William Scott, 1st Baron Stowell (17 October 174528 January 1836) was an
English judge and jurist. He served as
Judge of the High Court of Admiralty from 1798 to 1828.
Background and education
Scott was born at
Heworth, a village about four miles from
Newcastle upon Tyne
Newcastle upon Tyne, or simply Newcastle ( , Received Pronunciation, RP: ), is a City status in the United Kingdom, cathedral city and metropolitan borough in Tyne and Wear, England. It is England's northernmost metropolitan borough, located o ...
, the son of a tradesman engaged in the transport of coal. His younger brother
John Scott became
Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
and was made
Earl of Eldon
Earl of Eldon, in the County Palatine of Durham, is a title in the Peerage of the United Kingdom. It was created in 1821 for the lawyer and politician John Scott, 1st Baron Eldon, Lord Chancellor from 1801 to 1806 and again from 1807 to 1827 ...
. He was educated at
Newcastle Royal Grammar School and
Corpus Christi College, Oxford
Corpus Christi College (formally, Corpus Christi College in the University of Oxford; informally abbreviated as Corpus or CCC) is one of the constituent colleges of the University of Oxford in the United Kingdom. Founded in 1517 by Richard Fo ...
, where he gained a Durham scholarship in 1761. In 1764 he graduated and became first a probationary fellow and then as successor to William (afterwards the well known
Sir William) Jones a tutor of
University College
In a number of countries, a university college is a college institution that provides tertiary education but does not have full or independent university status. A university college is often part of a larger university. The precise usage varies f ...
. As
Camden reader of ancient history he rivalled the reputation of
Blackstone. Although he had 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 entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
in 1762, it was not till 1776 that Scott devoted himself to a systematic study of
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
.
In 1783 he dined at Boyd's Inn (aka the White Horse Inn) on St Mary's Wynd with Dr
Samuel Johnson
Samuel Johnson ( – 13 December 1784), often called Dr Johnson, was an English writer who made lasting contributions as a poet, playwright, essayist, moralist, literary critic, sermonist, biographer, editor, and lexicographer. The ''Oxford ...
on his visit to Edinburgh.
Legal, political and judicial career
Scott graduated as doctor of civil law, and, after a customary year of silence, commenced practice in the
ecclesiastical court
In organized Christianity, an ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Histo ...
s. His professional success was rapid. In 1783 he became registrar of the court of faculties, and in 1788 judge of the consistory court and advocate-general, in that year too receiving the honour of
knighthood
A knight is a person granted an honorary title of a 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.
The concept of a knighthood ...
; and in 1798 he was made judge of the
high court of admiralty
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offenses.
United Kingdom England and Wales
Scotland
The Scottish court's earliest records, held in West R ...
. In this capacity he heard on appeal two important cases having to do with the abolition of the slave trade.
On 22 May 1809 took
''Donna Marianna'' on the Cape Coast for breach of the
Act for the abolition of the slave trade. The
Vice admiralty court
Vice admiralty courts were juryless courts located in British colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen.
American Colonies
American maritime act ...
at Sierra Leone condemned the vessel. Although ''Donna Marianna'' was ostensibly a Portuguese vessel, Scott upheld the seizure on the grounds that she was actually a British vessel and her Portuguese papers were a fraud.
[African Institution (1812), Vol. 6-9, pp.167-170.]
The second case involved the French ship ''Le Louis'' (1816) after it had been seized by the
West Africa Squadron
The West Africa Squadron, also known as the Preventive Squadron, was a squadron of the Royal Navy whose goal was to suppress the Atlantic slave trade by patrolling the coast of West Africa. Formed in 1808 after the British Parliament passed ...
for slave trading off the African coast at
Cape Mesurado
Cape Mesurado, also called Cape Montserrado, is a headland on the coast of Liberia near the capital Monrovia and the mouth of the Saint Paul River. It was named Cape Mesurado by Portuguese sailors in the 1560s. It is the promontory on which Afri ...
.
HMS ''Queen Charlotte'' had originally vindicated the seizure and confiscation of the ship and cargo. However Scott overturned this judgement, saying that the way ''Le Lois'' had been stopped and boarded was illegal as "No nation can exercise a right of visitation and search on the common and unappropriated parts of the sea, save only on the belligerent claim." He accepted that this would constitute a serious impediment to the suppression of the slave trade, but argued that this should be remedied through international treaties rather than Naval officers exceeding what they were permitted to do.
He twice contested
Oxford University
The University of Oxford is a collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the second-oldest continuously operating u ...
in 1780 without success, but successfully in 1801. He also sat for
Downton in 1790. He was elected a
Fellow of the Royal Society
Fellowship of the Royal Society (FRS, ForMemRS and HonFRS) is an award granted by the Fellows of the Royal Society of London to individuals who have made a "substantial contribution to the improvement of natural science, natural knowledge, incl ...
in 1793.
Upon the coronation of
George IV
George IV (George Augustus Frederick; 12 August 1762 – 26 June 1830) was King of the United Kingdom of Great Britain and Ireland and King of Hanover from 29 January 1820 until his death in 1830. At the time of his accession to the throne, h ...
in 1821 he was raised to the peerage as Baron Stowell, of
Stowell Park in the County of Gloucester,
taking his title from the name of his estate. After a life of judicial service Lord Stowell retired from the bench – from the consistory court in August 1821, and from the high court of admiralty in December 1827.
Personal life
Lord Stowell married twice. His first marriage, in 1781, was to Anna Maria, eldest daughter and heiress of John Bagnall of
Erleigh Court, near
Reading
Reading is the process of taking in the sense or meaning of symbols, often specifically those of a written language, by means of Visual perception, sight or Somatosensory system, touch.
For educators and researchers, reading is a multifacete ...
, in
Berkshire
Berkshire ( ; abbreviated ), officially the Royal County of Berkshire, is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Oxfordshire to the north, Buckinghamshire to the north-east, Greater London ...
, where the two later resided. They had four children, one of whom, a daughter, survived him. He married again, in 1813, the dowager
Marchioness of Sligo, née Louisa Catharine Howe, younger daughter of
the first and last Earl Howe of the 1788 creation, widow of
John Browne, 1st Marquess of Sligo
John Denis Browne, 1st Marquess of Sligo, (11 June 1756 – 2 January 1809) was an Anglo-Irish peer, absentee slaveholder and politician, and was the son of Peter Browne, 2nd Earl of Altamont, and his wife Elizabeth, née Kelly, heiress and d ...
.
He died on 28 January 1836 at Erleigh Court, aged 90, and the barony became extinct.
References
Sources
*Africa Institution (1812) ''Sixth Report of the Directors of the African Institution''.
*
Further reading
* ''Sir William Scott, Lord Stowell: Judge of the High Court of Admiralty, 1798-1828'' by Henry J. Bourguignon - Cambridge 1987: Cambridge University Press.
* ''The Lives of Twelve Eminent Judges of the Last and of the Present Century'' Volume 2 by
William Charles Townsend - London 1846: Longman, Brown, Green, and Longmans. Modern reprint by Kessinger Publishing , pp. 279–365.
External links
*
*
*
US website that amplifies his significance in matters of international law
{{DEFAULTSORT:Stowell, William Scott, 1st Baron
1745 births
1836 deaths
People from Earley
People educated at the Royal Grammar School, Newcastle upon Tyne
Alumni of Corpus Christi College, Oxford
Fellows of University College, Oxford
19th-century English judges
Members of the Middle Temple
Members of the Parliament of Great Britain for English constituencies
British MPs 1790–1796
British MPs 1796–1800
Members of the Parliament of the United Kingdom for the University of Oxford
UK MPs 1801–1802
UK MPs 1802–1806
UK MPs 1806–1807
UK MPs 1807–1812
UK MPs 1812–1818
UK MPs 1818–1820
UK MPs 1820–1826
Barons in the Peerage of the United Kingdom
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Fellows of the Royal Society
Camden Professors of Ancient History