadham College, Oxford
Wadham College is one of the constituent colleges of the University of Oxford in the United Kingdom, located at the southern end of Parks Road in central Oxford. It was founded by Nicholas and Dorothy Wadham, wealthy Somerset landowners, during the reign of King James I...
, was not ultra vires is mentioned in the Calendar of State Papers in 1625–6, and he became Chancellor of the Diocese of London
Diocese of London
The Anglican Diocese of London forms part of the Province of Canterbury in England.Historically the diocese covered a large area north of the Thames and bordered the dioceses of Norwich and Lincoln to the north and west. The present diocese covers and 17 London boroughs, covering most of Greater...
at about the time Laud was translated to the bishopric in 1628; by 1633 he is recorded as pleading a case for Laud before the King and Council on appeal from the Dean of Arches
Dean of Arches
The Dean of Arches is the judge who sits at the ecclesiastical court of the Archbishop of Canterbury in England. This appeal court is commonly called the Arches Court....
, and in the same year he was placed on the Ecclesiastical Commission. He subsequently also became Chancellor of Bath and Wells
Diocese of Bath and Wells
The Diocese of Bath and Wells is a diocese in the Church of England Province of Canterbury in England.The diocese covers the county of Somerset and a small area of Dorset. The Episcopal seat of the Bishop of Bath and Wells is located in the Cathedral Church of Saint Andrew in the tiny city of...
in 1635, and held numerous other ecclesiastical and administrative posts.
In 1641 Duck contested the appointment of Sir William Meyrick as judge of the prerogative court of Canterbury, unsuccessfully. He was appointed a Master in Chancery in 1645. In 1648, the King
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
, then a prisoner of Parliament, requested that he should be allowed Duck's help in conducting the negotiations that were then ongoing to settle the Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
, though it is not known if this was eventually permitted.
The Dictionary of National Biography
Dictionary of National Biography
The Dictionary of National Biography is a standard work of reference on notable figures from British history, published from 1885...
records that Duck died in Chelsea
Chelsea, London
Chelsea is an area of West London, England, bounded to the south by the River Thames, where its frontage runs from Chelsea Bridge along the Chelsea Embankment, Cheyne Walk, Lots Road and Chelsea Harbour. Its eastern boundary was once defined by the River Westbourne, which is now in a pipe above...
in December 1648, and was buried at Chiswick
Chiswick
Chiswick is a large suburb of west London, England and part of the London Borough of Hounslow. It is located on a meander of the River Thames, west of Charing Cross and is one of 35 major centres identified in the London Plan. It was historically an ancient parish in the county of Middlesex, with...
in May 1649. However, Foss lists him as still a Master of Chancery from 1649 to 1650.
Work
Duck wrote:- Vita Henrici Chichele archiepiscopi Cantuariensis sub regibus Henrico V et VI, Oxford, 1617. A life of Henry ChicheleHenry ChicheleHenry Chichele , English archbishop, founder of All Souls College, Oxford, was born at Higham Ferrers, Northamptonshire, in 1363 or 1364...
, it was reprinted, ed. William Bates, in Vitæ Selectorum aliquot Virorum, London, 1681, and was translated anonymously London, 1699. It used an earlier life by Roger Hovenden. - De Usu et Authoritate Juris Civilis Romanorum, London, 1653 (assisted by Gerard Langbaine the ElderGerard Langbaine the elderGerard Langbaine, the elder was an English academic and clergyman, known as a scholar, royalist, and Provost of Queen's College, Oxford during the siege of the city.-Life:...
). It was translated in part by John Beaver in 1724 as On the Use and Authority of the Civil Law in the Kingdom of England and bound in the same volume with the translation of Claude Joseph de Ferrière's History of the Roman Law, London. It gives detailed information on the reception of Roman lawRoman lawRoman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
in different European countries.
The Chichele biography was anti-papalist and negative about the foundations of canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
. The De Usu took a line on the "ancient constitution" that was rather hostile to royal authority. It raised the general historical question of how law had evolved differently in different states. Pietro Giannone
Pietro Giannone
Pietro Giannone was an Italian historian born in Ischitella, in the province of Capitanata. He opposed the papal influence in Naples, for which he was imprisoned for twelve years until his death.-Early life:...
considered this point in relation to the Kingdom of Naples
Kingdom of Naples
The Kingdom of Naples, comprising the southern part of the Italian peninsula, was the remainder of the old Kingdom of Sicily after secession of the island of Sicily as a result of the Sicilian Vespers rebellion of 1282. Known to contemporaries as the Kingdom of Sicily, it is dubbed Kingdom of...
and Kingdom of Sicily
Kingdom of Sicily
The Kingdom of Sicily was a state that existed in the south of Italy from its founding by Roger II in 1130 until 1816. It was a successor state of the County of Sicily, which had been founded in 1071 during the Norman conquest of southern Italy...
.
Family
He was married at Wells by Bishop Lake to Margaret, daughter of Henry Southworth, merchant, of London & Wells; he left two daughters:- Martha, who married (1) William Duck, (2) Nicholas Duck (1630–1667), of Mount Radford, her first cousin once removed, and (3) Sir Thomas Carew, 1st Baronet, of Haccombe;
- Mary, who married William HarbordWilliam Harbord (politician)William Harbord , of Grafton Park, was an English politician and diplomat.-Life:Harbord was the second son of Sir Charles Harbord of Charing Cross, who had been surveyor-general to Charles I...
, of Grafton Park, co. Northampton.