Sir Henry Rolle (1589–1656), of Shapwick in Somerset, was

Chief Justice of the King's Bench Chief may refer to: Title or rank Military and law enforcement * Chief master sergeant, the ninth, and highest, enlisted rank in the U.S. Air Force and U.S. Space Force * Chief of police, the head of a police department * Chief of the bo ...

and served as MP for

Callington Callington ( kw, Kelliwik) is a civil parish and town in east Cornwall, England, United Kingdom about north of Saltash and south of Launceston. Callington parish had a population of 4,783 in 2001, according to the 2001 census. This had ...

, Cornwall, (1614–1623–4) and for

Truro Truro (; kw, Truru) is a cathedral city and civil parish in Cornwall, England. It is Cornwall's county town, sole city and centre for administration, leisure and retail trading. Its population was 18,766 in the 2011 census. People of Truro ...

, Cornwall (1625–1629).

Origins

Henry Rolle was born ''circa'' 1589, the second son of Robert Rolle (d. 1633) of Heanton Satchville in the parish of

Petrockstowe Petrockstowe (or Petrockstow) is a small village and civil parish in the district of Torridge in Northern Devon, England. Its population in 2001 was 379, hardly different from the figure of 385 recorded in 1901. The southern boundary of the pa ...

Devon Devon ( , historically known as Devonshire , ) is a ceremonial and non-metropolitan county in South West England. The most populous settlement in Devon is the city of Plymouth, followed by Devon's county town, the city of Exeter. Devo ...

, by his wife Joan Hele, daughter of Thomas Hele of Fleet, Devon. Henry was a great-grandson, in a junior line, of

George Rolle George Rolle (c. 1486 – 20 November 1552) of Stevenstone in the parish of St Giles in the Wood near Great Torrington in Devon, was the founder of the wealthy, influential and widespread Rolle family of Devon, which according to the Return of ...

(c.1486-1552) of

Stevenstone Stevenstone is a former manor within the parish of St Giles in the Wood, near Great Torrington, North Devon. It was the chief seat of the Rolle family, one of the most influential and wealthy of Devon families, from c. 1524 until 1907. The ...

, Devon, founder of the influential and wealthy Rolle family of Devon, Keeper of the Records of the

Court of Common Pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...

and MP for

Barnstaple Barnstaple ( or ) is a river-port town in North Devon, England, at the River Taw's lowest crossing point before the Bristol Channel. From the 14th century, it was licensed to export wool and won great wealth. Later it imported Irish wool, bu ...

in 1542 and 1545. His brothers included: *Sir Samuel I Rolle (c.1588-1647) (eldest brother) of Heanton Satchville,

Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members o ...

for

, Cornwall in 1640 and for

1641-1647 and a supporter of the

parliamentary A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...

side in the

Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government polici ...

. * John Rolle (1598–1648) (younger brother) a Turkey Merchant and MP for

, Cornwall, in 1626 and 1628 and for

, Cornwall, in 1640 for the

Short Parliament The Short Parliament was a Parliament of England that was summoned by King Charles I of England on the 20th of February 1640 and sat from 13th of April to the 5th of May 1640. It was so called because of its short life of only three weeks. Af ...

and in November 1640 for the

Long Parliament The Long Parliament was an English Parliament which lasted from 1640 until 1660. It followed the fiasco of the Short Parliament, which had convened for only three weeks during the spring of 1640 after an 11-year parliamentary absence. In Septe ...

. A supporter of the Parliamentarian side in the

English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I (" Cavaliers"), mainly over the manner of England's governance and issues of r ...

Early legal career

He matriculated at

Exeter College, Oxford (Let Exeter Flourish) , old_names = ''Stapeldon Hall'' , named_for = Walter de Stapledon, Bishop of Exeter , established = , sister_college = Emmanuel College, Cambridge , rector = Sir Richard Trainor ...

on 20 March 1607, and was admitted on 1 February 1609 to the

Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...

, where he was

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 1618. He was elected bencher in 1633 and reader in 1637 and 1638, but owing to the prevalence of the plague, did not give his reading until Lent 1639. Among his contemporaries at the Inner Temple and his intimate friends were Sir Edward Littleton (1589–1645), afterwards lord keeper and created

Baron Littleton Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knigh ...

; Sir Edward Herbert, afterwards attorney-general; Sir Thomas Gardiner, afterwards recorder of London; and

John Selden John Selden (16 December 1584 – 30 November 1654) was an English jurist, a scholar of England's ancient laws and constitution and scholar of Jewish law. He was known as a polymath; John Milton hailed Selden in 1644 as "the chief of learned ...

, by whose conversation and friendly rivalry he profited in the study of the law and humane learning. Rolle practised with eminent success in the

Court of 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 common ...

. He was appointed recorder of Dorchester in 1636, and was called to the degree of

serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are wri ...

on 10 May 1640.

Political career

He served as MP for

, in Cornwall, between 1620 and 1624, during the last two parliaments of King

James I James I may refer to: People *James I of Aragon (1208–1276) *James I of Sicily or James II of Aragon (1267–1327) *James I, Count of La Marche (1319–1362), Count of Ponthieu *James I, Count of Urgell (1321–1347) *James I of Cyprus (1334–13 ...

(1603-1625), and for

between 1625 and 1629 in the first three parliaments of his successor King

Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...

(1625-1649). He early identified himself with the popular party and was unsurpassed by any other member in his vigour to effect the impeachment of

George Villiers, 1st Duke of Buckingham George Villiers, 1st Duke of Buckingham, 28 August 1592 – 23 August 1628), was an English courtier, statesman, and patron of the arts. He was a favourite and possibly also a lover of King James I of England. Buckingham remained at the ...

, and was likewise insistent that supply should be postponed to the redress of grievances. On the outbreak of the

he took the side of Parliament, contributed £100 to the defence fund, and took the

Covenant Covenant may refer to: Religion * Covenant (religion), a formal alliance or agreement made by God with a religious community or with humanity in general ** Covenant (biblical), in the Hebrew Bible ** Covenant in Mormonism, a sacred agreement b ...

Judicial career

His advancement to a judgeship in the

was one of the stipulations included in the propositions for peace of January 1642–43. On 28 October 1645, he was sworn in as such, and on 15 November 1648, further to votes of both houses of parliament, he was advanced to

Lord Chief Justice of England and Wales Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or ...

, otherwise known as Lord Chief Justice of the King's Bench. About a week after the execution of King

in 1649, he accepted on 8 February 1649, a new commission as Lord Chief Justice of the upper bench on the understanding that no change should be made to the fundamental laws of the kingdom. On 13 February 1649, he was voted a member of the

Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...

, which appointment strengthened the government, and his presence on the western circuit contributed much to the settlement of the public mind. In 1650 he tried the case of

William Franklin William Franklin (22 February 1730 – 17 November 1813) was an American-born attorney, soldier, politician, and colonial administrator. He was the acknowledged illegitimate son of Benjamin Franklin. William Franklin was the last colonial Go ...

and Mary Gadbury. The two them had been asserting that William was Jesus Christ come to earth in a new body. They had been tried in Winchester and they had recanted their claims. The same happened again and as before Gadbury was given correction to persude her to make her mark. They were both released within weeks and never heard from again although one disgraced minister mentioned him in 1666. On 4 August 1654 Rolle was appointed Commissioner of the Exchequer. Rolle was exceeded in his abilities as advocate or judge by none of his contemporaries save by the great Sir Matthew Hale. His decisions, reported by William Style, rarely relate to matters of historic interest. Nevertheless, he established, in the case of Captain Streater, committed to prison by order of the Council of State and the Speaker of the House of Commons for the publication of seditious writings, the principle that a court of justice cannot review parliamentary commitments if regular in form.

Case of Don Pantaleone Sá

Rolle's name is associated with a ''

cause célèbre A cause célèbre (,''Collins English Dictionary – Complete and Unabridged'', 12th Edition, 2014. S.v. "cause célèbre". Retrieved November 30, 2018 from https://www.thefreedictionary.com/cause+c%c3%a9l%c3%a8bre ,''Random House Kernerman Webs ...

'' of

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

. ''Don'' Pantaleone Sá, a brother of the Portuguese ambassador, was arrested for a murder committed in an affray in the New Exchange in the

Strand Strand may refer to: Topography *The flat area of land bordering a body of water, a: ** Beach ** Shoreline * Strand swamp, a type of swamp habitat in Florida Places Africa * Strand, Western Cape, a seaside town in South Africa * Strand Street ...

, London. The fact was undeniable, but the '' Don'' claimed the privilege of exterritoriality, due to his being a member of the Ambassador's household. The point was discussed by Rolle in consultation with two of his

puisne judge A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use The term is used almost exclusively in common law ...

s, two admiralty judges and two civilians, and on 16 January 1654 was decided against the Don. The decision was without precedent, for it could neither be denied that the Don was of the household of the ambassador, nor that the privilege of exterritoriality had theretofore been understood to extend even to cases of murder. At the trial on 6 July 1654, over which Rolle presided, the prisoner was conceded a jury, half English half Portuguese, but was denied the assistance of counsel and was compelled to waive his privilege and plead to the indictment by a threat of ''

peine forte et dure ' (Law French for "hard and forceful punishment") was a method of torture formerly used in the common law legal system, in which a defendant who refused to plead ("stood mute") would be subjected to having heavier and heavier stones placed upon ...

''. He was found guilty and sentenced to death by hanging. The execution was carried out on Tower Hill on 10 July 1654. On the outbreak of the Penruddock uprising on 12 March 1654–5, Rolle was at

Salisbury Salisbury ( ) is a cathedral city in Wiltshire, England with a population of 41,820, at the confluence of the rivers Avon, Nadder and Bourne. The city is approximately from Southampton and from Bath. Salisbury is in the southeast of ...

on assize business, when he was surprised by the cavaliers under Sir Joseph Wagstaffe, who coolly proposed to hang him. At

Penruddock Penruddock is a small village in Cumbria, England, 5.5 miles to the west of Penrith. It forms part of the civil parish of Hutton. History The name Penruddock is Cumbric. With both red soil and red sandstone in the area to the south, the w ...

's intercession, however, he was released.

Resignation

He served as one of the commissioners for the trial of the insurgents at

Exeter Exeter () is a city in Devon, South West England. It is situated on the River Exe, approximately northeast of Plymouth and southwest of Bristol. In Roman Britain, Exeter was established as the base of Legio II Augusta under the personal comm ...

in May 1655, and being unable to decide against the merchant George Cony, who had sued a customs officer for levying duty from him by force without authority of parliament, and rather than give further offence to the

Lord Protector Lord Protector (plural: ''Lords Protector'') was a title that has been used in British constitutional law for the head of state. It was also a particular title for the British heads of state in respect to the established church. It was sometimes ...

Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three ...

he resigned on 7 June 1655. He was succeeded by Sir John Glynne.

Death and burial

He died on 30 July 1656 and was buried in the parish church of his manor of Shapwick, near Glastonbury, in Somerset.

Publications

While engaged in the practice of law Rolle spent much of his leisure in making reports and abridgments of cases. His '' Abridgment des plusieurs Cases et Resolutions del Commun Ley'', known as

Rolle's Abridgment ''Un Abridgment des plusiers Cases et Resolutions del Common Ley, Alphabeticalment Digest desouth severall Titles'' (called Rolle's ''Abridgment'', abbreviated Roll. Abr.) is a law book written in Law French by Henry Rolle (1589–1656). The most ...

, was published in London in 1668 as two volumes folio. The preface includes an engraving of his portrait and is followed by a memoir by Sir Matthew Hale in which he is characterised as "a person of great learning and experience in the common law, profound judgment, singular prudence, great moderation, justice, and integrity". His ''Reports de divers Cases en le Court del Banke le Roy en le Temps del Reign de Roy Jacques,'' appeared in print in London in 1675–6, in two volumes folio.

Lands acquired

Rolle acquired the following manors: * Wookey, Somerset, purchased for £3,500 in 1626. * Shapwick in Somerset, purchased in 1630, where he re-built the manor house. *

East Tytherley East Tytherley is a small village in Hampshire, England. The name Tytherley comes from Old English and means ''thin or tender wood''. The village was given to Queen Philippa by her husband Edward III in 1335. When the Black Death spread through ...

in Hampshire, purchased in 1654

Marriage and children

Rolle married Margaret Bennett.Marriage - St Pancras, Sopher Lane, London Parish Registers They had only one son: *Sir

Francis Rolle Sir Francis Rolle (1630–1686) was an English lawyer and politician who sat in the House of Commons at various times between 1656 and 1685. Biography Rolle was the only son of Henry Rolle of Shapwick in Somerset, who was Chief Justice of the ...

, who was knighted at

Portsmouth Portsmouth ( ) is a port and city in the ceremonial county of Hampshire in southern England. The city of Portsmouth has been a unitary authority since 1 April 1997 and is administered by Portsmouth City Council. Portsmouth is the most d ...

on 1 March 1665 and was

lord of the manor Lord of the Manor is a title that, in Anglo-Saxon England, referred to the landholder of a rural estate. The lord enjoyed manorial rights (the rights to establish and occupy a residence, known as the manor house and demesne) as well as seig ...

in Hampshire, which county he represented in the parliament of 1681.

Notes

References

Sources

* * *Vivian, Lt.Col. J.L., (Ed.) The Visitations of the County of Devon: Comprising the Heralds' Visitations of 1531, 1564 & 1620, Exeter, 1895, p. 654, pedigree of Rolle ;Attribution *