John Churchill (died 1685)
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Sir John Churchill (c.1620–1685),
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
, was a 17th-century English lawyer and attorney-general. He was the son of Jasper Churchill of London, and grandson of Jasper Churchill of
Bradford Bradford is a city and the administrative centre of the City of Bradford district in West Yorkshire, England. The city is in the Pennines' eastern foothills on the banks of the Bradford Beck. Bradford had a population of 349,561 at the 2011 ...
,
Somerset ( en, All The People of Somerset) , locator_map = , coordinates = , region = South West England , established_date = Ancient , established_by = , preceded_by = , origin = , lord_lieutenant_office =Lord Lieutenant of Somerset , lord_ ...
, the great-grandfather of
John Churchill, 1st Duke of Marlborough General John Churchill, 1st Duke of Marlborough, 1st Prince of Mindelheim, 1st Count of Nellenburg, Prince of the Holy Roman Empire, (26 May 1650 – 16 June 1722 O.S.) was an English soldier and statesman whose career spanned the reign ...
. He should not be confused with his uncle
John Churchill General John Churchill, 1st Duke of Marlborough, 1st Prince of Mindelheim, 1st Count of Nellenburg, Prince of the Holy Roman Empire, (26 May 1650 – 16 June 1722 O.S.) was an English soldier and statesman whose career spanned the reign ...
.


Biography

He was admitted a student of
Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...
on 15 March 1639, and, having been
called 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 "call to ...
in 1647, practised in the
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 a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
, where he acquired an extensive business. Roger North relates that he 'heard Sir John Churchill, a famous chancery practiser, say, that in his walk from Lincoln's Inn down to the Temple Hall, where (in the Lord Keeper Bridgman's time) causes and motions (out of term) were heard, he had taken with breviates, only for motions and defences for hastening and retarding hearings'. It is to the credit of the
Lord Keeper The Lord Keeper of the Great Seal of England, and later of Great Britain, was formerly an officer of the English Crown charged with physical custody of the Great Seal of England. This position evolved into that of one of the Great Officers of Sta ...
Guilford Guildford is a town in Surrey, England. It gives its name to the Borough of Guildford, the Diocese of Guildford and the Parliamentary constituency of Guildford. Guildford, Guilford, or Gildford may also refer to: Places Australia * Guildfor ...
that he afterwards lopped off this 'limb of the motion practice.' Churchill was knighted on 16 August 1670, and appointed autumn
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at Lincoln's Inn in the same year. About 1674 he was created a king's counsel and made attorney-general to the
Duke of York Duke of York is a title of nobility in the Peerage of the United Kingdom. Since the 15th century, it has, when granted, usually been given to the second son of English (later British) monarchs. The equivalent title in the Scottish peerage was Du ...
. In May 1675 he was appointed by the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
senior counsel for Sir Nicholas Crispe on his appeal from a chancery decree in favour of Thomas Dalmahoy, a member of the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
. This was considered a breach of privilege by the commons, being in contravention of the resolution which it had recently passed, to the effect that ‘whosoever shall appear at the bar of the House of Lords, to prosecute any suit against any member of this house, shall be deemed a breaker and infringer of the rights and privileges of this house.’ On 1 June 1675 Churchill and the three other counsel who had appeared on behalf of Crispe were, by the order of the House of Commons, taken into custody by the serjeant-at-arms. After they had been released by the order of the House of Lords, it was resolved by the House of Commons on the 4th, by 152 to 147, that Sir John Churchill ‘should be sent to the
Tower A tower is a tall Nonbuilding structure, structure, taller than it is wide, often by a significant factor. Towers are distinguished from guyed mast, masts by their lack of guy-wires and are therefore, along with tall buildings, self-supporting ...
for his breach of privilege and contempt of the authority of this house,’ whereupon he was seized by the
serjeant-at-arms A serjeant-at-arms, or sergeant-at-arms, is an officer appointed by a deliberative body, usually a legislature, to keep order during its meetings. The word "serjeant" is derived from the Latin ''serviens'', which means "servant". Historically, s ...
while within the bar of the court of chancery, and committed to the Tower. The quarrel between the two houses was at length put an end to by the prorogation of parliament by the king on 9 June, when Churchill was immediately released. In 1683 he was chosen
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of
Bristol Bristol () is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in ...
, in the room of Sir Thomas Atkins,Luttrell, 1857, i. 254 and on 12 Jan. 1685 he succeeded
Sir Harbottle Grimston ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as ...
as Master of the Rolls. In March 1685 he was elected member for
Bristol Bristol () is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in ...
, and he died during the succeeding summer vacation. He was buried on 11 October 1685 at
Churchill, Somerset Churchill is a village and civil parish in the unitary authority of North Somerset, part of the ceremonial county of Somerset. It is located on the western edge of the Mendip Hills, about east of Weston-super-Mare, and about southwest of Br ...
.


Personal life

He married Susan, daughter of Edmund Prideaux, by whom he left four daughters. The manor of Churchill in Somerset, which he purchased from Richard Jennyns, was sold soon after his death for the payment of his debts.


References

{{DEFAULTSORT:Churchill, John Masters of the Rolls 1685 deaths English MPs 1685–1687 Members of Lincoln's Inn Year of birth uncertain Knights Bachelor