James Montagu (judge)
Encyclopedia
Sir James Montagu SL
QC
(2 February 1666 – 1723) was an English barrister, and judge. As a politician, he sat in the House of Commons at various times between 1695 and 1713 and served as Solicitor General and Attorney General.
of Horton, Northamptonshire
, by his wife Elizabeth Irby, daughter of Sir Anthony Irby. His grandfather was Henry Montagu, 1st Earl of Manchester
. He was entered at the Middle Temple
, and called to the bar.
In 1695 Montagu became Member of Parliament
for Tregony
, and for Beeralston
in 1698, when he was also made chief justice of Ely
. In 1704 he successfully defended John Tutchin
, indicted for a libel published in his periodical, The Observator, and two years later he was leading counsel in the prosecution of Beau Fielding for bigamy
in marrying the Duchess of Cleveland. In 1705 he was committed by the House of Commons to the custody of the serjeant-at-arms for having in 1704 demanded a habeas corpus
on behalf of the group of Aylesbury
men, whom the house had committed to Newgate Prison
for bringing actions against the returning officer
; Montagu pleaded strongly against the privilege claimed by the Commons. He remained in custody from 26 February to 14 March, when parliament was prorogued and afterwards dissolved. In April 1705 he was knighted at Cambridge, and was made a Q.C. in November of the same year.
In the second parliament of Queen Anne, Montagu was returned for Carlisle
; he became solicitor-general
in 1707, and was attorney-general
from 1708 to 1710, when the queen granted him a pension. This pension was made the subject of a motion brought before the house in 1711, in which Colonel Gledhill represented it as intended to defray the expenses of Montagu's election at Carlisle; the charge was, however, disproved. As attorney-general Montagu opened the case in the House of Lords against Henry Sacheverell
. He became serjeant-at-law
on 26 October 1714, was made baron of the exchequer on 22 November 1714, and was lord commissioner of the great seal (on the resignation of Lord Cowper
) from 18 April to 12 May 1718, when Lord Parker
became lord chancellor. Montagu succeeded Sir Thomas Bury as chief baron of the exchequer in May 1722. He died on 1 October 1723.
in 1694. She died in 1712, and he married as his second wife his cousin Elizabeth, daughter of Robert Montagu, 3rd Earl of Manchester
, by whom he had a son Charles, afterwards M.P. for St. Albans, and a daughter Elizabeth, who married Sir Clement Wearg
. Montagu's brother was Charles Montagu, 1st Earl of Halifax
.
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...
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(2 February 1666 – 1723) was an English barrister, and judge. As a politician, he sat in the House of Commons at various times between 1695 and 1713 and served as Solicitor General and Attorney General.
Life
Montagu was the sixth son of George MontaguGeorge Montagu (died 1681)
George Montagu was an English politician who sat in the House of Commons at various times between 1640 and 1679.Montagu was born at Westminster, the son of Henry Montagu, 1st Earl of Manchester. He was at school in Amersham, Buckinghamshire under Dr Croke and was admitted at Christ's College,...
of Horton, Northamptonshire
Horton, Northamptonshire
Horton is named from the Old English meaning "muddy farmstead" and lies in the English county of Northamptonshire. It was originally an estate village, serving the now demolished Horton House and it is close to its neighbouring village Hackleton...
, by his wife Elizabeth Irby, daughter of Sir Anthony Irby. His grandfather was Henry Montagu, 1st Earl of Manchester
Henry Montagu, 1st Earl of Manchester
Sir Henry Montagu, 1st Earl of Manchester was an English judge, politician and peer.-Life:He was the grandson of Sir Edward Montagu, Lord Chief Justice of the King's Bench from 1539 to 1545, who was named by King Henry VIII one of the executors of his will, and governor to his son, Edward VI.Born...
. He was entered at 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...
, and called to the bar.
In 1695 Montagu became Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Tregony
Tregony (UK Parliament constituency)
Tregony was a rotten borough in Cornwall which was represented in the Model Parliament of 1295, and returned two Members of Parliament to the English and later British Parliament continuously from 1562 to 1832, when it was abolished by the Great Reform Act....
, and for Beeralston
Bere Alston (UK Parliament constituency)
Bere Alston or Beeralston was a parliamentary borough in Devon, which elected two Members of Parliament to the House of Commons from 1584 until 1832, when the constituency was abolished by the Great Reform Act as a rotten borough.-History:...
in 1698, when he was also made chief justice of Ely
Ely, Cambridgeshire
Ely is a cathedral city in Cambridgeshire, England, 14 miles north-northeast of Cambridge and about by road from London. It is built on a Lower Greensand island, which at a maximum elevation of is the highest land in the Fens...
. In 1704 he successfully defended John Tutchin
John Tutchin
John Tutchin was a radical Whig controversialist and gadfly English journalist , whose The Observator and earlier political activism earned him multiple trips before the bar. He was of a Puritan background and held strongly anti-Catholic views.-The Bloody Assizes:In 1685 he wrote Poems on several...
, indicted for a libel published in his periodical, The Observator, and two years later he was leading counsel in the prosecution of Beau Fielding for bigamy
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
in marrying the Duchess of Cleveland. In 1705 he was committed by the House of Commons to the custody of the serjeant-at-arms for having in 1704 demanded a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
on behalf of the group of Aylesbury
Aylesbury
Aylesbury is the county town of Buckinghamshire in South East England. However the town also falls into a geographical region known as the South Midlands an area that ecompasses the north of the South East, and the southern extremities of the East Midlands...
men, whom the house had committed to Newgate Prison
Newgate Prison
Newgate Prison was a prison in London, at the corner of Newgate Street and Old Bailey just inside the City of London. It was originally located at the site of a gate in the Roman London Wall. The gate/prison was rebuilt in the 12th century, and demolished in 1777...
for bringing actions against the returning officer
Returning Officer
In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.-Australia:In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office...
; Montagu pleaded strongly against the privilege claimed by the Commons. He remained in custody from 26 February to 14 March, when parliament was prorogued and afterwards dissolved. In April 1705 he was knighted at Cambridge, and was made a Q.C. in November of the same year.
In the second parliament of Queen Anne, Montagu was returned for Carlisle
Carlisle (UK Parliament constituency)
Carlisle is a constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election. It was a Labour seat from 1964 until 2010, although the Conservatives came close to victory in the elections in...
; he became solicitor-general
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
in 1707, and was attorney-general
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
from 1708 to 1710, when the queen granted him a pension. This pension was made the subject of a motion brought before the house in 1711, in which Colonel Gledhill represented it as intended to defray the expenses of Montagu's election at Carlisle; the charge was, however, disproved. As attorney-general Montagu opened the case in the House of Lords against Henry Sacheverell
Henry Sacheverell
Henry Sacheverell was an English High Church clergyman and politician.-Early life:The son of Joshua Sacheverell, rector of St Peter's, Marlborough,...
. He became 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...
on 26 October 1714, was made baron of the exchequer on 22 November 1714, and was lord commissioner of the great seal (on the resignation of Lord Cowper
William Cowper, 1st Earl Cowper
William Cowper, 1st Earl Cowper PC KC FRS was an English politician who became the first Lord Chancellor of Great Britain. Cowper was the son of Sir William Cowper, 2nd Baronet, of Ratling Court, Kent, a Whig member of parliament of some mark in the two last Stuart reigns...
) from 18 April to 12 May 1718, when Lord Parker
Thomas Parker, 1st Earl of Macclesfield
Thomas Parker, 1st Earl of Macclesfield PC, FRS was an English Whig politician.-Youth and early career:He was born in Staffordshire, the son of Thomas Parker, an attorney at Leek. He was educated at Adams' Grammar School and Trinity College, Cambridge...
became lord chancellor. Montagu succeeded Sir Thomas Bury as chief baron of the exchequer in May 1722. He died on 1 October 1723.
Family
Montagu married Tufton Wray, daughter of Sir William Wray, 1st Baronet, of AshbySir William Wray, 1st Baronet, of Ashby
Sir William Wray, 1st Baronet, of Ashby was an English politician. He was the Member of Parliament for Grimsby from 1645-1648 and 1654-1660....
in 1694. She died in 1712, and he married as his second wife his cousin Elizabeth, daughter of Robert Montagu, 3rd Earl of Manchester
Robert Montagu, 3rd Earl of Manchester
Robert Montagu, 3rd Earl of Manchester was an English politician and courtier.-Life:He was born in the parish of St...
, by whom he had a son Charles, afterwards M.P. for St. Albans, and a daughter Elizabeth, who married Sir Clement Wearg
Clement Wearg
Sir Clement Wearg was an English lawyer and politician, solicitor-general from 1724.-Life:He was son and heir of Thomas Wearg of the Inner Temple, who married in 1679 Mary Fletcher of Ely, and was born in London. He was baptised at St. Botolph Without, Aldersgate, where his grandfather, Thomas...
. Montagu's brother was Charles Montagu, 1st Earl of Halifax
Charles Montagu, 1st Earl of Halifax
Charles Montagu, 1st Earl of Halifax, KG, PC, FRS was an English poet and statesman.-Early life:Charles Montagu was born in Horton, Northamptonshire, the son of George Montagu, fifth son of 1st Earl of Manchester...
.