Basil Montagu
Encyclopedia
Basil Montagu was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...

, barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

, writer and philanthropist
Philanthropist
A philanthropist is someone who engages in philanthropy; that is, someone who donates his or her time, money, and/or reputation to charitable causes...

. He was educated in Charterhouse School
Charterhouse School
Charterhouse School, originally The Hospital of King James and Thomas Sutton in Charterhouse, or more simply Charterhouse or House, is an English collegiate independent boarding school situated at Godalming in Surrey.Founded by Thomas Sutton in London in 1611 on the site of the old Carthusian...

 and studied law in Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...

, later wrote and worked on reforms in bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....

 laws of Britain. He served as Accountant-General in Bankruptcy between 1835 and 1846. He was highly influenced by the writings of Francis Bacon
Francis Bacon
Francis Bacon, 1st Viscount St Albans, KC was an English philosopher, statesman, scientist, lawyer, jurist, author and pioneer of the scientific method. He served both as Attorney General and Lord Chancellor of England...

. He was the son of John Montagu, 4th Earl of Sandwich
John Montagu, 4th Earl of Sandwich
John Montagu, 4th Earl of Sandwich, PC, FRS was a British statesman who succeeded his grandfather, Edward Montagu, 3rd Earl of Sandwich, as the Earl of Sandwich in 1729, at the age of ten...

 and his mistress, singer Martha Ray
Martha Ray
Martha Ray was a British singer of the Georgian era. Her father was a corsetmaker and her mother was a servant in a noble household. Good-looking, intelligent, and a talented singer, she came to the attention of many of her father's patrons. She is best known for her affair with John Montagu, 4th...

.

Life

He was the second illegitimate son of John Montagu by Martha Ray; he was acknowledged by his father, and brought up at Hinchinbrook
Hinchinbrook
Hinchinbrook is the name of several places:* Hinchinbrook, New South Wales, a suburb of Sydney, Australia* Hinchinbrook Island, an island in tropical north Queensland, Australia...

, Huntingdonshire
Huntingdonshire
Huntingdonshire is a local government district of Cambridgeshire, covering the area around Huntingdon. Traditionally it is a county in its own right...

. He was educated at Charterhouse School and Christ's College, Cambridge
Christ's College, Cambridge
Christ's College is a constituent college of the University of Cambridge.With a reputation for high academic standards, Christ's College averaged top place in the Tompkins Table from 1980-2000 . In 2011, Christ's was placed sixth.-College history:...

, where he matriculated in 1786, graduated B.A. (fifth wrangler) in 1790, and proceeded M.A. in 1793. On 30 January 1789 he was admitted a member of Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...

, but continued to reside at Cambridge until 1795, when, having by a technical loophole lost the portion of inheritance intended for him by his father, he came to London to read for the bar.

He was on intimate terms with Samuel Taylor Coleridge
Samuel Taylor Coleridge
Samuel Taylor Coleridge was an English poet, Romantic, literary critic and philosopher who, with his friend William Wordsworth, was a founder of the Romantic Movement in England and a member of the Lake Poets. He is probably best known for his poems The Rime of the Ancient Mariner and Kubla...

 and William Wordsworth
William Wordsworth
William Wordsworth was a major English Romantic poet who, with Samuel Taylor Coleridge, helped to launch the Romantic Age in English literature with the 1798 joint publication Lyrical Ballads....

, whose early enthusiasm for the ideas of the French Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...

 he shared. In the autumn of 1797 he made a tour in the Midlands counties with William Godwin
William Godwin
William Godwin was an English journalist, political philosopher and novelist. He is considered one of the first exponents of utilitarianism, and the first modern proponent of anarchism...

. He spent a week in Godwin's house in 1797, assisting the distraught Godwin, whose wife Mary Wollstonecraft
Mary Wollstonecraft
Mary Wollstonecraft was an eighteenth-century British writer, philosopher, and advocate of women's rights. During her brief career, she wrote novels, treatises, a travel narrative, a history of the French Revolution, a conduct book, and a children's book...

 was dying, following the birth of a daughter
Mary Shelley
Mary Shelley was a British novelist, short story writer, dramatist, essayist, biographer, and travel writer, best known for her Gothic novel Frankenstein: or, The Modern Prometheus . She also edited and promoted the works of her husband, the Romantic poet and philosopher Percy Bysshe Shelley...

.

He was called to the bar on 19 May 1798. By Sir James Mackintosh, whose acquaintance he soon afterwards made, and with whom he went the Norfolk circuit, he was converted to political moderation and the study of Francis Bacon
Francis Bacon
Francis Bacon, 1st Viscount St Albans, KC was an English philosopher, statesman, scientist, lawyer, jurist, author and pioneer of the scientific method. He served both as Attorney General and Lord Chancellor of England...

. Montagu was also a friend of Samuel Parr
Samuel Parr
Samuel Parr , was an English schoolmaster, writer, minister and Doctor of Law. He was known in his time for political writing, and as "the Whig Johnson", though his reputation has lasted less well that Samuel Johnson's, and the resemblances were at a superficial level, Parr being no prose stylist,...

. Montagu never became eminent as a pleader, but he gradually acquired a practice in chancery and bankruptcy; his leisure time he devoted to legal and literary work.

Appointed by Lord Erskine
Lord Erskine
The Lordship of Parliament of Erskine was created around 1426 for Sir Robert Erskine. The sixth lord was created Earl of Mar in 1565, with which title the lordship then merged.-Lords Erskine :...

, 1806–7, to a commissionership in bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....

, Montau set himself to reform the bankruptcy law. He also founded in 1809 the Society for the Diffusion of Knowledge upon the Punishment of Death. In July 1825 he gave evidence before the chancery commission, and suggested a radical reform. In Trinity term 1835 Montagu was made K.C., and soon afterwards accountant-general in bankruptcy. His tenure of this office, which lasted until 1846, he established the liability of the Bank of England
Bank of England
The Bank of England is the central bank of the United Kingdom and the model on which most modern central banks have been based. Established in 1694, it is the second oldest central bank in the world...

 to pay interest on bankruptcy deposits.

He was a member of the Athenæum Club, and his town house, 25 Bedford Square, was for many years a centre of reunion for London literary society. He was one of the most attentive listeners to Coleridge's monologues at Highgate
Highgate
Highgate is an area of North London on the north-eastern corner of Hampstead Heath.Highgate is one of the most expensive London suburbs in which to live. It has an active conservation body, the Highgate Society, to protect its character....

. He died at Boulogne-sur-Mer
Boulogne-sur-Mer
-Road:* Metropolitan bus services are operated by the TCRB* Coach services to Calais and Dunkerque* A16 motorway-Rail:* The main railway station is Gare de Boulogne-Ville and located in the south of the city....

 on 27 November 1851.

Works

In 1801 he published ‘A Summary of the Law of Set Off, with an Appendix of Cases argued and determined in the Courts of Law and Equity upon that subject,’ London, on an intricate branch of the law; and between 1805 and 1807 compiled ‘A Digest of the Bankrupt Laws, with a Collection of the Cases argued and determined in the Courts of Law and Equity upon that subject,’ London, 4 vols. In 1809 he published ‘An Enquiry respecting the Expediency of Limiting the Creditor's power to refuse a Bankrupt's Certificate,’ London; in 1810 an ‘Enquiry respecting the Mode of Issuing Commissions in Bankruptcy,’ London, a protest against the practice then in vogue of initiating bankruptcy proceedings by means of secret commissions; and in 1811 ‘Enquiries respecting the Administration of Bankrupts' Estates by Assignees,’ London.

He published in 1809 a volume of selections entitled ‘The Opinions of different Authors upon the Punishment of Death,’ London; and in subsequent years a variety of pamphlets on the same topic. In 1813 appeared his ‘Enquiries respecting the Proposed Alteration of the Law of Copyright as it affects Authors and Universities,’ London; in 1815 ‘A Digest of the Law of Partnership, with a Collection of Cases decided in the Courts of Law and Equity,’ London, 2 vols; and in 1816 ‘Enquiries respecting the Insolvent Debtors' Bill, with the Opinions of Dr. Paley, Mr. Burke, and Dr. Johnson upon Imprisonment for Debt,’ London. ‘A Summary of the Law of Lien’ followed, and ‘Suggestions respecting the Improvement of the Bankrupt Laws’ in 1821, London; ‘Some Observations upon the Bill for the Improvement of the Bankrupt Laws’ in 1822, London; ‘A Summary of the Law of Composition with Creditors’ in 1823, London; and ‘A Digest of Pleading in Equity, with Notes of the Cases decided in different Courts of Equity upon that subject,’ in 1824, London, 2 vols.

In 1825 he exposed the delay and expense involved in the existing bankruptcy procedure in ‘Inquiries respecting the Courts of Commissioners of Bankrupts and Lord Chancellor's Court,’ London. In 1826 he edited ‘The Evidence in Bankruptcy before the Chancery Commission, with the Report,’ London; and in 1826–7 published two ‘Letters on the Report of the Chancery Commissioners to the Right Honourable Robert Peel,’ London. He also published in 1827 ‘Observations upon the Act for Consolidating the Bankrupt Laws,’ London; ‘Reform,’ London, 8vo (a tract mainly relating to bankruptcy); and with Francis Gregg ‘A Digest of the Bankrupt Laws as altered by the New Statutes,’ London, 2 vols. ‘Letters on the Bankrupt Laws to Edward Burtenshaw Sugden, Esq.’ (Sugden was later Lord St. Leonards), followed in 1829; and in 1831 ‘The New Bankrupt Court Act, arranged with a copious Index and Observations upon the Erroneous Principle on which it is Founded,’ London, 1831.

In 1837 he published, with Scrope Ayrton, ‘The Law and Practice in Bankruptcy as altered by the New Statutes, Orders, and Decisions,’ London, 2 vols.; 2nd edit. 1844. Montagu also published several series of bankruptcy reports: with John Macarthur
John MacArthur
John MacArthur may refer to:* John Macarthur , Australian wool industry pioneer and Rum Rebel* John McArthur, Jr. , American architect* John McArthur , Union general during the American Civil War...

, London, 1830, 1832; with Scrope Ayrton, 1834–9, 3 vols.; with Richard Bligh
Richard Bligh
Sir Richard Rodney Bligh GCB was an officer of the Royal Navy, who saw service during the American War of Independence, and the French Revolutionary and Napoleonic Wars, eventually rising to the rank of Admiral....

, 1835; with Edward Chitty, 1840; with Edward E. Deacon and John De Gex, 1842–5, 3 vols.

To the Retrospective Review Montagu contributed in 1821 two articles on the Novum Organum
Novum Organum
The Novum Organum, full original title Novum Organum Scientiarum, is a philosophical work by Francis Bacon, written in Latin and published in 1620. The title translates as new instrument, i.e. new instrument of science. This is a reference to Aristotle's work Organon, which was his treatise on...

of Francis Bacon, whose Works he edited, in 16 vols., between 1825 and 1837. He attempted to rehabilitate Bacon's character as a man. Thomas Babington Macaulay criticised Montagu in a celebrated Essay on Bacon, originally published in the Edinburgh Review
Edinburgh Review
The Edinburgh Review, founded in 1802, was one of the most influential British magazines of the 19th century. It ceased publication in 1929. The magazine took its Latin motto judex damnatur ubi nocens absolvitur from Publilius Syrus.In 1984, the Scottish cultural magazine New Edinburgh Review,...

for July 1837. In 1841 Montagu began the publication of Letters to the Right Hon. T. B. Macaulay upon the Review of the Life of Lord Bacon; only the first, however, dealing with Bacon's conduct in Peacham's case, appeared. Montagu's edition was effectively superseded by James Spedding
James Spedding
James Spedding was an English author, chiefly known as the editor of the works of Francis Bacon.-Life:He was born in Cumberland, the younger son of a country squire, and was educated at Bury St Edmunds and Trinity College, Cambridge; where he took a second class in the classical tripos, and was...

's work from 1860; he was assisted in it by Francis Wrangham and William Page Wood, who were responsible for the translations of the Latin treatises.

Montagu also published a volume of Essays, mainly reprints, with ‘An Outline of a Course of Lectures upon the Conduct of the Understanding,’ London, 1824; ‘Thoughts on Laughter,’ London, 1830; ‘Thoughts of Divines and Philosophers,’ London, 1832, (a volume of selections); ‘Lectures delivered at the Mechanics' Institution upon the connexion between Knowledge and Happiness,’ London, 1832; ‘Essays and Selections,’ London, 1837; and ‘Thoughts on the Conduct of the Understanding,’ a fragment of a magnum opus which he had on hand for thirty years, printed for private circulation, probably in 1847.

Montagu published a long series of pamphlets denouncing the death penalty (1811–30), and two on the emancipation of the Jews (1833–4). Other works were:
  • ‘Enquiries and Observations respecting the University Library,’ Cambridge, 1805;
  • ‘Selections from the Works of Taylor, Hooker, Hall, and Lord Bacon, with an Analysis of the Advancement of Learning,’ London, 1805;
  • ‘An Examination of some Observations upon a passage in Dr. Paley's Moral Philosophy on the Punishment of Death,’ London, 1810;
  • ‘Some Enquiries into the Effects of Fermented Liquors,’ London, 1814;
  • ‘Some Thoughts upon Liberty, and the Rights of Englishmen,’ London, 1819;
  • ‘The Private Tutor, or Thoughts upon the Love of Excelling and the Love of Excellence,’ London, 1820;
  • ‘A Letter to the Right Hon. Charles, Lord Cottenham, Lord High Chancellor of Great Britain, on the Separation of the Judicial and Political Functions of the Lord Chancellor,’ London, 1836;
  • ‘Knowledge, Error, Prejudice, and Reform,’ London, 1836;
  • ‘Rules for the Construction of Statutes, Deeds, and Wills,’ London, 1836;
  • ‘Adam in Paradise, or a View of Man in his first State,’ London, 1837, (a reprint of Robert South
    Robert South
    Robert South was an English churchman, known for his combative preaching.-Early life:He was the son of Robert South, a London merchant, and Elizabeth Berry...

    's sermon on Gen. i. 27);
  • ‘A Letter addressed to Charles Purton Cooper, Esq., Secretary to the Commissioners on the Public Records upon the Report of the recent Record Committee,’ London, 1837;
  • ‘The Law of Parliamentary Elections’ (with W. Johnson Neale), London, 1839;
  • ‘The Funerals of the Quakers,’ London, 1840;
  • ‘The Law and Practice upon Election Petitions before Committees of the House of Commons,’ London, 1840;
  • ‘Three Lectures on the Works of Lord Bacon’ (unknown date).

Family

Montagu married three time:
  1. On 4 September 1790, Caroline Matilda Want of Brampton, Huntingdonshire;
    • at Glasgow, in 1801, Laura, eldest daughter of Sir William Beaumaris Rush of Roydon
      Roydon
      Roydon may refer to:* the given name of Roydon Hayes , New Zealander cricketer*Roydon, Essex, English village*Roydon, King's Lynn and West Norfolk, English village*Roydon, South Norfolk, English village...

      , Suffolk
      Suffolk
      Suffolk is a non-metropolitan county of historic origin in East Anglia, England. It has borders with Norfolk to the north, Cambridgeshire to the west and Essex to the south. The North Sea lies to the east...

      , and Wimbledon
      Wimbledon, London
      Wimbledon is a district in the south west area of London, England, located south of Wandsworth, and east of Kingston upon Thames. It is situated within Greater London. It is home to the Wimbledon Tennis Championships and New Wimbledon Theatre, and contains Wimbledon Common, one of the largest areas...

      , Surrey
      Surrey
      Surrey is a county in the South East of England and is one of the Home Counties. The county borders Greater London, Kent, East Sussex, West Sussex, Hampshire and Berkshire. The historic county town is Guildford. Surrey County Council sits at Kingston upon Thames, although this has been part of...

      ; (3) the widow of Thomas Skepper, lawyer, of York
      York
      York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...

      .


He had by his first wife a son Edward, mentioned in Wordsworth's lines ‘To my Sister’ and ‘Anecdotes for Fathers’. By his second wife he had three sons; and two sons and a daughter by his third wife. All his children but two (his daughter and one of his sons by his third wife) died in his lifetime. His third wife, whose maiden name was Benson, was the daughter of a wine merchant of York, and in her youth had known Robert Burns
Robert Burns
Robert Burns was a Scottish poet and a lyricist. He is widely regarded as the national poet of Scotland, and is celebrated worldwide...

 (cf. his complimentary letter to her dated Dumfries
Dumfries
Dumfries is a market town and former royal burgh within the Dumfries and Galloway council area of Scotland. It is near the mouth of the River Nith into the Solway Firth. Dumfries was the county town of the former county of Dumfriesshire. Dumfries is nicknamed Queen of the South...

, 21 March 1793, in his Correspondence). She in middle age fascinated Edward Irving
Edward Irving
*For Edward Irving, the Canadian geologist, see Edward A. Irving.Edward Irving was a Scottish clergyman, generally regarded as the main figure behind the foundation of the Catholic Apostolic Church.-Youth:...

, who gave her the sobriquet of ‘the noble lady.’ Thomas Carlyle
Thomas Carlyle
Thomas Carlyle was a Scottish satirical writer, essayist, historian and teacher during the Victorian era.He called economics "the dismal science", wrote articles for the Edinburgh Encyclopedia, and became a controversial social commentator.Coming from a strict Calvinist family, Carlyle was...

, introduced to her by Irving in 1824, corresponded with her; and during the earlier years of his residence in London was a frequent visitor at 25 Bedford Square. Carlyle was offended by an offer of a clerkship at £200 a year which Montagu made him in 1837. His early letters to her were printed for private circulation by her daughter by her first husband, Mrs. Procter, soon after the publication of the ‘Reminiscences’ (see Bryan Waller Procter).

A portrait of Montagu by Opie was lent by Bryan Waller Procter (‘Barry Cornwall’) to the third Loan Exhibition (No. 183).

External links



Attribution
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK