Francis Wythens
Encyclopedia
Sir Francis Wythens SL
KC (c. 1635 – 9 May 1704) was a British judge and politician.
on 13 November 1650 before joining the Middle Temple
on 27 November 1654. He was called to the Bar there on 9 February 1660, later becoming a Bencher
, and in 1677 became Deputy Steward of Westminster; this started his interest in politics, and in September 1679 he was returned as a Member of Parliament for Westminster
. This was done illegally; supporters of the King were brought in to boost Wythens's votes, and a book containing 700 votes for the other candidate "was artificially mislaid and lost by the officers trusted". On 25 November 1679 he defended Thomas Knox, accused of libel against Titus Oates
, and on 2 July 1680 prosecuted Henry Care
for publishing Roman Catholic works. These marked him as a member of the Tory political faction, which was in power at the time; he was rewarded with a knighthood and promotion to King's Counsel. As a result of his corrupt election, when Parliament eventually met in October 1680 he was expelled from the House of Commons.
Despite this setback his work at the bar continued to increase; he prosecuted Edward Fitzharris
and took part in other high profile trials, and when the Tory domination of British politics increased, was made a Serjeant-at-Law
in April 1683. On 25 April he became a Justice of the King's Bench
, apparently because he could be trusted to implement royal policy. Wythens oversaw the prosecution of the Rye House Plot
ters and the conviction of Titus Oates
for perjury before travelling to the West Counties following the Monmouth Rebellion
. He was dismissed as a Justice on 21 April 1687, apparently for refusing to institute martial law in peace time; he was replaced by Richard Allibond
. Wythens's removal has been called "one of the most serious charges against James II
". After a return to practise as a barrister, Wythens died on 9 May 1704.
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
KC (c. 1635 – 9 May 1704) was a British judge and politician.
Life
Born to William Wythens and his wife Frances King, Wythens matriculated at St John's College, OxfordSt John's College, Oxford
__FORCETOC__St John's College is a constituent college of the University of Oxford, one of the larger Oxford colleges with approximately 390 undergraduates, 200 postgraduates and over 100 academic staff. It was founded by Sir Thomas White, a merchant, in 1555, whose heart is buried in the chapel of...
on 13 November 1650 before joining the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known 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 and Lincoln's Inn...
on 27 November 1654. He was called to the Bar there on 9 February 1660, later becoming a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
, and in 1677 became Deputy Steward of Westminster; this started his interest in politics, and in September 1679 he was returned as a Member of Parliament for Westminster
Westminster (UK Parliament constituency)
Westminster was a parliamentary constituency in the Parliament of England to 1707, the Parliament of Great Britain 1707-1800 and the Parliament of the United Kingdom from 1801. It returned two members to 1885 and one thereafter....
. This was done illegally; supporters of the King were brought in to boost Wythens's votes, and a book containing 700 votes for the other candidate "was artificially mislaid and lost by the officers trusted". On 25 November 1679 he defended Thomas Knox, accused of libel against Titus Oates
Titus Oates
Titus Oates was an English perjurer who fabricated the "Popish Plot", a supposed Catholic conspiracy to kill King Charles II.-Early life:...
, and on 2 July 1680 prosecuted Henry Care
Henry Care
-Life:Care edited a paper called the Weekly Pacquet of Advice from Rome. It began as a serial publication covering the history of the Protestant Reformation. After the publicity for the alleged Popish Plot of 1678, he wrote against the Church of England and its members, then supposed by some to be...
for publishing Roman Catholic works. These marked him as a member of the Tory political faction, which was in power at the time; he was rewarded with a knighthood and promotion to King's Counsel. As a result of his corrupt election, when Parliament eventually met in October 1680 he was expelled from the House of Commons.
Despite this setback his work at the bar continued to increase; he prosecuted Edward Fitzharris
Edward Fitzharris
Edward Fitzharris was an Anglo-Irish conspirator. His prosecution at the time of the Popish Plot hoax became a struggle for jurisdiction involving the courts and the two Houses of Parliament.-Life:...
and took part in other high profile trials, and when the Tory domination of British politics increased, was made a Serjeant-at-Law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
in April 1683. On 25 April he became a Justice of the King's Bench
Justice of the King's Bench
Justice of the King's Bench, or Justice of the Queen's Bench during the reign of a female monarch, was a puisne judicial position within the Court of King's Bench, under the Chief Justice. The King's Bench was a court of common law which modern academics argue was founded independently in 1234,...
, apparently because he could be trusted to implement royal policy. Wythens oversaw the prosecution of the Rye House Plot
Rye House Plot
The Rye House Plot of 1683 was a plan to assassinate King Charles II of England and his brother James, Duke of York. Historians vary in their assessment of the degree to which details of the conspiracy were finalized....
ters and the conviction of Titus Oates
Titus Oates
Titus Oates was an English perjurer who fabricated the "Popish Plot", a supposed Catholic conspiracy to kill King Charles II.-Early life:...
for perjury before travelling to the West Counties following the Monmouth Rebellion
Monmouth Rebellion
The Monmouth Rebellion,The Revolt of the West or The West Country rebellion of 1685, was an attempt to overthrow James II, who had become King of England, King of Scots and King of Ireland at the death of his elder brother Charles II on 6 February 1685. James II was a Roman Catholic, and some...
. He was dismissed as a Justice on 21 April 1687, apparently for refusing to institute martial law in peace time; he was replaced by Richard Allibond
Richard Allibond
Sir Richard Allibond or Allibone was an English judge and justice of the King's Bench.-Biography:He was a son of Job Allibond, and grandson of Peter Allibond, D.D., the rector of Chenies, Buckinghamshire...
. Wythens's removal has been called "one of the most serious charges against James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
". After a return to practise as a barrister, Wythens died on 9 May 1704.