Thomas Pengelly (judge)
Encyclopedia
Sir Thomas Pengelly was a British
judge
of the 18th century, one of two Members of Parliament
for Cockermouth
, serving from 1722 to 1727, and Chief Baron of the Exchequer in 1726.
in 1675, Thomas Pengelly was the son of Thomas Pengelly
, a prosperous London-based merchant with extensive properties in the East End of London
, Finchley
in Middlesex
and Cheshunt
in Hertfordshire
, and Rachel, the daughter of Lieutenant-Colonel Jeremy Baines, a Parliamentary Officer
during the Civil War
.
By 1683 the family's home in Finchley
had provided lodgings
for the former Protector
Richard Cromwell
after the Restoration of the Monarchy. On the death of Thomas Pengelly Senior in 1696, Cromwell continued to lodge with Mrs Pengelly, moving with her to her property in Cheshunt in Hertfordshire in 1700, and remaining there until his own death in 1712. This arrangement created a rumour that the younger Thomas Pengelly was Richard Cromwell's illegitimate son.
’s office in London in 1691 aged 16, and was admitted to the Inner Temple
in 1692. He was Called to the Bar
on 24 November 1700, and in 1710 he was created a Serjeant-at-law
. By 1720 he was regarded as one of the leading Advocates practising in Westminster Hall where he was widely known as an authority in Corporate law
. By 1717 Pengelly had become the foremost legal adviser to the Duke of Somerset
, and during the 1720s he was also legal adviser to the Duchess of Marlborough when she became involved in court cases concerning the Blenheim estate
, which she had inherited from her father, the first Duke of Marlborough
. On 1 May 1719 Pengelly was knight
ed and appointed Prime Serjeant to King George I
. As Prime Serjeant he was involved in the trial of the Jacobite
Christopher Layer for high treason
in early 1722..
Pengelly was elected the Member of Parliament
for Cockermouth
in 1722. During his five years in Parliament he was involved in various legal matters, including pursuing the directors of the South Sea Company who had caused financial ruin for many when the Company crashed through their corruption. In 1725 he was involved in the impeachment of the Lord Chancellor
, Lord Macclesfield
, who had sold positions to several Masters of Chancery
and who, in an attempt to regain the high cost of the bribes required to buy their offices, had subsequently invested and lost their clients' money in the South Sea Bubble crash. In 1726 he was also involved in the expulsion from the House of Commons
of John Ward, whom he had prosecuted for defrauding the Duke of Buckingham
.
On 16 October 1726 he was appointed as Lord Chief Baron of the Exchequer.
He died unmarried and childless at Blandford in Dorset
on 14 April 1730, and was buried in the Temple Church
on 29 April. In his will he left £2890 for the discharge of poor prisoners on the Western Circuit and in London.
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the 18th century, one of two Members of Parliament
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,...
for Cockermouth
Cockermouth
-History:The Romans created a fort at Derventio, now the adjoining village of Papcastle, to protect the river crossing, which had become located on a major route for troops heading towards Hadrian's Wall....
, serving from 1722 to 1727, and Chief Baron of the Exchequer in 1726.
Early years
Born in the family's property at MoorfieldsMoorfields
In London, the Moorfields were one of the last pieces of open land in the City of London, near the Moorgate. The fields were divided into three areas, the Moorfields proper, just north of Bethlem Hospital, and inside the City boundaries, and Middle and Upper Moorfields to the north.After the Great...
in 1675, Thomas Pengelly was the son of Thomas Pengelly
Thomas Pengelly (merchant)
Thomas Pengelly was a wealthy British merchant of the 17th century who traded with the Eastern Mediterranean and the Atlantic Seaboard...
, a prosperous London-based merchant with extensive properties in the East End of London
East End of London
The East End of London, also known simply as the East End, is the area of London, England, United Kingdom, east of the medieval walled City of London and north of the River Thames. Although not defined by universally accepted formal boundaries, the River Lea can be considered another boundary...
, Finchley
Finchley
Finchley is a district in Barnet in north London, England. Finchley is on high ground, about north of Charing Cross. It formed an ancient parish in the county of Middlesex, becoming a municipal borough in 1933, and has formed part of Greater London since 1965...
in Middlesex
Middlesex
Middlesex is one of the historic counties of England and the second smallest by area. The low-lying county contained the wealthy and politically independent City of London on its southern boundary and was dominated by it from a very early time...
and Cheshunt
Cheshunt
Cheshunt is a town in Hertfordshire, England with a population of around 52,000 according to the United Kingdom's 2001 Census. It is a dormitory town and part of the Greater London Urban Area and London commuter belt served by Cheshunt railway station...
in Hertfordshire
Hertfordshire
Hertfordshire is a ceremonial and non-metropolitan county in the East region of England. The county town is Hertford.The county is one of the Home Counties and lies inland, bordered by Greater London , Buckinghamshire , Bedfordshire , Cambridgeshire and...
, and Rachel, the daughter of Lieutenant-Colonel Jeremy Baines, a Parliamentary Officer
Roundhead
"Roundhead" was the nickname given to the supporters of the Parliament during the English Civil War. Also known as Parliamentarians, they fought against King Charles I and his supporters, the Cavaliers , who claimed absolute power and the divine right of kings...
during the Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
.
By 1683 the family's home in Finchley
Finchley
Finchley is a district in Barnet in north London, England. Finchley is on high ground, about north of Charing Cross. It formed an ancient parish in the county of Middlesex, becoming a municipal borough in 1933, and has formed part of Greater London since 1965...
had provided lodgings
Lodger
Lodger may refer to:* Lodger , a 1979 art rock album by David Bowie* Lodger , a Finnish indie rock band* Lodger , a short-lived supergroup comprising members of Powder, Supergrass, and Delicatessen...
for the former Protector
The Protectorate
In British history, the Protectorate was the period 1653–1659 during which the Commonwealth of England was governed by a Lord Protector.-Background:...
Richard Cromwell
Richard Cromwell
At the same time, the officers of the New Model Army became increasingly wary about the government's commitment to the military cause. The fact that Richard Cromwell lacked military credentials grated with men who had fought on the battlefields of the English Civil War to secure their nation's...
after the Restoration of the Monarchy. On the death of Thomas Pengelly Senior in 1696, Cromwell continued to lodge with Mrs Pengelly, moving with her to her property in Cheshunt in Hertfordshire in 1700, and remaining there until his own death in 1712. This arrangement created a rumour that the younger Thomas Pengelly was Richard Cromwell's illegitimate son.
Legal and political career
A gifted scholar, Pengelly was apprenticed as a clerk in an Attorney at LawAttorney at law
An attorney at law in the United States is a practitioner in a court of law who is legally qualified to prosecute and defend actions in such court on the retainer of clients. Alternative terms include counselor and lawyer...
’s office in London in 1691 aged 16, and was admitted to 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...
in 1692. He was Called to the Bar
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
on 24 November 1700, and in 1710 he was created a Serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
. By 1720 he was regarded as one of the leading Advocates practising in Westminster Hall where he was widely known as an authority in Corporate law
Corporate law
Corporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Corporate law is a part of a broader companies law...
. By 1717 Pengelly had become the foremost legal adviser to the Duke of Somerset
Charles Seymour, 6th Duke of Somerset
Charles Seymour, 6th Duke of Somerset , sometimes referred to as the "Proud Duke". The son of Charles Seymour, 2nd Baron Seymour of Trowbridge, and Elizabeth Alington , he succeeded his brother Francis Seymour, 5th Duke of Somerset, to the dukedom when the latter was shot in 1678...
, and during the 1720s he was also legal adviser to the Duchess of Marlborough when she became involved in court cases concerning the Blenheim estate
Blenheim Palace
Blenheim Palace is a monumental country house situated in Woodstock, Oxfordshire, England, residence of the dukes of Marlborough. It is the only non-royal non-episcopal country house in England to hold the title of palace. The palace, one of England's largest houses, was built between...
, which she had inherited from her father, the first Duke of Marlborough
John Churchill, 1st Duke of Marlborough
John Churchill, 1st Duke of Marlborough, Prince of Mindelheim, KG, PC , was an English soldier and statesman whose career spanned the reigns of five monarchs through the late 17th and early 18th centuries...
. On 1 May 1719 Pengelly was knight
Knight
A knight was a member of a class of lower nobility in the High Middle Ages.By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior....
ed and appointed Prime Serjeant to King George I
George I of Great Britain
George I was King of Great Britain and Ireland from 1 August 1714 until his death, and ruler of the Duchy and Electorate of Brunswick-Lüneburg in the Holy Roman Empire from 1698....
. As Prime Serjeant he was involved in the trial of the Jacobite
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...
Christopher Layer for high treason
High treason in the United Kingdom
Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; having sexual intercourse with the sovereign's consort, with his eldest unmarried daughter, or with the wife of the heir to the...
in early 1722..
Pengelly was elected the Member of Parliament
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,...
for Cockermouth
Cockermouth
-History:The Romans created a fort at Derventio, now the adjoining village of Papcastle, to protect the river crossing, which had become located on a major route for troops heading towards Hadrian's Wall....
in 1722. During his five years in Parliament he was involved in various legal matters, including pursuing the directors of the South Sea Company who had caused financial ruin for many when the Company crashed through their corruption. In 1725 he was involved in the impeachment of the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, Lord Macclesfield
Thomas Parker, 1st Earl of Macclesfield
Thomas Parker, 1st Earl of Macclesfield PC, FRS was an English Whig politician.-Youth and early career:He was born in Staffordshire, the son of Thomas Parker, an attorney at Leek. He was educated at Adams' Grammar School and Trinity College, Cambridge...
, who had sold positions to several Masters of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
and who, in an attempt to regain the high cost of the bribes required to buy their offices, had subsequently invested and lost their clients' money in the South Sea Bubble crash. In 1726 he was also involved in the expulsion from the House of Commons
House of Commons of Great Britain
The House of Commons of Great Britain was the lower house of the Parliament of Great Britain between 1707 and 1801. In 1707, as a result of the Acts of Union of that year, it replaced the House of Commons of England and the third estate of the Parliament of Scotland, as one of the most significant...
of John Ward, whom he had prosecuted for defrauding the Duke of Buckingham
Edmund Sheffield, 2nd Duke of Buckingham and Normanby
Edmund Sheffield, 2nd Duke of Buckingham and Normanby was an English nobleman, styled Marquess of Normanby from 1716 to 1721....
.
On 16 October 1726 he was appointed as Lord Chief Baron of the Exchequer.
He died unmarried and childless at Blandford in Dorset
Dorset
Dorset , is a county in South West England on the English Channel coast. The county town is Dorchester which is situated in the south. The Hampshire towns of Bournemouth and Christchurch joined the county with the reorganisation of local government in 1974...
on 14 April 1730, and was buried in the Temple Church
Temple Church
The Temple Church is a late-12th-century church in London located between Fleet Street and the River Thames, built for and by the Knights Templar as their English headquarters. In modern times, two Inns of Court both use the church. It is famous for its effigy tombs and for being a round church...
on 29 April. In his will he left £2890 for the discharge of poor prisoners on the Western Circuit and in London.