Herbert Jenner-Fust
Encyclopedia
Early life
Jenner-Fust, surname initially Jenner, was second son of Robert Jenner of Doctors' CommonsDoctors' Commons
Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. Like the Inns of Court of the common lawyers, the society had buildings with rooms where its members lived and worked, and a large library...
, proctor, and of Chislehurst
Chislehurst
Chislehurst is a suburban district in south-east London, England, and an electoral ward of the London Borough of Bromley. It is south-east of Charing Cross.-Toponymy:...
, Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
, by his second wife, Ann, eldest daughter of Peter Birt of Wenvoe Castle, Glamorganshire. He was born in the parish of St. Gregory, near St Paul's Cathedral
St Paul's Cathedral
St Paul's Cathedral, London, is a Church of England cathedral and seat of the Bishop of London. Its dedication to Paul the Apostle dates back to the original church on this site, founded in AD 604. St Paul's sits at the top of Ludgate Hill, the highest point in the City of London, and is the mother...
, in the City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
, on 4 February 1778. He was educated under Richard Valpy
Richard Valpy
-Biography:He was born the eldest son of Richard and Catherine Valpy in Jersey. He was sent to schools in Normandy and Southampton, and completed his education at Pembroke College, Oxford. In 1777 he took orders. After holding a mastership at Bury, in 1781 he became head master of Reading grammar...
at Reading
Reading School
Reading School is a state-funded, selective academy school for boys in the English town of Reading. It is notable for tracing its history back to the school of Reading Abbey, making it one of the oldest schools in England. There are no tuition fees for day pupils, and boarders only pay for food and...
and at Trinity Hall, Cambridge
Trinity Hall, Cambridge
Trinity Hall is a constituent college of the University of Cambridge, England. It is the fifth-oldest college of the university, having been founded in 1350 by William Bateman, Bishop of Norwich.- Foundation :...
, where he graduated LL.B. in 1798, and LL.D. in 1803.
Legal career
He was called to the bar at Gray's InnGray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, 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...
27 November 1800, admitted an advocate in the ecclesiastical and admiralty courts, and a fellow of the College of Doctors of Law 8 July 1803. On 28 February 1828 he was appointed king's advocate-general, and knighted on the same day at St. James's Palace
St. James's Palace
St. James's Palace is one of London's oldest palaces. It is situated in Pall Mall, just north of St. James's Park. Although no sovereign has resided there for almost two centuries, it has remained the official residence of the Sovereign and the most senior royal palace in the UK...
by George IV. He became vicar-general to the Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
in 1832, but resigned that place and the office of advocate-general 21 October 1834, on his appointment as official principal of the arches and judge of prerogative court
Prerogative court
A prerogative court is a court through which the discretionary powers, privileges, and legal immunities reserved to the sovereign were exercised. In England in the 17th century a clash developed between these courts, representing the crown's authority, and common law courts. Prerogative courts...
of Canterbury. On the 29th of the same month his name was added to the list of privy councillors.
He assumed the additional surname of Fust 14 January 1842 on succeeding to Hill Court, Gloucestershire, and Capenor Court, Somersetshire, which had belonged to his deceased cousin, Sir John Fust. The fellows of Trinity Hall
Trinity Hall, Cambridge
Trinity Hall is a constituent college of the University of Cambridge, England. It is the fifth-oldest college of the university, having been founded in 1350 by William Bateman, Bishop of Norwich.- Foundation :...
elected him Master in February 1843; but he never resided there, although he held this appointment, in conjunction with the deanery of the arches, to his decease. His name came very prominently before the public in the Gorham case, Gorham v. the Bishop of Exeter. In this case, which lasted three years, 1847–50, Henry Phillpotts
Henry Phillpotts
Henry Phillpotts , often called "Henry of Exeter", was the Anglican Bishop of Exeter from 1830 to 1869. He was England's longest serving bishop since the 14th century and a striking figure of the 19th century Church.- Early life :...
, charging the clergyman George Cornelius Gorham
George Cornelius Gorham
George Cornelius Gorham born in St Neots, Cambridgeshire was a priest in the Church of England. His legal recourse to being denied a certain post, subsequently taken to a secular court, caused great controversy....
with heresy
Heresy
Heresy is a controversial or novel change to a system of beliefs, especially a religion, that conflicts with established dogma. It is distinct from apostasy, which is the formal denunciation of one's religion, principles or cause, and blasphemy, which is irreverence toward religion...
, refused to institute him to the vicarage of Brampford Speke
Brampford Speke
Brampford Speke is a small village in Devon, 4 miles to the north of Exeter. The population is 307. It is located on red sandstone cliffs overlooking the river Exe. Its sister village of Upton Pyne lies to its southwest, and Stoke Canon is across the river, to the east...
, Devonshire. In the end Gorham was instituted on 7 August 1850, under an order made by the dean of the arches. Fust's decree of 2 August 1849 in this matter was the subject of much debate, and led to the publication of at least 80 pamphlets.
Later life and death
In his latter days he became so infirm that he had to be carried in and out of his court by two footmen. He was an authority on international lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, on which he was consulted by politicians.
Jenner-Fust died at 1 Chesterfield Street, Mayfair
Mayfair
Mayfair is an area of central London, within the City of Westminster.-History:Mayfair is named after the annual fortnight-long May Fair that took place on the site that is Shepherd Market today...
, London, 20 February 1852, and was buried in the family vault at St. Nicholas, Chislehurst, Kent, on 26 February.
Family
He married 14 September 1803 Elizabeth, daughter of Lieutenant-General Francis Lascelles. She was born 30 March 1784, and died at Chislehurst 29 July 1828. Their children included Anne and Charlotte. Anne's son, Charles NepeanCharles Nepean
The Rev. Charles Edward Burroughs Nepean was an English amateur cricketer and footballer who later became a vicar in the Church of England...
was a Middlesex
Middlesex County Cricket Club
Middlesex County Cricket Club is one of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Middlesex. It was announced in February 2009 that Middlesex changed their limited overs name from the Middlesex Crusaders, to the...
county cricketer who also played football, and was on the winning side in the 1874 FA Cup Final.
Jenner-Fust was the grandfather of Henry Jenner
Henry Jenner
Henry Jenner FSA was a British scholar of the Celtic languages, a Cornish cultural activist, and the chief originator of the Cornish language revival....
.
Publications
The names of Fust and of Jenner-Fust are found in print in connection with the following cases:- ‘A Letter to the Archbishop of Canterbury in Refutation of Opinions delivered in the case of Breeks v. Woolfrey respecting Praying for the Dead,’ 1839.
- ‘The Indeterminateness of Unauthorised Baptism occasioned by the Decision in the case of Mastin v. Escott,’ 1841.
- ‘Report of the Trial of Doe on the demise of H. F. Bather, plaintiff, and Brayne and J. Edwards, defendants, with reference to the will of W. Brayne,’ 1848.
- ‘Notices of the late Judgment in the case of Gorham v. the Bishop of Exeter; by J. King,’ 1849.
- ‘The Sacrament of Baptism considered in reference to the Judgment of Sir H. Jenner-Fust; by H. Phillpotts, Bishop of Exeter,’ 1849.
- ‘Gorham, clerk, against the Bishop of Exeter; the Judgment delivered in the Arches Court,’ 1849.
- ‘Review of the Judgment in the case of Gorham v. the Bishop of Exeter; by the Editor of the “Christian Observer,” i.e. William Goode, jun.,’ 1850.
- ‘A Medical Man, Dr. S. Ashwell, obtains a Will from a sick Lady during the absence of her Husband, whom he deprives of 25,000l. Judgment of Sir H. Jenner-Fust,’ 1850.
- ‘Judgment in the Prerogative Court in the cause Cursham v. Williams and Chouler,’ 1851.