Lloyd Kenyon, 1st Baron Kenyon
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Lloyd Kenyon, 1st Baron Kenyon (5 October 1732 – 4 April 1802), was a
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politician and
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 ...
, who served as
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,
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 ...
and
Lord Chief Justice 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 are ...
. Born to a country gentleman, he was initially educated in Hanmer before moving to
Ruthin School Ruthin School is a public school (i.e. independent school) located on the outskirts of Ruthin, the county town of Denbighshire, North Wales. It is over seven hundred years old, making it one of the oldest schools in the United Kingdom. Origina ...
aged 12. Rather than going to university he instead worked as a clerk to an attorney, joining the
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in 1750 and being
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 1756. Initially almost unemployed due to the lack of education and contacts which a university education would have provided, his business increased thanks to his friendships with John Dunning, who, overwhelmed with cases, allowed Kenyon to work many, and
Lord Thurlow Baron Thurlow, of Thurlow in the County of Suffolk, is a title in the Peerage of Great Britain. It was created on 11 June 1792 for the lawyer and politician Edward Thurlow, 1st Baron Thurlow, with remainder to his younger brothers and the heir ...
who secured for him the Chief Justiceship of Chester in 1780. He was returned as the
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 of ...
(MP) for Hindon the same year, serving repeatedly as
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
under
William Pitt the Younger William Pitt the Younger (28 May 175923 January 1806) was a British statesman, the youngest and last prime minister of Great Britain (before the Acts of Union 1800) and then first prime minister of the United Kingdom (of Great Britain and Ire ...
. He effectively sacrificed his political career in 1784 to challenge the ballot of
Charles James Fox Charles James Fox (24 January 1749 – 13 September 1806), styled ''The Honourable'' from 1762, was a prominent British Whig statesman whose parliamentary career spanned 38 years of the late 18th and early 19th centuries. He was the arch-riv ...
, and was rewarded with a baronetcy; from then on he did not speak in the House of Commons, despite remaining an MP. On 27 March 1784, he was appointed
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 ...
, a job to which he dedicated himself once he ceased to act as an MP. He had previously 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 ...
, and although unfamiliar with Roman law was highly efficient; Lord Eldon said "I am mistaken if, after I am gone, the Chancery Records do not prove that if I have decided more than any of my predecessors in the same period of time, Sir Lloyd Kenyon beat us all". On 9 June 1788, Kenyon succeeded
Lord Mansfield William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to Lond ...
as
Lord Chief Justice 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 are ...
, and was granted a barony. Although not rated as highly as his predecessor, his work "restored the simplicity and rigor of the common law". He remained Lord Chief Justice until his death in 1802.


Early life and education

Kenyon was born on 5 November 1732 in Gredington,
Flintshire , settlement_type = County , image_skyline = , image_alt = , image_caption = , image_flag = , image_shield = Arms of Flint ...
, to Lloyd Kenyon, a country gentleman and
Justice of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
, and his wife Jane Eddowes. He was initially educated at a school in Hanmer – it was written that "no man ever set out on his career with fewer advantages" than Kenyon. When he was 12 he was sent to
Ruthin School Ruthin School is a public school (i.e. independent school) located on the outskirts of Ruthin, the county town of Denbighshire, North Wales. It is over seven hundred years old, making it one of the oldest schools in the United Kingdom. Origina ...
, where he learnt French and Latin, and was considered one of the best students at the school. His knowledge of Greek was non-existent, and his scientific training minor; "he was said to have believed to his dying day that the sun goes around the earth". As a second son, he had initially considered joining the clergy, but instead decided on the law and spent 5 years working as a clerk to Mr W. J. Tomkinson, an attorney. He proved to be an excellent clerk, becoming a "rapid and accurate conveyancer". Originally happy with the idea of being a simple attorney, after the death of his older brother it was instead assumed he would become a barrister, and Kenyon joined the
Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn an ...
in November 1750. In February 1755 he left Tomkinson's practice and moved to London, 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 ...
on 10 February 1756.


Career as a barrister

Without the education or connections that a university education would have provided he was almost entirely unemployed for several years. Kenyon instead lived off an £80 allowance from his father, and money from his richer relatives, spending the time watching
Lord Mansfield William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to Lond ...
conduct cases at 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 ...
. His early business was almost entirely
conveyancing In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts ...
, and to make extra money he began to attend the Welsh Circuit, where Tomlinson's contacts allowed him to pick up some small cases. After several years of this he also began attending quarter sessions at Oxford, Stafford and Shrewsbury, "where he was more successful". While his work slowly began to increase, his main rise was due to his friendship with John Dunning, at the time a similarly near-unemployed barrister. In 1762 one of the leaders of the Northern Circuit died, and his work was given to Dunning; as he found himself with too many cases, he gave many to Kenyon. In 1767, for example, Kenyon dealt with 20 of Dunning's cases. As a result of his speedy and efficient work attorneys began to employ him directly, and within 10 years he was making £3,000 a year just from
opinions An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements. Definition A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with ...
. Kenyon's next rise came about as a result of his introduction to the Duke of Richmond, who was struggling with Sir James Lowther for the control of several Parliamentary constituencies. Kenyon went with Richmond to
Carlisle Carlisle ( , ; from xcb, Caer Luel) is a city that lies within the Northern England, Northern English county of Cumbria, south of the Anglo-Scottish border, Scottish border at the confluence of the rivers River Eden, Cumbria, Eden, River C ...
and
Cockermouth Cockermouth is a market town and civil parish in the Borough of Allerdale in Cumbria, England, so named because it is at the confluence of the River Cocker as it flows into the River Derwent. The mid-2010 census estimates state that Cocke ...
as his lawyer, and secured the constituencies for Richmond; as a result, Richmond chose to employ Kenyon as his lawyer from then onwards. In 1780 he successfully defended
Lord George Gordon Lord George Gordon (26 December 1751 – 1 November 1793) was a British politician best known for lending his name to the Gordon Riots of 1780. An eccentric and flighty personality, he was born into the Scottish nobility and sat in the Hous ...
for high treason, assisted by Thomas Erskine, and the resulting fame was enough to propel him further up the ranks of his profession and within the political sphere. At the same time he became friends with
Lord Thurlow Baron Thurlow, of Thurlow in the County of Suffolk, is a title in the Peerage of Great Britain. It was created on 11 June 1792 for the lawyer and politician Edward Thurlow, 1st Baron Thurlow, with remainder to his younger brothers and the heir ...
, and when the holder of the Chief Justiceship of Chester died that year, Thurlow ensured that it was given to Kenyon. The rise of Kenyon's work 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 ...
was also attributed to his friendship with Thurlow, who as
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
was the head of the Court.


Political career

When Parliament was dissolved in 1780, Thurlow ensured that Kenyon was returned as a
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 of ...
for Hindon. In April 1782, on the formation of the Rockingham government, Kenyon was made Attorney-General for England and Wales, despite having never sat in the lower office of Solicitor-General or spoken in Parliament. As Attorney General he spoke on only one subject, on 18 June 1782, in regards to the amount of money owed to the
Exchequer In the civil service of the United Kingdom, His Majesty’s Exchequer, or just the Exchequer, is the accounting process of central government and the government's '' current account'' (i.e., money held from taxation and other government revenu ...
by the
Paymaster of the Forces The Paymaster of the Forces was a position in the British government. The office was established in 1661, one year after the Restoration (1660), Restoration of the Monarchy to King Charles II, and was responsible for part of the financing of t ...
. This provoked the opposition of
Charles James Fox Charles James Fox (24 January 1749 – 13 September 1806), styled ''The Honourable'' from 1762, was a prominent British Whig statesman whose parliamentary career spanned 38 years of the late 18th and early 19th centuries. He was the arch-riv ...
, whose father, Lord Holland, had profited greatly by that office; Kenyon's programme could have ruined Fox by making him liable for refunding his father's profits as Paymaster. On the death of Rockingham Kenyon continued in his post under the Shelburne Ministry, but left office in April 1783 when that government fell to the Fox-North Coalition. He instead allied himself with
William Pitt the Younger William Pitt the Younger (28 May 175923 January 1806) was a British statesman, the youngest and last prime minister of Great Britain (before the Acts of Union 1800) and then first prime minister of the United Kingdom (of Great Britain and Ire ...
, leading the opposition to the first Act of the new government and strongly supporting an opposition bill to reform the
Exchequer In the civil service of the United Kingdom, His Majesty’s Exchequer, or just the Exchequer, is the accounting process of central government and the government's '' current account'' (i.e., money held from taxation and other government revenu ...
. When the new government was dismissed on 19 December and Pitt took control, Kenyon was again made Attorney-General. He again took the lead on the issue of the Paymaster of the Forces, and commanded that
Richard Rigby Richard Rigby PC (February 1722 – 8 April 1788), was an English civil servant and politician who sat in the British House of Commons for 43 years from 1745 to 1788. He served as Chief Secretary for Ireland and Paymaster of the Forces. Rigby ...
, Paymaster until 1782, "do deliver to the House an account of the balance of all public money remaining in his hands on the 13th day of November last", something Rigby complained was against common practice. In 1784
Thomas Sewell Thomas Sewell may refer to: * Tom Sewell (basketball) (born 1962), American shooting guard * Tom Sewell (cricketer, born 1806) (1806–1888), English cricketer * Tom Sewell (cricketer, born 1830) (1830–1871), English cricketer, son of Tom Sewell s ...
died, and, as was tradition, Kenyon succeeded him as
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 ...
on 27 March. Initially intending to withdraw from Parliament, Kenyon was persuaded to remain as an MP and Attorney General to increase Pitt's majority. Having purchased the seat of
Tregony Tregony ( kw, Trerigoni), sometimes in the past Tregoney, is a village and former civil parish, now in the parish of Tregony with Cuby, in Cornwall, England, United Kingdom. It lies on the River Fal. In the village there is a post office (now ...
he "was resolved to go the whole hog", and became one of the strongest and most visible supporters of Pitt. With his contacts in Wales, he secured votes for several ministerial candidates in Welsh constituencies. In an attempt to have
Charles James Fox Charles James Fox (24 January 1749 – 13 September 1806), styled ''The Honourable'' from 1762, was a prominent British Whig statesman whose parliamentary career spanned 38 years of the late 18th and early 19th centuries. He was the arch-riv ...
removed as an MP he had Fox's ballot challenged; while this backfired, he was awarded with a baronetcy for the effective sacrifice of his political career. As a result of this controversy he stated that "legislation was a task to which he had by no means thought himself equal", and stayed silent in Parliament for the rest of his life.Campbell (2006), p. 46.


Judicial career

Having withdrawn from politics, Kenyon instead switched his focus to his job as
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 ...
. As a judge 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 ...
he was required to deal with cases of
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; though he was almost entirely unfamiliar with the Roman law it was based on, he had previously practised in the Chancery. He was not considered as good as his successor,
Sir William Grant Sir William Grant (13 October 1752 – 23 May 1832) was a British lawyer, Member of Parliament from 1790–1812 and Master of the Rolls from 1801–1817. He was born at Elchies, Moray, Scotland. His father, James Grant, was a tenant farmer, ...
, but Lord Eldon wrote that "I am mistaken if, after I am gone, the Chancery Records do not prove that if I have decided more than any of my predecessors in the same period of time, Sir Lloyd Kenyon beat us all". With the retirement of
Lord Mansfield William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to Lond ...
as
Lord Chief Justice 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 are ...
, Kenyon succeeded him on 9 June 1788, and was made Baron Kenyon of Gredington, in the county of
Flint Flint, occasionally flintstone, is a sedimentary cryptocrystalline form of the mineral quartz, categorized as the variety of chert that occurs in chalk or marly limestone. Flint was widely used historically to make stone tools and start fir ...
.Campbell (2006), p. 50. Kenyon's appointment was initially greeted with caution by his fellow
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 ...
s, who worried that, as he had practised in a court of equity rather than a court of common law, he might be unfamiliar with the area covered by his new posting 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 ...
. Despite this, he was noted as an excellent judge, although one who suffered from an "excess of zeal" in moral issues. One of his flaws was his defective education; he was too proud to avoid exhibiting his ignorance. He was particularly noted for using Latin incorrectly, leading George III to say "My Lord... it would be well if you would stick to your good law and leave off your bad Latin". As a judge, Kenyon over-ruled the principles that a court of law could not consider
trusts A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settl ...
or a pecuniary legacy; it was said that he "restored the simplicity and rigor of the common law".Campbell (2006), p. 61. After nearly one and a half decades as a judge, Kenyon died on 4 April 1802 in Bath.


Personal life

In 1773 he married his cousin, Mary Kenyon, with whom he had three sons; Lloyd, who predeceased him,
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, and Thomas. Kenyon was noted by
John Campbell, 1st Baron Campbell John Campbell, 1st Baron Campbell, PC, QC, FRSE (15 September 1779 – 23 June 1861) was a British Liberal politician, lawyer and man of letters. Background and education The second son of the Reverend George Campbell, D.D., and Magdalene H ...
as "a man of wonderful quickness of perception, of considerable intellectual nimbleness, of much energy of purpose, and of unwearied industry", although Campbell noted that, thanks to Kenyon's lack of a university education, he knew only "the corner of jurisprudence which he professionally cultivated; he had not even the information generally picked up by the clever clerk of a country attorney". He was noted as arrogant, despising things he did not understand and condemning any opinions he disagreed with regardless of his knowledge of them. He never attempted to reform the judicial system, and "his habits of sordid parsimony brought discredit on the high station which he filled". Campbell, however, has been criticized as a biographer. When his ''Lives of the Chief Justices'' was published, which included his biography of Lord Kenyon, the ''Law Magazine'' commented that "Lord Campbell has confounded, or not rightly understood, the distinction between true and false. His political virus oozes out in sly general remarks and bantering innuendoes." (''Law Magazine'' vol.43, p5, 209.) Despite this, as a judge he was seen as "profound in legal erudition, patient in judicial discrimination, and of the most determined integrity".Foss (1843), p. 138.


Arms


References


Bibliography

* * * * * * * , - {{DEFAULTSORT:Kenyon, Lloyd Kenyon, 1st Baron 1732 births 1802 deaths Peers of Great Britain created by George III Lord chief justices of England and Wales People educated at Ruthin School Members of Lincoln's Inn Members of the Parliament of Great Britain for English constituencies Members of the Privy Council of Great Britain Serjeants-at-law (England) Lord-Lieutenants of Flintshire British MPs 1780–1784 British MPs 1784–1790 Masters of the Rolls Members of the Parliament of Great Britain for Tregony LLoyd 1