Sir James Monk (1745 – November 18, 1826) was Chief Justice of

Lower Canada The Province of Lower Canada (french: province du Bas-Canada) was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence (1791–1841). It covered the southern portion of the current Province of Quebec an ...

. Monk played a significant role in the abolition of slavery in British North America, when as Chief Justice he rendered a series of decisions regarding escaped slaves that 'while not technically abolishing slavery rendered it innocuous. The slave could not be compelled to serve longer than he would, and ... might leave his master at will.'

Early life

James Monk was born in 1745 at

Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...

Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...

, and christened at

King's Chapel King's Chapel is an American independent christianity, Christian unitarianism, unitarian congregation affiliated with the Unitarian Universalist Association that is "unitarian Christian in theology, anglicanism, Anglican in worship, and congrega ...

. He was the son of Judge James Monk (1717-1768) of

Halifax, Nova Scotia Halifax is the capital and largest municipality of the Canadian province of Nova Scotia, and the largest municipality in Atlantic Canada. As of the 2021 Census, the municipal population was 439,819, with 348,634 people in its urban area. The ...

and his wife Ann, daughter of Henry Deering of

. Sir James Monk was a grandson of George Monk (b.1666) of Blatchingley, who was one of the three illegitimate sons of

George Monck, 1st Duke of Albemarle George Monck, 1st Duke of Albemarle JP KG PC (6 December 1608 – 3 January 1670) was an English soldier, who fought on both sides during the Wars of the Three Kingdoms. A prominent military figure under the Commonwealth, his support was cru ...

. James was educated in Halifax where his father had settled in 1749. He studied law with his father from 1761 to 1767 and was admitted to the bar in 1768. After his father died leaving the family in debt, Monk took over the family's finances. In 1771, he studied law in

London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...

and on the recommendation of

Lord Hillsborough Wills Hill, 1st Marquess of Downshire, (30 May 1718 – 7 October 1793), known as The 2nd Viscount Hillsborough from 1742 to 1751 and as The 1st Earl of Hillsborough from 1751 to 1789, was a British politician of the Georgian era. Best known ...

he was appointed Solicitor-General of

Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...

in 1772, while continuing his law studies in London. In 1774, he married Ann Elizabeth Adams of

St James's Street St James's Street is the principal street in the district of St James's, central London. It runs from Piccadilly downhill to St James's Palace and Pall Mall. The main gatehouse of the Palace is at the southern end of the road; in the 17th centur ...

, who was said to be 'well connected'.

Return to Nova Scotia

In September, 1774, Monk took up his position as Solicitor-General at Halifax. Enjoying the support of

Lord Dartmouth Earl of Dartmouth is a title in the Peerage of Great Britain. It was created in 1711 for William Legge, 1st Earl of Dartmouth, William Legge, 2nd Baron Dartmouth. History The Legge family descended from Edward Legge, Vice-President of Munster. ...

, he quickly won the support of Governor

Francis Legge Francis Legge (c.1719-15 May 1783), was a British military officer and colonial official in Nova Scotia during the 18th century. He served as Governor of Nova Scotia from 1772 to 1776. During the American Revolution, Legge raised the Royal Nova ...

and by December was acting Attorney-General in the place of William Nesbitt. In 1775, he was elected to the

Nova Scotia House of Assembly The Nova Scotia House of Assembly (french: Assemblée législative de la Nouvelle-Écosse; gd, Taigh Seanaidh Alba Nuadh), or Legislative Assembly, is the deliberative assembly of the General Assembly of Nova Scotia of the province of Nova Scotia ...

for

Yarmouth Township Central Elgin is a township located in Southwestern Ontario, Canada in Elgin County on Lake Erie. It is part of the London census metropolitan area. History Central Elgin was formed in 1998 through the amalgamation of the Township of Yarmouth w ...

, taking his seat June 15, 1775, but his seat was declared vacant June 28, 1776 for non-attendance. During the

American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...

he took an active part in anti-revolutionary activity in

Career at Quebec

Neither of Monk's posts were salaried, and as the executor of Governor

's policies Monk was unpopular in with Nova Scotian officials. This led to

George Germain, 1st Viscount Sackville George Germain, 1st Viscount Sackville, PC (26 January 1716 – 26 August 1785), styled The Honourable George Sackville until 1720, Lord George Sackville from 1720 to 1770 and Lord George Germain from 1770 to 1782, was a British soldier and p ...

, appointing Monk Attorney-General of

in 1776. This move did not make things easier for Monk as Germain had placed him over Governor

Guy Carleton, 1st Baron Dorchester Guy Carleton, 1st Baron Dorchester (3 September 1724 – 10 November 1808), known between 1776 and 1786 as Sir Guy Carleton, was an Anglo-Irish soldier and administrator. He twice served as Governor of the Province of Quebec, from 1768 to 177 ...

's choice, William Grant, affecting the lucrative private practice that Carleton enjoyed with Quebec's merchants. Monk was kept out of Carleton's inner circle, but his friendship with Chief Justice

Peter Livius Peter Livius (12 July 1739 – 23 July 1795) was a Portuguese-born lawyer who became the Chief Justice of Quebec. He was born in Lisbon, Portugal, the sixth child of Peter Livius, a German from Hamburg and was sent to school in England by his ...

led to his appointment in 1778 to Judge of the Vice-Admiralty Court, a position he held for ten years. Monk had avoided open conflict with Governor Carleton, but this did not last with Carleton's successor, Sir

Frederick Haldimand Sir Frederick Haldimand, KB (11 August 1718 – 5 June 1791) was a military officer best known for his service in the British Army in North America during the Seven Years' War and the American Revolutionary War. From 1778 to 1786, he serve ...

who objected to Monk's opposition between policy and legality. Haldimand resurrected the dormant post of Solicitor-General to avoid having to call on Monk. In 1784, Monk lamented to his wife, "If I act with Law & Constitution legal & political I am to be . . . ruined by a Governor – If I act against them I surely shall be ruined by Ministry who will screen their Gov` under . . . my disgrace!" Ironically, in 1786 Monk was saved by Governor Carleton who had returned to succeed Haldimand. He now acted in a private capacity as the attorney to Quebec's merchants and forcefully opposed a bill, sponsored by the French Party, that had been passed by the

Council for the Affairs of the Province of Quebec The Council for the Affairs of the Province of Quebec, more commonly called the Legislative Council of Quebec (but not to be confused with the later institution with that same name), was an advisory body constituted by section XII of the ''Quebec ...

to extend the use of French civil law in the province, which in Lord Dorchester’s words was "granting by favor to one what they refused to another."

Career

Monk served as solicitor general of Nova Scotia and was appointed attorney general of Quebec in 1776 serving until 1789 and then again from 1792 to 1794. In 1794 he was appointed Chief Justice of the

King's Bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of commo ...

of Montreal. During his career Monk also served on Executive and Legislative Councils and Nova Scotia's Legislative Assembly. Monk was

knighted A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...

in 1825 and in 1826, he would die at his home in

Cheltenham Cheltenham (), also known as Cheltenham Spa, is a spa town and borough on the edge of the Cotswolds in the county of Gloucestershire, England. Cheltenham became known as a health and holiday spa town resort, following the discovery of mineral s ...

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

at the age of 81. Monkland Avenue in

Montreal Montreal ( ; officially Montréal, ) is the List of the largest municipalities in Canada by population, second-most populous city in Canada and List of towns in Quebec, most populous city in the Provinces and territories of Canada, Canadian ...

is named for him. The Monk Metro Station and the are named for the Monk family, especially

Frederick D. Monk Frederick Debartzch Monk, (April 6, 1856 – May 15, 1914) was a Canadian lawyer and politician. Born in Montreal, Quebec, Monk was the son of The Hon. Mr Justice Samuel Cornwallis Monk (1814–1888) and Rosalie Caroline Debartzch (1819– ...

, an attorney who along with purchased land belonging to the Davidson family in order to develop it, the area became Ville Émard.

Namesakes

The Monk Metro Station in

is named for him, as is Monkland Avenue. The home he built in 1804, Monklands, still stands today as the central building of the Villa Maria School,

References

External links

* * * {{DEFAULTSORT:Monk, James 1745 births 1826 deaths Canadian Knights Bachelor Lawyers from Boston Attorneys-General of Lower Canada Chief justices of Lower Canada