Heneage Finch, 1st Earl of Aylesford
Encyclopedia
Heneage Finch, 1st Earl of Aylesford, PC, KC (c. 1649 – 22 July 1719) was an English
lawyer
and statesman
.
, he was educated at Westminster School
and at Christ Church, Oxford
, where he matriculated on November 18, 1664. In 1673, he became a barrister
of the Inner Temple
; king's counsel and bencher in 1677; and in 1679, during the chancellorship of his father, was appointed Solicitor General
, being returned to parliament for Oxford University
, and in 1685 for Guildford
.
, when, according to Gilbert Burnet
, and in several other trials afterwards, he showed more of a vicious eloquence in turning matters with some subtlety against the prisoners than of strict or sincere reasoning. He does not, however, appear to have exceeded the duties of prosecutor for the crown as they were then understood. In 1684, in the trial of Algernon Sidney, he argued that the unpublished treatise of the accused was an overt act, and supported the opinion of Jeffreys
that scribere est agere (to write is to act). The same year he was counsel for James II
in his successful action against Titus Oates
for libel, and in 1685 prosecuted Oates for the crown for perjury
.
Finch, however, though a Tory and a crown lawyer, was a staunch churchman, and on his refusal in 1686 to defend the royal dispensing power he was summarily dismissed by James. He was the leading counsel in June 1688 for the Seven Bishops
, when he strangely exposed and very boldly ran down the dispensing power, but his mistaken tactics were nearly the cause of his clients losing their case.
He sat again for Oxford University in the convention parliament, which constituency he represented in all the following assemblies except that of 1698, till his elevation to the peerage. He was, however, no supporter of the House of Orange, advocated a regency in James's name, and was one of the few who in the House of Commons
opposed the famous vote that James had broken the contract between king and people and left the throne vacant. He held no office during William's reign, and is described by John Macky
as always a great opposer of the administration.
In 1689, he joined in voting for the reversal of Lord Russell's attainder, and endeavoured to defend his conduct in the trial, but was refused a hearing by the House. He opposed the Triennial Bill of 1692, but in 1696, spoke against the bill of association and test, which was voted for the king's protection, on the ground that though William was to be obeyed as sovereign he could not be acknowledged rightful and lawful king. In 1694, he argued against the crown in the bankers case.
In 1703, he was created Baron Guernsey and a privy councillor, and after the accession of George I in 1714, Earl of Aylesford
, being reappointed a privy councillor and made Chancellor of the Duchy of Lancaster
, which office he retained till February 1716. He died on July 22, 1719.
of Aylesford
, by whom, besides six daughters, he had three sons, of whom the eldest, Heneage, succeeded him as 2nd earl of Aylesford
. The 2nd earl died in 1757, and since this date the earldom has been held by his direct descendants, six of whom in succession have borne the Christian name of Heneage.
Some of his children with Elizabeth Banks were:
(Memoirs, p. 71; published by Roxburghe Club, 1895) he was accounted one of the greatest orators in England and a good common lawyer; a firm asserter of the prerogative of the crown and jurisdiction of the church; a tall, thin man. He was eloquent, industrious, and judicious, with inflexible integrity.
Many of his legal arguments are printed in State Trials (see esp. viii. 694, 1087, ix. 625, 880, 996, X. 126, 319, 405, 1199, xii. 183, 353, 365). Wood attributes to him on the faith of common rumour the authorship of An Antidote against Poison . . .Remarks upon a Paper printed by Lady (Rachel) Russel (1683), ascribed in State Trials (ix. 710) to Sir Bartholomew Shower
; but see the latter's allusion to it on p. 753. In Hist. of His Own Times, i. 556. Swift has appended a note, an arrant rascal, but Finch's great offence with the dean was probably his advancement by George I. rather than his conduct of state trials as here described.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and statesman
Statesman
A statesman is usually a politician or other notable public figure who has had a long and respected career in politics or government at the national and international level. As a term of respect, it is usually left to supporters or commentators to use the term...
.
Early life
Second son of Heneage Finch, 1st Earl of NottinghamHeneage Finch, 1st Earl of Nottingham
Heneage Finch, 1st Earl of Nottingham, PC , Lord Chancellor of England, was descended from the old family of Finch, many of whose members had attained high legal eminence, and was the eldest son of Sir Heneage Finch, recorder of London, by his first wife Frances Bell, daughter of Sir Edmond Bell of...
, he was educated at Westminster School
Westminster School
The Royal College of St. Peter in Westminster, almost always known as Westminster School, is one of Britain's leading independent schools, with the highest Oxford and Cambridge acceptance rate of any secondary school or college in Britain...
and at Christ Church, Oxford
Christ Church, Oxford
Christ Church or house of Christ, and thus sometimes known as The House), is one of the largest constituent colleges of the University of Oxford in England...
, where he matriculated on November 18, 1664. In 1673, he became a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
of the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
; king's counsel and bencher in 1677; and in 1679, during the chancellorship of his father, was appointed Solicitor General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
, being returned to parliament for Oxford University
Oxford University (UK Parliament constituency)
Oxford University was a university constituency electing two members to the British House of Commons, from 1603 to 1950.-Boundaries, Electorate and Electoral System:...
, and in 1685 for Guildford
Guildford (UK Parliament constituency)
Guildford is a county constituency in Surrey which returns one Member of Parliament to the House of Commons of the Parliament of the United Kingdom, elected by the first-past-the-post voting system....
.
Career
In 1682, he represented the crown in the attack upon the corporation of London, and next year in the prosecution of Lord RussellWilliam Russell, Lord Russell
William Russell, Lord Russell was an English politician. He was a leading member of the Country Party, forerunners of the Whigs, who opposed the succession of James II during the reign of Charles II, ultimately resulting in his execution for treason.-Early life and marriage:Russell was the third...
, when, according to Gilbert Burnet
Gilbert Burnet
Gilbert Burnet was a Scottish theologian and historian, and Bishop of Salisbury. He was fluent in Dutch, French, Latin, Greek, and Hebrew. Burnet was respected as a cleric, a preacher, and an academic, as well as a writer and historian...
, and in several other trials afterwards, he showed more of a vicious eloquence in turning matters with some subtlety against the prisoners than of strict or sincere reasoning. He does not, however, appear to have exceeded the duties of prosecutor for the crown as they were then understood. In 1684, in the trial of Algernon Sidney, he argued that the unpublished treatise of the accused was an overt act, and supported the opinion of Jeffreys
George Jeffreys, 1st Baron Jeffreys
George Jeffreys, 1st Baron Jeffreys of Wem, PC , also known as "The Hanging Judge", was an English judge. He became notable during the reign of King James II, rising to the position of Lord Chancellor .- Early years and education :Jeffreys was born at the family estate of Acton Hall, near Wrexham,...
that scribere est agere (to write is to act). The same year he was counsel for James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
in his successful action against Titus Oates
Titus Oates
Titus Oates was an English perjurer who fabricated the "Popish Plot", a supposed Catholic conspiracy to kill King Charles II.-Early life:...
for libel, and in 1685 prosecuted Oates for the crown for perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
.
Finch, however, though a Tory and a crown lawyer, was a staunch churchman, and on his refusal in 1686 to defend the royal dispensing power he was summarily dismissed by James. He was the leading counsel in June 1688 for the Seven Bishops
Seven Bishops
thumb|200px|A portrait of the Seven Bishops.The Seven Bishops of the Church of England were those imprisoned and tried for seditious libel over their opposition to the second Declaration of Indulgence issued by James II in 1688...
, when he strangely exposed and very boldly ran down the dispensing power, but his mistaken tactics were nearly the cause of his clients losing their case.
He sat again for Oxford University in the convention parliament, which constituency he represented in all the following assemblies except that of 1698, till his elevation to the peerage. He was, however, no supporter of the House of Orange, advocated a regency in James's name, and was one of the few who in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
opposed the famous vote that James had broken the contract between king and people and left the throne vacant. He held no office during William's reign, and is described by John Macky
John Macky
John Macky was a Scottish spy. He was the first person to inform the British of James II's intended invasion of England in 1692 after he fled from France to England. He published an attack on James' exiled court in A View of the Court of St Germains from the Year 1690 to 1695 in 1696...
as always a great opposer of the administration.
In 1689, he joined in voting for the reversal of Lord Russell's attainder, and endeavoured to defend his conduct in the trial, but was refused a hearing by the House. He opposed the Triennial Bill of 1692, but in 1696, spoke against the bill of association and test, which was voted for the king's protection, on the ground that though William was to be obeyed as sovereign he could not be acknowledged rightful and lawful king. In 1694, he argued against the crown in the bankers case.
In 1703, he was created Baron Guernsey and a privy councillor, and after the accession of George I in 1714, Earl of Aylesford
Earl of Aylesford
Earl of Aylesford, in the County of Kent, is a title in the Peerage of Great Britain. It was created in 1714 for the lawyer and politician Heneage Finch, 1st Baron Guernsey. He had already been created Baron Guernsey in the Peerage of England in 1703...
, being reappointed a privy councillor and made Chancellor of the Duchy of Lancaster
Chancellor of the Duchy of Lancaster
The Chancellor of the Duchy of Lancaster is, in modern times, a ministerial office in the government of the United Kingdom that includes as part of its duties, the administration of the estates and rents of the Duchy of Lancaster...
, which office he retained till February 1716. He died on July 22, 1719.
Marriage
He married Elizabeth, daughter and co-heiress of Sir John BanksSir John Banks, 1st Baronet
Sir John Banks, 1st Baronet, was an English merchant and MP, who rose from relatively humble beginnings to be one of the wealthiest merchants in London and owner of several properties.-Life:...
of Aylesford
Aylesford
Aylesford is a village and civil parish on the River Medway in Kent, 4 miles NW of Maidstone in England.Originally a small riverside settlement, the old village comprises around 60 houses, many of which were formerly shops. One pub, a Post Office and four small independent shops remain...
, by whom, besides six daughters, he had three sons, of whom the eldest, Heneage, succeeded him as 2nd earl of Aylesford
Heneage Finch, 2nd Earl of Aylesford
Heneage Finch, 2nd Earl of Aylesford was a British peer and member of the House of Lords, styled Lord Guernsey from 1714 to 1719....
. The 2nd earl died in 1757, and since this date the earldom has been held by his direct descendants, six of whom in succession have borne the Christian name of Heneage.
Some of his children with Elizabeth Banks were:
- Heneage Finch, 2nd Earl of AylesfordHeneage Finch, 2nd Earl of AylesfordHeneage Finch, 2nd Earl of Aylesford was a British peer and member of the House of Lords, styled Lord Guernsey from 1714 to 1719....
(c. 1683-29 Jun 1757) - Lady Anne Finch (d. 30 Nov 1751)
- Hon. John Finch
- Lady Frances Finch (d.c. 21 Mar 1759)
- Lady Elizabeth Finch (c. 1679-26 Feb 1757)
Works
According to John MackyJohn Macky
John Macky was a Scottish spy. He was the first person to inform the British of James II's intended invasion of England in 1692 after he fled from France to England. He published an attack on James' exiled court in A View of the Court of St Germains from the Year 1690 to 1695 in 1696...
(Memoirs, p. 71; published by Roxburghe Club, 1895) he was accounted one of the greatest orators in England and a good common lawyer; a firm asserter of the prerogative of the crown and jurisdiction of the church; a tall, thin man. He was eloquent, industrious, and judicious, with inflexible integrity.
Many of his legal arguments are printed in State Trials (see esp. viii. 694, 1087, ix. 625, 880, 996, X. 126, 319, 405, 1199, xii. 183, 353, 365). Wood attributes to him on the faith of common rumour the authorship of An Antidote against Poison . . .Remarks upon a Paper printed by Lady (Rachel) Russel (1683), ascribed in State Trials (ix. 710) to Sir Bartholomew Shower
Bartholomew Shower
Sir Bartholomew Shower was an English lawyer and politician, Recorder of London and a prominent High Tory.-Life:He was born in Northgate Street, Exeter, on 14 December 1658, the third son of William Shower, merchant, of Exeter, by his wife Dorcas, daughter of John Anthony. John Shower was his...
; but see the latter's allusion to it on p. 753. In Hist. of His Own Times, i. 556. Swift has appended a note, an arrant rascal, but Finch's great offence with the dean was probably his advancement by George I. rather than his conduct of state trials as here described.