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Basil Montagu (24 April 1770 – 27 November 1851) was a British
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Un ...
, barrister, writer and philanthropist. He was educated at Charterhouse and studied law at
Cambridge Cambridge ( ) is a university city and the county town in Cambridgeshire, England. It is located on the River Cam approximately north of London. As of the 2021 United Kingdom census, the population of Cambridge was 145,700. Cambridge beca ...
. He was significantly involved in reforms to bankruptcy laws of Britain. He served as Accountant-General in Bankruptcy between 1835 and 1846. He was highly influenced by the writings of
Francis Bacon Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626), also known as Lord Verulam, was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England. Bacon led the advancement of both ...
. He was the son of
John Montagu, 4th Earl of Sandwich John Montagu, 4th Earl of Sandwich, PC, FRS (13 November 1718 – 30 April 1792) was a British statesman who succeeded his grandfather Edward Montagu, 3rd Earl of Sandwich as the Earl of Sandwich in 1729, at the age of ten. During his life ...
, and his mistress, singer Martha Ray.


Life

He was the second illegitimate son of John Montagu by Martha Ray; he was acknowledged by his father, and brought up at Hinchingbrooke,
Huntingdonshire Huntingdonshire (; abbreviated Hunts) is a non-metropolitan district of Cambridgeshire and a historic county of England. The district council is based in Huntingdon. Other towns include St Ives, Godmanchester, St Neots and Ramsey. The p ...
. He was educated at Charterhouse School and
Christ's College, Cambridge Christ's College is a constituent college of the University of Cambridge. The college includes the Master, the Fellows of the College, and about 450 undergraduate and 170 graduate students. The college was founded by William Byngham in 1437 as ...
, where he matriculated in 1786, graduated B.A. (fifth wrangler) in 1790, and proceeded to obtain an M.A. in 1793. On 30 January 1789 he was admitted as a member of
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wa ...
, but continued to reside at Cambridge until 1795, when, having by a technical loophole lost the portion of inheritance intended for him by his father, he came to London to read for the bar. He was on intimate terms with
Samuel Taylor Coleridge Samuel Taylor Coleridge (; 21 October 177225 July 1834) was an English poet, literary critic, philosopher, and theologian who, with his friend William Wordsworth, was a founder of the Romantic Movement in England and a member of the Lak ...
and
William Wordsworth William Wordsworth (7 April 177023 April 1850) was an English Romantic poet who, with Samuel Taylor Coleridge, helped to launch the Romantic Age in English literature with their joint publication ''Lyrical Ballads'' (1798). Wordsworth's '' ...
, whose early enthusiasm for the ideas of the
French Revolution The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are conside ...
he shared. In the autumn of 1797 he made a tour in the
Midlands The Midlands (also referred to as Central England) are a part of England that broadly correspond to the Mercia, Kingdom of Mercia of the Early Middle Ages, bordered by Wales, Northern England and Southern England. The Midlands were important in ...
counties with William Godwin. He spent a week in Godwin's house in 1797, assisting the distraught Godwin, whose wife
Mary Wollstonecraft Mary Wollstonecraft (, ; 27 April 1759 – 10 September 1797) was a British writer, philosopher, and advocate of women's rights. Until the late 20th century, Wollstonecraft's life, which encompassed several unconventional personal relationsh ...
was dying, following the birth of a daughter. He was called to the bar on 19 May 1798. By Sir James Mackintosh, whose acquaintance he soon afterwards made, and with whom he went the Norfolk circuit, he was converted to political moderation and the study of
Francis Bacon Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626), also known as Lord Verulam, was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England. Bacon led the advancement of both ...
. Montagu was also a friend of Samuel Parr. Montagu never became eminent as a pleader, but he gradually acquired a practice in chancery and bankruptcy; his leisure time he devoted to legal and literary work. Appointed by Lord Erskine, 1806–7, to a commissionership in bankruptcy, Montagu set himself to reform the bankruptcy law. He also founded in 1808 the Society for the Diffusion of Knowledge upon the Punishment of Death, with
William Allen William Allen may refer to: Politicians United States *William Allen (congressman) (1827–1881), United States Representative from Ohio * William Allen (governor) (1803–1879), U.S. Representative, Senator, and 31st Governor of Ohio * Willia ...
. In July 1825 he gave evidence before the chancery commission, and suggested a radical reform. In Trinity term 1835 Montagu was made K.C., and soon afterwards accountant-general in bankruptcy. His tenure of this office, which lasted until 1846, he established the liability of the Bank of England to pay interest on bankruptcy deposits. He was a member of the Athenæum Club, and his town house, 25 Bedford Square, was for many years a centre of reunion for London literary society. He was one of the most attentive listeners to Coleridge's monologues at
Highgate Highgate ( ) is a suburban area of north London at the northeastern corner of Hampstead Heath, north-northwest of Charing Cross. Highgate is one of the most expensive London suburbs in which to live. It has two active conservation organis ...
. He died at
Boulogne-sur-Mer Boulogne-sur-Mer (; pcd, Boulonne-su-Mér; nl, Bonen; la, Gesoriacum or ''Bononia''), often called just Boulogne (, ), is a coastal city in Northern France. It is a sub-prefecture of the department of Pas-de-Calais. Boulogne lies on the Cà ...
on 27 November 1851.


Founder Member of RSPCA

Along with Sir James Mackintosh, Thomas Fowell Buxton,
William Wilberforce William Wilberforce (24 August 175929 July 1833) was a British politician, philanthropist and leader of the movement to abolish the slave trade. A native of Kingston upon Hull, Yorkshire, he began his political career in 1780, eventually bec ...
, Richard Martin MP and the Reverend Arthur Broome, Montagu attended a meeting on 16 June 1824 at Old Slaughter's Coffee House in St. Martin's Lane, London that created the Society for the Prevention of Cruelty to Animals (in 1840 by royal assent from
Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death in 1901. Her reign of 63 years and 216 days was longer than that of any previ ...
it became the
RSPCA The Royal Society for the Prevention of Cruelty to Animals (RSPCA) is a charity operating in England and Wales that promotes animal welfare. The RSPCA is funded primarily by voluntary donations. Founded in 1824, it is the oldest and largest a ...
). Montagu was one of eleven members that formed a sub-committee to "superintend the Publication of Tracts, Sermons, and similar modes of influencing public opinion" about the humane treatment of animals. Montagu was a friend of Revd Broome for many years before the SPCA was founded. In 1815 Broome dedicated his book ''Selections from the Works of Fuller and South, with Life and Character of Fuller'' to Montagu.Broome, ''Selections from the Works of Fuller and South'
(London: Lackington, 1817)


Works

In 1801 Montagu published ''A Summary of the Law of Set Off, with an Appendix of Cases argued and determined in the Courts of Law and Equity upon that subject'', London, on an intricate branch of the law; and between 1805 and 1807 compiled ''A Digest of the Bankrupt Laws, with a Collection of the Cases argued and determined in the Courts of Law and Equity upon that subject'', London, 4 vols. In 1809 he published ''An Enquiry respecting the Expediency of Limiting the Creditor's power to refuse a Bankrupt's Certificate'', London; in 1810 an ''Enquiry respecting the Mode of Issuing Commissions in Bankruptcy'', London, a protest against the practice then in vogue of initiating bankruptcy proceedings by means of secret commissions; and in 1811 ''Enquiries respecting the Administration of Bankrupts' Estates by Assignees'', London. He published in 1809 a volume of selections entitled ''The Opinions of different Authors upon the Punishment of Death'', London; and in subsequent years a variety of pamphlets on the same topic. In 1813 appeared his ''Enquiries respecting the Proposed Alteration of the Law of Copyright as it affects Authors and Universities'', London; in 1815 ''A Digest of the Law of Partnership, with a Collection of Cases decided in the Courts of Law and Equity'', London, 2 vols; and in 1816 ''Enquiries respecting the Insolvent Debtors' Bill, with the Opinions of Dr. Paley, Mr. Burke, and Dr. Johnson upon Imprisonment for Debt'', London. ''A Summary of the Law of Lien'' followed, and ''Suggestions respecting the Improvement of the Bankrupt Laws'' in 1821, London; ''Some Observations upon the Bill for the Improvement of the Bankrupt Laws'' in 1822, London; ''A Summary of the Law of Composition with Creditors'' in 1823, London; and ''A Digest of Pleading in Equity, with Notes of the Cases decided in different Courts of Equity upon that subject'', in 1824, London, 2 vols. In 1825 he exposed the delay and expense involved in the existing bankruptcy procedure in ''Inquiries respecting the Courts of Commissioners of Bankrupts and Lord Chancellor's Court'', London. In 1826 he edited ''The Evidence in Bankruptcy before the Chancery Commission, with the Report'', London; and in 1826–7 published two ''Letters on the Report of the Chancery Commissioners to the Right Honourable Robert Peel'', London. He also published in 1827 ''Observations upon the Act for Consolidating the Bankrupt Laws'', London; ''Reform'', London (a tract mainly relating to bankruptcy); and with Francis Gregg ''A Digest of the Bankrupt Laws as altered by the New Statutes'', London, 2 vols. ''Letters on the Bankrupt Laws to Edward Burtenshaw Sugden, Esq.'' (Sugden was later Lord St. Leonards), followed in 1829; and in 1831 ''The New Bankrupt Court Act, arranged with a copious Index and Observations upon the Erroneous Principle on which it is Founded'', London, 1831. In 1837 Montagu published, with Scrope Ayrton, ''The Law and Practice in Bankruptcy as altered by the New Statutes, Orders, and Decisions'', London, 2 vols.; 2nd edit. 1844. Montagu also published several series of bankruptcy reports: with
John Macarthur John MacArthur or Macarthur may refer to: *J. Roderick MacArthur (1920–1984), American businessman *John MacArthur (American pastor) (born 1939), American evangelical minister, televangelist, and author * John Macarthur (priest), 20th-century pro ...
, London, 1830, 1832; with Scrope Ayrton, 1834–9, 3 vols.; with Richard Bligh, 1835; with Edward Chitty, 1840; with Edward E. Deacon and John De Gex, 1842–5, 3 vols. To the ''
Retrospective Review The ''Retrospective Review'' was an English periodical published from 1820 to 1828. It was founded by Henry Southern, who edited it to 1826, as well as contributing. From 1827 to 1828 Nicholas Harris Nicolas was co-editor with Southern. It conce ...
'' Montagu contributed in 1821 two articles on the '' Novum Organum'' of Francis Bacon, whose ''Works'' he edited, in 16 vols., between 1825 and 1837. He attempted to rehabilitate Bacon's character as a man. Thomas Babington Macaulay criticised Montagu in a celebrated ''Essay'' on Bacon, originally published in the ''
Edinburgh Review The ''Edinburgh Review'' is the title of four distinct intellectual and cultural magazines. The best known, longest-lasting, and most influential of the four was the third, which was published regularly from 1802 to 1929. ''Edinburgh Review'' ...
'' for July 1837. In 1841 Montagu began the publication of ''Letters to the Right Hon. T. B. Macaulay upon the Review of the Life of Lord Bacon''; only the first, however, dealing with Bacon's conduct in Peacham's case, appeared. Montagu's edition was effectively superseded by James Spedding's work from 1860; he was assisted in it by
Francis Wrangham The Venerable Francis Wrangham (11 June 1769 – 27 December 1842) was the Archdeacon of the East Riding. He was a noted author, translator, book collector and abolitionist. Life Wrangham was born on 11 June 1769 at Raysthorpe, near Malton, Yo ...
and William Page Wood, who were responsible for the translations of the Latin treatises. Montagu also published a volume of ''Essays'', mainly reprints, with ''An Outline of a Course of Lectures upon the Conduct of the Understanding'', London, 1824; ''Thoughts on Laughter'', London, 1830; ''Thoughts of Divines and Philosophers'', London, 1832, (a volume of selections); ''Lectures delivered at the Mechanics' Institution upon the connexion between Knowledge and Happiness'', London, 1832; ''Essays and Selections'', London, 1837; and ''Thoughts on the Conduct of the Understanding'', a fragment of an intended major work that he had on hand for thirty years, printed for private circulation, probably in 1847. Montagu published a long series of pamphlets denouncing the death penalty (1811–30), and two on the emancipation of the Jews (1833–34). Other works were: * ''Enquiries and Observations respecting the University Library'', Cambridge, 1805; * ''Selections from the Works of Taylor, Hooker, Hall, and Lord Bacon, with an Analysis of the Advancement of Learning'', London, 1805; * ''An Examination of some Observations upon a passage in Dr. Paley's Moral Philosophy on the Punishment of Death'', London, 1810; * ''Some Enquiries into the Effects of Fermented Liquors'', London, 1814; * ''Some Thoughts upon Liberty, and the Rights of Englishmen'', London, 1819; * ''The Private Tutor, or Thoughts upon the Love of Excelling and the Love of Excellence'', London, 1820; * ''A Letter to the Right Hon. Charles, Lord Cottenham, Lord High Chancellor of Great Britain, on the Separation of the Judicial and Political Functions of the Lord Chancellor'', London, 1836; * ''Knowledge, Error, Prejudice, and Reform'', London, 1836; * ''Rules for the Construction of Statutes, Deeds, and Wills'', London, 1836; * ''Adam in Paradise, or a View of Man in his first State'', London, 1837, a reprint of Robert South's sermon on Gen. i. 27; * ''A Letter addressed to Charles Purton Cooper, Esq., Secretary to the Commissioners on the Public Records upon the Report of the recent Record Committee'', London, 1837; * ''The Law of Parliamentary Elections'' (with W. Johnson Neale), London, 1839; * ''The Funerals of the Quakers'', London, 1840; * ''The Law and Practice upon Election Petitions before Committees of the House of Commons'', London, 1840; * ''Three Lectures on the Works of Lord Bacon'' (unknown date).


Family

Montagu married three times: # On 4 September 1790, Caroline Matilda Want of
Brampton, Huntingdonshire Brampton is a village and civil parish in Cambridgeshire, England, about south-west of Huntingdon. It lies within Huntingdonshire, a non-metropolitan district of Cambridgeshire and a historic county of England. According to the 2011 UK census ...
; # at Glasgow, in 1801, Laura, eldest daughter of Sir William Beaumaris Rush of Roydon, Suffolk, and Wimbledon, Surrey; # the widow of Thomas Skepper, lawyer, of
York York is a cathedral city with Roman Britain, Roman origins, sited at the confluence of the rivers River Ouse, Yorkshire, Ouse and River Foss, Foss in North Yorkshire, England. It is the historic county town of Yorkshire. The city has many hist ...
. He had by his first wife a son Basil Caroline, mentioned in
William Wordsworth William Wordsworth (7 April 177023 April 1850) was an English Romantic poet who, with Samuel Taylor Coleridge, helped to launch the Romantic Age in English literature with their joint publication ''Lyrical Ballads'' (1798). Wordsworth's '' ...
's lines 'To my Sister' and 'Anecdote for Fathers'. By his second wife he had three sons; and two sons and a daughter by his third wife. All his children but two (his daughter and one of his sons by his third wife) died in his lifetime. His third wife, whose maiden name was Benson, was the daughter of a wine merchant of York, and in her youth had known
Robert Burns Robert Burns (25 January 175921 July 1796), also known familiarly as Rabbie Burns, was a Scottish poet and lyricist. He is widely regarded as the national poet of Scotland and is celebrated worldwide. He is the best known of the poets who ha ...
(cf. his complimentary letter to her dated Dumfries, 21 March 1793, in his ''Correspondence''). She in middle age fascinated Edward Irving, who gave her the
sobriquet A sobriquet ( ), or soubriquet, is a nickname, sometimes assumed, but often given by another, that is descriptive. A sobriquet is distinct from a pseudonym, as it is typically a familiar name used in place of a real name, without the need of expl ...
of "the noble lady".'
Thomas Carlyle Thomas Carlyle (4 December 17955 February 1881) was a Scottish essayist, historian and philosopher. A leading writer of the Victorian era, he exerted a profound influence on 19th-century art, literature and philosophy. Born in Ecclefechan, ...
, introduced to her by Irving in 1824, corresponded with her; and during the earlier years of his residence in London was a frequent visitor at 25 Bedford Square. Carlyle was offended by an offer of a clerkship at £200 a year which Montagu made him in 1837. His early letters to her were printed for private circulation by her daughter by her first husband, Mrs Procter, soon after the publication of the 'Reminiscences' (see Bryan Waller Procter). A portrait of Montagu by Opie was lent by Bryan Waller Procter ("Barry Cornwall") to the third Loan Exhibition (No. 183).


References

;Attribution


External links


Biography from the Montague family history
{{DEFAULTSORT:Montagu, Basil 1770 births 1851 deaths People educated at Charterhouse School English barristers Francis Bacon scholars Basil Montagu English philanthropists Younger sons of earls Members of Gray's Inn Alumni of Christ's College, Cambridge 16th-century English lawyers