John Lyndon
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Sir John Lyndon (c. 1630-1699) was an Irish judge and politician of the seventeenth century. He was the first holder of the office of Third Serjeant-at-law, which was created especially for him, apparently as a "consolation prize" for not being made a High Court judge the first time he sought that office.


Early career

He was born in
Carrickfergus Carrickfergus ( , meaning " Fergus' rock") is a large town in County Antrim, Northern Ireland. It sits on the north shore of Belfast Lough, from Belfast. The town had a population of 27,998 at the 2011 Census. It is County Antrim's oldest t ...
, son of Captain Roger Lyndon, Collector of Customs for the town of Carrickfergus, and his wife Jane Marten. The Lyndons were a prominent Carrickfergus family who settled in the town in the 1590s, though at least one branch of John's own descendants were associated with
Dublin Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
. One Henry Lyndon was Mayor of Carrickfergus in 1600. John had at least one brother, also named Roger, who in 1666 married Dorothy Newburgh, daughter of Thomas Newburgh MP of
Ballyhaise Ballyhaise (; ) is a village in County Cavan, Ireland. It is situated some north-northeast of Cavan Town. It is approximately a 15-minute drive or 11 km via the N54 to the border with County Fermanagh in Northern Ireland. The River Annalee ...
,
County Cavan County Cavan ( ; gle, Contae an Chabháin) is a Counties of Ireland, county in Republic of Ireland, Ireland. It is in the Provinces of Ireland, province of Ulster and is part of the Border Region. It is named after the town of Cavan and is base ...
. John was educated at
Trinity College, Dublin , name_Latin = Collegium Sanctae et Individuae Trinitatis Reginae Elizabethae juxta Dublin , motto = ''Perpetuis futuris temporibus duraturam'' (Latin) , motto_lang = la , motto_English = It will last i ...
. He entered
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 ...
in 1657, although it seems that he was not formally
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 England, something which later caused him a good deal of difficulty when he tried to set up a legal practice in England. He was appointed
Recorder Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a news ...
of Carrickfergus and entered the
King's Inn The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
in 1663. He was
seneschal The word ''seneschal'' () can have several different meanings, all of which reflect certain types of supervising or administering in a historic context. Most commonly, a seneschal was a senior position filled by a court appointment within a royal, ...
of
St. Patrick's Cathedral, Dublin Saint Patrick's Cathedral ( ir, Ard-Eaglais Naomh Pádraig) in Dublin, Ireland, founded in 1191 as a Roman Catholic cathedral, is currently the national cathedral of the Church of Ireland. Christ Church Cathedral, Dublin, Christ Church Cathedr ...
. He sat in the
Irish House of Commons The Irish House of Commons was the lower house of the Parliament of Ireland that existed from 1297 until 1800. The upper house was the House of Lords. The membership of the House of Commons was directly elected, but on a highly restrictive fra ...
as MP for
Killybegs Killybegs () is a town in County Donegal, Ireland. It is the largest fishing port in the country and on the island of Ireland. It is located on the south coast of the county, north of Donegal Bay, near Donegal Town. Its Irish name ''Na Cealla Bea ...
in the sole Irish Parliament of the reign of Charles II (1661-1666).


The first Third Serjeant

The office of Third Serjeant was created especially for him in 1682: this was widely regarded as a "consolation prize" for his failure to secure a place on the
Court of Common Pleas (Ireland) The Court of Common Pleas was one of the principal courts of common law in Ireland. It was a mirror image of the equivalent court in England. Common Pleas was one of the four courts of justice which gave the Four Courts in Dublin, which is still ...
. The situation became comical when the office of Second Serjeant was given to William Beckett: both Lyndon and Sir Richard Ryves, the
Recorder of Dublin Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a news ...
, claimed that it had been promised to them.
Ormonde Ormonde is a surname occurring in Portugal (mainly Azores), Brazil, England, and United States. It may refer to: People * Ann Ormonde (born 1935), an Irish politician * James Ormond or Ormonde (c. 1418–1497), the illegitimate son of John Butl ...
, the
Lord Lieutenant of Ireland Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the Kingdo ...
, took a keen interest in judicial appointments, but he did not regard the Serjeant-at-law as an office of much importance (probably due to his deep distrust of Sir Audley Mervyn, who had been the Prime Serjeant in the 1660s), and had always said that one Serjeant was quite enough. He frankly admitted that when he appointed Beckett as Serjeant he had forgotten that Lyndon had already received his
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
of appointment to the same office. A compromise arrangement was reached by which Beckett remained as Second Serjeant; he died a few months later. Ryves was promised, and received, the next vacant Serjeantship, and Lyndon, in addition to becoming Third Serjeant, was promised the next vacant seat on the High Court bench. The desire to conciliate Lyndon suggests that he was highly regarded by Ormonde, who was noted for loyalty to his friends. No specific duties were assigned to him as Third Serjeant, and the office was generally agreed to be surplus to requirements, at a time when the need for even two serjeants was questioned, not least by Ormonde himself, who had remarked years earlier that the Second Serjeant had nothing to do.


Judge

Ormonde kept his promise, and In January 1683 Lyndon was raised to the Bench as justice of the
Court of King's Bench (Ireland) The Court of King's Bench (of Queen's Bench when the sovereign was female, and formerly of Chief Place or Chief Pleas) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The King's Benc ...
. He was sent regularly to
Ulster Ulster (; ga, Ulaidh or ''Cúige Uladh'' ; sco, label= Ulster Scots, Ulstèr or ''Ulster'') is one of the four traditional Irish provinces. It is made up of nine counties: six of these constitute Northern Ireland (a part of the United King ...
as justice of
assize The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
. In 1686-7 he was engaged in a dispute with his colleague Thomas Nugent as to which of them had precedence in Court: they are said to have quarrelled "as briskly as two women". He seems to have been in some financial difficulty at this time, as he petitioned the Crown for a licence to export
wool Wool is the textile fibre obtained from sheep and other mammals, especially goats, rabbits, and camelids. The term may also refer to inorganic materials, such as mineral wool and glass wool, that have properties similar to animal wool. As ...
, as a means of providing for his family. Despite their differences Nugent and Lyndon, who had jointly presided at the trial for
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
of William Aston, eldest son of their late colleague Sir
William Aston Sir William John Aston, KCMG (19 September 1916 – 21 May 1997) was an Australian politician. Born in Sydney, he attended state schools before becoming an accountant and company director. He served in World War II from 1942 to 1944, and was in ...
, who was found guilty and
hanged Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging in ...
, worked together to secure the return of his property, which was forfeit to the Crown, to his widow.


The Glorious Revolution and afterwards

Although Lyndon was a sincere
Protestant Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
, (being a friend of Ormonde, he was most likely a staunch Anglican), the Catholic King James II, despite his policy of replacing Irish Protestant office-holders with Catholics in so far as possible, left Lyndon in peace until after the
Glorious Revolution of 1688 The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
. James's arrival in Ireland in 1689 put Lyndon and the other remaining Protestants on the Irish Bench in a very difficult position, as they were naturally suspected of sympathising with the new King
William III William III or William the Third may refer to: Kings * William III of Sicily (c. 1186–c. 1198) * William III of England and Ireland or William III of Orange or William II of Scotland (1650–1702) * William III of the Netherlands and Luxembourg ...
. Lyndon and his wife tried to escape to England, taking their valuables with them, but they were arrested at the waterside and their goods were seized. His enemies claimed that Lyndon then agreed to preside at the trials of suspected enemies of the Jacobite regime, as a bribe for the return of his property, and he did resume his position as justice of
assize The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
in Ulster for a time. Later in 1689 he and his family were permitted to go to England, but without their valuables. His position on the Bench was left vacant, apparently because no
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
would pay the fee for the
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
of office. His efforts to practice at the Bar in England encountered a difficulty when it transpired that although he had been a law student at Lincoln's Inn, he had never been called to the English bar. Following the downfall of King James's cause at the
Battle of the Boyne The Battle of the Boyne ( ga, Cath na Bóinne ) was a battle in 1690 between the forces of the deposed King James II of England and Ireland, VII of Scotland, and those of King William III who, with his wife Queen Mary II (his cousin and ...
, Lyndon returned to Ireland, and was reappointed to the Bench in 1690 and
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 ...
. He continued to go regularly on assize to Ulster. He died in 1699.


Family

By his wife Elizabeth he had a numerous family, including at least five sons, John, Edward, Charles, Richard and George, and one daughter, who married her cousin Cuthbert Winder. Lady Lyndon died in June 1711, a fact mentioned by
Jonathan Swift Jonathan Swift (30 November 1667 – 19 October 1745) was an Anglo-Irish Satire, satirist, author, essayist, political pamphleteer (first for the Whig (British political party), Whigs, then for the Tories (British political party), Tories), poe ...
in a letter to his beloved friend
Esther Johnson Esther Johnson (13 March 1681 – 28 January 1728) was the English friend of Jonathan Swift, known as "Stella". Whether or not she and Swift were secretly married, and if so why the marriage was never made public, is a subject of debate. Pare ...
(''Stella''): "your Lady Lyndon is dead". Their eldest son, Captain John Lyndon, was killed at the
Siege of Limerick (1691) The siege of Limerick in western Ireland was a second siege of the town during the Williamite War in Ireland (1689–1691). The city, held by Jacobite forces, was able to beat off a Williamite assault in 1690. However, after a second siege in ...
.


References

*Ball, F. Elrington ''The Judges in Ireland 1221-1921'' John Murray London 1926 *Hart, A.R. ''History of the King's Serjeant-at-law in Ireland'' Four Courts Press Dublin 2000 *Kenny, Colum ''"King's Inns and the Kingdom of Ireland"'' Dublin Irish Academic Press 1992 * ''The correspondence of
Henry Hyde, 2nd Earl of Clarendon Henry Hyde, 2nd Earl of Clarendon, PC (2 June 163831 October 1709) was an English aristocrat and politician. He held high office at the beginning of the reign of his brother-in-law, King James II. Early life He was the eldest son of Edward Hyde ...
with his brother Lawrence Hyde, 1st Earl of Rochester''; published by Samuel Weller Singer London 2 Volumes 1828 *Swift, Jonathan ''Journal to Stella'' Letter 26, July 1711 {{DEFAULTSORT:Lyndon, John People from Carrickfergus Members of Lincoln's Inn 1699 deaths Alumni of Trinity College Dublin Irish MPs 1661–1666 Justices of the Irish King's Bench Members of the Parliament of Ireland (pre-1801) for County Donegal constituencies Year of birth uncertain Serjeants-at-law (Ireland) 1630 births