Samuel Romilly
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Sir Samuel Romilly (1 March 1757 – 2 November 1818), was a British lawyer, politician and legal reformer. From a background in the commercial world, he became well-connected, and rose to public office and a prominent position in Parliament. After an early interest in radical politics, he built a career in
chancery Chancery may refer to: Offices and administration * Chancery (diplomacy), the principal office that houses a diplomatic mission or an embassy * Chancery (medieval office), responsible for the production of official documents * Chancery (Scotlan ...
cases, and then turned to amelioration of the British criminal law.


Early life

Romilly was born in
Frith Street Frith Street is in the Soho area of London. To the north is Soho Square and to the south is Shaftesbury Avenue. The street crosses Old Compton Street, Bateman Street and Romilly Street. History Frith Street was laid out in the late 1670s an ...
,
Soho Soho is an area of the City of Westminster, part of the West End of London. Originally a fashionable district for the aristocracy, it has been one of the main entertainment districts in the capital since the 19th century. The area was develo ...
,
London London is the capital and List of urban areas in the United Kingdom, 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 dow ...
, the second son of Peter Romilly, a watchmaker and jeweller, and his wife Margaret Garnault, daughter of Aimé Garnault, another jeweller. He was largely self-educated. Romilly had Sir Samuel Fludyer, 1st Baronet as godfather and first cousin once removed, and prospects for entering his business; but Sir Samuel died in 1768, followed by his brother Sir Thomas in 1769, and the opportunity fell away . He served for a time in his father's shop. He became a good classical scholar, and was conversant with French literature. The family was
Huguenot The Huguenots ( , also , ) were a religious group of French Protestants who held to the Reformed, or Calvinist, tradition of Protestantism. The term, which may be derived from the name of a Swiss political leader, the Genevan burgomaster Bez ...
, and spoke French at home. They attended the French Protestant Chapel in Soho, where John (Jean) Roget from
Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaking part of Switzerland. Situ ...
was pastor. Roget introduced Romilly to the works of
Jean Jacques Rousseau Jean-Jacques Rousseau (, ; 28 June 1712 – 2 July 1778) was a Genevan philosopher, writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment throughout Europe, as well as aspects of the French Revol ...
, and he became a follower. Romilly was articled in 1773 to William Michael Lally, a chancery solicitor. Lally worked in the Six Clerks office of 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 ...
. Romilly after five years turned down the possibility of purchasing his post there.


Legal career

In 1778 Romilly decided on a career as barrister, and entered
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 ...
. He was a pupil of Jeffries Spranger, an equity draughtsman. Called to the bar in 1783, he went the Midland circuit, but was mostly occupied with chancery practice. His practice at the chancery bar grew, and in 1800 he was made a
King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
. In 1805 he was appointed chancellor of the county palatine of Durham.


Travels and associations, radical period


First continental tour

In the legal vacation of 1781, Romilly made a tour in
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan ar ...
and Switzerland. He had the family connection with
Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaking part of Switzerland. Situ ...
, through John Roget, now his brother-in-law. Roget, who died in 1783, moved back there for his health, and Romilly brought out the young Peter Mark Roget to be reunited with his parents. In Geneva Romilly also met Pierre Étienne Louis Dumont. Staying for a period with David Chauvet, one of the progressive group of local politicians, Romilly met also the like-minded Etienne Clavière, Jacques-Antoine Douveray and Etienne Reybaz. A friend from the Paris leg of this visit was Marguerite Madeleine Delessert (1767–1839), later Madame Gautier. She had had Rousseau as a family friend, her mother being Madeleine Catherine Boy de La Tour who married Etienne Delessert (1735–1816). She became the wife of the Genevan banker Jean-Antoine Gautier (1756–1800), who moved to Paris. Romilly stayed at the Delessert home in Passy.


Second continental tour

In 1783, immediately after being called to the bar, Romilly made a second tour. This time he was accompanied in France by John Baynes, and met
Benjamin Franklin Benjamin Franklin ( April 17, 1790) was an American polymath who was active as a writer, scientist, inventor An invention is a unique or novel device, method, composition, idea or process. An invention may be an improvement upon a m ...
at Passy, to whom Baynes had an introduction from John Jebb. In
Lausanne Lausanne ( , , , ) ; it, Losanna; rm, Losanna. is the capital and largest city of the Swiss French speaking canton of Vaud. It is a hilly city situated on the shores of Lake Geneva, about halfway between the Jura Mountains and the Alps, and fac ...
he met the Abbé Raynal. In the meantime, the failed Geneva Revolution of 1782 had occurred. Romilly was introduced in 1784 to Honoré Mirabeau, by the Genevan writer
François d'Ivernois François () is a French masculine given name and surname, equivalent to the English name Francis. People with the given name * Francis I of France, King of France (), known as "the Father and Restorer of Letters" * Francis II of France, King o ...
, as his ''Memoirs'' state; Halevy says it was through Thomas Brand Hollis. D'Ivernois and Dumont formed part of the group of the revolution's leaders who by then were exiles in London. Mirabeau saw him daily for a long time.


Bowood circle

The Marquess of Lansdowne, to 1784
William Petty, 2nd Earl of Shelburne William Petty Fitzmaurice, 1st Marquess of Lansdowne, (2 May 17377 May 1805; known as the Earl of Shelburne between 1761 and 1784, by which title he is generally known to history), was an Irish-born British Whig statesman who was the firs ...
and Prime Minister in 1782–3, invited Romilly to Bowood House, around 1784–5. He had heard Romilly's name from Mirabeau, had read the pamphlet ''A Fragment on the Constitutional Power and Duty of Juries upon Trials for Libels'' by Romilly, and was interested in Dumont. In what has been called the
Bowood circle The Bowood circle was a loose, international group of intellectual figures and writers of the later 18th century drawn together around Lord Shelburne, Prime Minister of Great Britain in the 1780s, and named after his residence Bowood House. They had ...
,
Jeremy Bentham Jeremy Bentham (; 15 February 1748 O.S. 4 February 1747">Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747ref name="Johnson2012" /> – 6 June 1832) was an English philosopher, jurist, an ...
, with whom Romilly was acquainted, became a friend, and he had much to do with Benjamin Vaughan, another friend.


French Revolution and its era

In 1789 Romilly visited
Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. ...
, and studied the course 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 ...
there, also visiting the dungeon at
Vincennes Vincennes (, ) is a commune in the Val-de-Marne department in the eastern suburbs of Paris, France. It is located from the centre of Paris. It is next to but does not include the Château de Vincennes and Bois de Vincennes, which are attach ...
where Mirabeau had been confined. When Mirabeau became a political leader, it was to Romilly that he applied for an account of the procedure used in the House of Commons of Great Britain. He left France with less optimism about the politics of the Revolution. Romilly's abilities were recognized by the Whig party. The Marquess of Lansdowne offered him in 1792 the parliamentary seat of , which Romilly turned down. In July 1793 he defended Birmingham booksellers who had sold
Tom Paine Thomas Paine (born Thomas Pain; – In the contemporary record as noted by Conway, Paine's birth date is given as January 29, 1736–37. Common practice was to use a dash or a slash to separate the old-style year from the new-style year. In th ...
's works, despite thinking Paine was lacking in arguments; and in August of that year attended the sedition trial of Thomas Muir, which he regarded as shocking. By the end of 1793 Romilly had concluded that French revolutionary politics amounted to "barbarism". He explained in 1794 to his correspondent Madame Gautier that "public events" had brought about his change of views. In August 1797 he secured the acquittal of the radical John Binns. During the Peace of Amiens, Romilly was in Paris. He visited the
Palais Bourbon The Palais Bourbon () is the meeting place of the National Assembly, the lower legislative chamber of the French Parliament. It is located in the 7th arrondissement of Paris, on the '' Rive Gauche'' of the Seine, across from the Place de la Co ...
, where the Legislative Assembly met, with Bentham.


Political career

In 1806, on the accession of the Ministry of All the Talents to office, Romilly was offered the post of Solicitor General, although he had never sat in the House of Commons. He accepted, was
knight 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 church or the country, especially in a military capacity. Knighthood finds origins in the G ...
ed, and was brought into parliament for Queenborough. He went out of office with the government, but remained in the House of Commons, sitting successively for
Horsham Horsham is a market town on the upper reaches of the River Arun on the fringe of the Weald in West Sussex, England. The town is south south-west of London, north-west of Brighton and north-east of the county town of Chichester. Nearby ...
, Wareham and Arundel. Romilly's reforming efforts made his reputation. In 1818, he was returned at the head of the poll for the
city of Westminster The City of Westminster is a city and borough in Inner London. It is the site of the United Kingdom's Houses of Parliament and much of the British government. It occupies a large area of central Greater London, including most of the West En ...
. He had not much longer to live.


Abolitionist

Romilly was a vocal opponent of the
slave trade Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
. His interest came early in life, by the time of his meeting in 1783 with the Abbé Raynal, whose '' Histoire des deux Indes'' he had read. He gave his support to
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 ...
's abolition campaign. During the parliamentary debate on the Slave Trade Bill, Romilly paid tribute to Wilberforce, saying that his leadership had "preserved so many millions of his fellow creatures." As he concluded his remarks, Romilly was greeted with a standing ovation by other Members of Parliament, a reaction that very rarely occurred in 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. ...
. Wilberforce himself sat with his head in his hands, tears streaming down his face.


Legal reformer

Romilly worked to reform the criminal law, under the influence of what is now called
Classical criminology In criminology, the ''classical school'' usually refers to the 18th-century work during the Enlightenment by the utilitarian and social-contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of criminal ju ...
. He spent a dozen years of his life on the passage through Parliament of legislative reforms. He argued against the attitudes to punishments of Martin Madan and
William Paley William Paley (July 174325 May 1805) was an English clergyman, Christian apologist, philosopher, and utilitarian. He is best known for his natural theology exposition of the teleological argument for the existence of God in his work ''Natur ...
. The so-called Bloody Code of justice was, in his view, something that required reform, while, as he stated in his ''Memoirs'', one effect of the French Revolution was to lessen the chances of Parliament passing the necessary legislation. The tide of opinion, however, was beginning to turn. In 1808, Romilly managed to repeal the Elizabethan statute which made it a capital offence to steal from the person. Successful prosecutions of pickpockets then rose. Charles Williams-Wynn, on the other hand, saw Romilly's background in
equity law Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a ca ...
, and discrete bills, as inadequate. In 1809, three bills for repealing draconian statutes were thrown out by the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster ...
under the influence of Lord Ellenborough. Romilly saw further bills rejected; but in March 1812 he had repealed a statute of Elizabeth I making it a capital offence for a soldier or a mariner to beg without a pass from a magistrate or his commanding officer. In 1813 John William Ward found the approach too "philosophical". Romilly failed to pass a law which would have abolished
corruption of blood In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditary ...
for all crimes, but in the following year he tried again and succeeded (except for treason and murder). Also in 1814 he succeeded in abolishing
hanging, drawing and quartering To be hanged, drawn and quartered became a statutory penalty for men convicted of high treason in the Kingdom of England from 1352 under King Edward III (1327–1377), although similar rituals are recorded during the reign of King Henry I ...
. Seeing a connection, Romilly also advocated
prison reform Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are impacted by crim ...
in 1811. Here, however, reform in the direction proposed by Jeremy Bentham was thwarted.


Works

*''A Fragment on the Constitutional Power and Duty of Juries upon Trials for Libels'' (1784) on juries and the ''
Case of the Dean of St Asaph The Case of the Dean of St Asaph, formally ''R v Shipley'', was the 1784 trial of William Davies Shipley, the Dean of St Asaph, for seditious libel. In the aftermath of the American War of Independence, electoral reform had become a substanti ...
'', anonymous publication by the Society for Constitutional Information. *''Observations on a Late Publication Intituled, Thoughts on Executive Justice'' (1786), influenced by Cesare Beccaria, was a reply to Martin Madan's ''Thoughts on Executive Justice'', advocating the increase of
capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
s. *''Thoughts on the Probable Influence of the Late Revolution in France upon Great Britain'' (1790). *''Letters containing an Account of the late Revolution in France, and Observations on the Laws, Manners, and Institutions of the English; written during the author's residence at Paris and Versailles in the years 1789 and 1790; translated from the German of Henry Frederic Groenvelt'' (1792), translation from the French of letters of Etienne Dumont, with some of Romilly's own letters (assistance from James Scarlett), containing criticism of British politics from a republican angle.


Death

On 29 October 1818 Lady Romilly died in the
Isle of Wight The Isle of Wight ( ) is a Counties of England, county in the English Channel, off the coast of Hampshire, from which it is separated by the Solent. It is the List of islands of England#Largest islands, largest and List of islands of England#Mo ...
. A few days later, on 2 November 1818, Romilly cut his throat, and died in a few minutes, in his house on Russell Square in London. His nephew Peter Mark Roget attended him in his final moments. His last words were written: ''My dear, I wish'' ... presumably regarding his late wife. Romilly was buried on 11 November 1818 at the parish church of St Michael and All Angels,
Knill, Herefordshire Knill is a village and civil parish in Herefordshire, England. Recorded in the Domesday Book of 1086 as ''Chenille'' (from the Old English meaning 'Place by the hillock'), the small village of Knill is just inside the Herefordshire border with ...
, with his wife Ann.


Family

Romilly married Anne Garbett, daughter of Francis Garbett, of Knill Court,
Herefordshire Herefordshire () is a county in the West Midlands of England, governed by Herefordshire Council. It is bordered by Shropshire to the north, Worcestershire to the east, Gloucestershire to the south-east, and the Welsh counties of Monmouthshire ...
, in 1798. They had met at Bowood House, and Francis Garbett had worked for Lord Shelburne as his secretary. They had six sons and a daughter: * Sophia Romilly (d. 9 Oct 1879). She married the Rt. Hon. Thomas Francis Kennedy, Member of Parliament for
Ayr Burghs Ayr Burghs was a district of burghs constituency of the House of Commons of Great Britain, House of Commons of the Parliament of Great Britain from 1708 to 1800 and of the House of Commons of the United Kingdom, House of Commons of the Parliamen ...
and grandson of John Adam. * William Romilly (1798 - 3 Oct 1855) * John Romilly, 1st Baron Romilly (10 Jan 1802 - 23 Dec 1874). * Edward Romilly (1804 - 12 Oct 1870). He married Sophia Marcet, daughter of Swiss chemist Alexander John Gaspard Marcet. They had no known children. * Henry Romilly (31 Dec 1804 - 25 Dec 1884). He married Rosa Morris, and had no known issue. * Charles Romilly (1808 - 29 Aug 1887). He married Lady Georgiana Elizabeth Russell, daughter of
John Russell, 6th Duke of Bedford John Russell, 6th Duke of Bedford, (6 July 1766 – 20 October 1839), known as Lord John Russell until 1802, was a British Whig politician who notably served as Lord Lieutenant of Ireland in the Ministry of All the Talents. He was the fath ...
and Georgiana Gordon. They had six sons. * Lt.-Col. Frederick Romilly (21 Mar 1810 - 6 Apr 1887).


References


Further reading

*''The Speeches of Sir Samuel Romilly in the House of Commons'' (2 vols., 1820) *Patrick Medd, ''Romilly: A Life of Sir Samuel Romilly. Lawyer and Reformer'' (Collins, 1968)


External links


''Chambers' Book of Days''
* * ;Attribution {{DEFAULTSORT:Romilly, Samuel English barristers Members of the Parliament of the United Kingdom for English constituencies People from Soho British politicians who committed suicide British anti–death penalty activists Suicides by sharp instrument in England 1757 births 1818 deaths UK MPs 1806–1807 UK MPs 1807–1812 UK MPs 1812–1818 Solicitors General for England and Wales Members of Gray's Inn British reformers Knights Bachelor English King's Counsel 1810s suicides