John Kelynge
Encyclopedia
John Kelynge KS was an English judge and Chief Justice of the King’s Bench
.
on 22 January 1624. His father was of the same inn and is described as a resident of Hertford
. He was called to the bar on 10 February, 1632, and from this time to the Restoration, no mention is made of him in the reports. Lord Clarendon
describes him to the king
as "a person of eminent learning, eminent suffering, never wore his gown after the rebellion, but was always in gaol;" and he himself, on his being made a judge in 1663, speaks of his "twenty years' silence."
called by Charles II
on 4 July 1660, to take the degree at the following Michaelmas; and was immediately engaged on the part of the crown to advise with the judges relative to the proceedings to be adopted against the regicides. He is named as counsel on the trials of Colonel Hacker
and William Heveningham
; and in the next year in that of John James a fifth-monarchy man
. Returned as member for Bedford
to the Parliament that met in May, 1661, he prepared the Act of Uniformity
, passed in the next year. On 8 November, he was made king's Serjeant
, and in that character was one of the counsel on the trial of Sir Harry Vane
, towards whom his conduct was unfeelingly harsh and insulting.
on 18 June 1663. If he was present, as he is stated to have been, at the noted trial of the witches at Bury
before Chief Baron Hale
, in March 1664, he must have been Hale's coadjutor on the circuit, and not serjeant, as the account of the trial calls him. The dissatisfaction with the verdict which he is represented to have expressed seems to proceed, not from his disbelief in the existence of witchcraft
, but from his opinion that the evidence was not sufficient to convict them.
Within two years after his promotion the death of Sir Robert Hyde
made a vacancy in the office of chief justice of the King's Bench
. It remained unfilled for nearly seven months, when Kelynge, on 21 November 1665, was elevated to the post. He retained it during the remainder of his life, with little reputation as a lawyer, and frequently incurring censure by his want of temper and discretion.
, he had bound over Mr. Roger Pepys to his good behaviour for speaking slightly of Chief Justice Hyde
at a town sessions: and in 1667 complaints were made against him in parliament by gentlemen of the county for divers "high proceedings" in the execution of his office, as fining of juries, &c.; for which he was obliged to answer before the House of Commons
. That body voted his proceedings to be illegal and tending to the introduction of arbitrary government, and at first seemed inclined to proceed with great severity, ordering that he should be brought to trial: but in the end, by the mediation of his friends, the matter was allowed to drop. Again in 1670 he was obliged to apologise publicly in the House of Lords
for rudely affronting Lord Holles
on a trial in the court of King's Bench
. Sir Thomas Raymond however, in recording his death, calls him "a learned, faithful, and resolute judge." He collected various crown cases in which he was the judge, which were published after his death by Chief Justice Holt
.
on 9 May 1671, leaving a son who was named in 1660 as one of the intended knights of the Royal Oak, and who afterwards was knighted and became king's Serjeant
. The family name of the mother of that son has not been found, but the register of St. Andrew's, Holborn, records her burial under her Christian name Mary on 26 September 1667; and the judge's marriage with Mrs. Elizabeth Bassett, on 23 March 1667/8. In 1684 one of his grandsons was living at Southill, Bedfordshire
. Whether the William Kelynge who reported cases in the reign of George II was of the judge's family does not appear.
This article incorporates text from Foss's
Judges of England, a publication now in the public domain.
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
.
Early career
Kelynge was admitted into the Inner TempleInner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, 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...
on 22 January 1624. His father was of the same inn and is described as a resident of Hertford
Hertford
Hertford is the county town of Hertfordshire, England, and is also a civil parish in the East Hertfordshire district of the county. Forming a civil parish, the 2001 census put the population of Hertford at about 24,180. Recent estimates are that it is now around 28,000...
. He was called to the bar on 10 February, 1632, and from this time to the Restoration, no mention is made of him in the reports. Lord Clarendon
Edward Hyde, 1st Earl of Clarendon
Edward Hyde, 1st Earl of Clarendon was an English historian and statesman, and grandfather of two English monarchs, Mary II and Queen Anne.-Early life:...
describes him to the king
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
as "a person of eminent learning, eminent suffering, never wore his gown after the rebellion, but was always in gaol;" and he himself, on his being made a judge in 1663, speaks of his "twenty years' silence."
Serjeant-at-law
With such claims it is not surprising that he was included in the first batch of new SerjeantsSerjeant-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...
called by Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
on 4 July 1660, to take the degree at the following Michaelmas; and was immediately engaged on the part of the crown to advise with the judges relative to the proceedings to be adopted against the regicides. He is named as counsel on the trials of Colonel Hacker
Francis Hacker
Colonel Francis Hacker was an English soldier who fought for Parliament during the English Civil War and one of the Regicides of King Charles I of England....
and William Heveningham
William Heveningham
William Heveningham was an English politician who sat in the House of Commons from 1640 to 1653. He supported the Parliamentary cause in the English Civil War and was one of the Regicides of Charles I of England....
; and in the next year in that of John James a fifth-monarchy man
Fifth Monarchists
The Fifth Monarchists or Fifth Monarchy Men were active from 1649 to 1661 during the Interregnum, following the English Civil Wars of the 17th century. They took their name from a prophecy in the Book of Daniel that four ancient monarchies would precede Christ's return...
. Returned as member for Bedford
Bedford (UK Parliament constituency)
Bedford is a parliamentary constituency represented in the House of Commons of the Parliament of the United Kingdom. The seat was established in its current form in 1997, restoring a centuries old name. It elects one Member of Parliament by the first-past-the-post system of election...
to the Parliament that met in May, 1661, he prepared the Act of Uniformity
Act of Uniformity 1662
The Act of Uniformity was an Act of the Parliament of England, 13&14 Ch.2 c. 4 ,The '16 Charles II c. 2' nomenclature is reference to the statute book of the numbered year of the reign of the named King in the stated chapter...
, passed in the next year. On 8 November, he was made king's Serjeant
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...
, and in that character was one of the counsel on the trial of Sir Harry Vane
Henry Vane the Younger
Sir Henry Vane , son of Henry Vane the Elder , was an English politician, statesman, and colonial governor...
, towards whom his conduct was unfeelingly harsh and insulting.
Judicial career
The resignation of Mr. Justice Malet opening the way for his further advancement, he was appointed to fill the vacant seat in the King's BenchKing's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
on 18 June 1663. If he was present, as he is stated to have been, at the noted trial of the witches at Bury
Bury
Bury is a town in Greater Manchester, England. It lies on the River Irwell, east of Bolton, west-southwest of Rochdale, and north-northwest of the city of Manchester...
before Chief Baron Hale
Matthew Hale (jurist)
Sir Matthew Hale SL was an influential English barrister, judge and jurist most noted for his treatise Historia Placitorum Coronæ, or The History of the Pleas of the Crown. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict...
, in March 1664, he must have been Hale's coadjutor on the circuit, and not serjeant, as the account of the trial calls him. The dissatisfaction with the verdict which he is represented to have expressed seems to proceed, not from his disbelief in the existence of witchcraft
Witchcraft
Witchcraft, in historical, anthropological, religious, and mythological contexts, is the alleged use of supernatural or magical powers. A witch is a practitioner of witchcraft...
, but from his opinion that the evidence was not sufficient to convict them.
Within two years after his promotion the death of Sir Robert Hyde
Robert Hyde
Sir Robert Hyde was an English judge and Chief Justice of the King’s Bench.-Early career:Hyde, who was born at his father's house, Heale, near Salisbury, in 1595, was second son of Sir Lawrence Hyde, attorney-general to Anne, the consort of James I, by his wife, Barbara Castilion of Marsh Benham,...
made a vacancy in the office of chief justice of the King's Bench
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
. It remained unfilled for nearly seven months, when Kelynge, on 21 November 1665, was elevated to the post. He retained it during the remainder of his life, with little reputation as a lawyer, and frequently incurring censure by his want of temper and discretion.
Controversies
In 1664, while puisne judgePuisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
, he had bound over Mr. Roger Pepys to his good behaviour for speaking slightly of Chief Justice Hyde
Robert Hyde
Sir Robert Hyde was an English judge and Chief Justice of the King’s Bench.-Early career:Hyde, who was born at his father's house, Heale, near Salisbury, in 1595, was second son of Sir Lawrence Hyde, attorney-general to Anne, the consort of James I, by his wife, Barbara Castilion of Marsh Benham,...
at a town sessions: and in 1667 complaints were made against him in parliament by gentlemen of the county for divers "high proceedings" in the execution of his office, as fining of juries, &c.; for which he was obliged to answer before the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
. That body voted his proceedings to be illegal and tending to the introduction of arbitrary government, and at first seemed inclined to proceed with great severity, ordering that he should be brought to trial: but in the end, by the mediation of his friends, the matter was allowed to drop. Again in 1670 he was obliged to apologise publicly in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
for rudely affronting Lord Holles
Denzil Holles, 1st Baron Holles
Denzil Holles, 1st Baron Holles PC was an English statesman and writer, best known as one of the five members of parliament whom King Charles I of England attempted to arrest in 1642.-Early life:...
on a trial in the court of King's Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
. Sir Thomas Raymond however, in recording his death, calls him "a learned, faithful, and resolute judge." He collected various crown cases in which he was the judge, which were published after his death by Chief Justice Holt
John Holt (judge)
Sir John Holt was an English lawyer and served as Lord Chief Justice of England from 17 April 1689 to his death.-Biography:...
.
Death and posterity
He died at his house in Hatton GardenHatton Garden
Hatton Garden is a street and area near Holborn in London, England. It is most famous for being London’s jewellery quarter and centre of the UK diamond trade, but the area is also now home to a diverse range of media and creative businesses....
on 9 May 1671, leaving a son who was named in 1660 as one of the intended knights of the Royal Oak, and who afterwards was knighted and became king's Serjeant
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...
. The family name of the mother of that son has not been found, but the register of St. Andrew's, Holborn, records her burial under her Christian name Mary on 26 September 1667; and the judge's marriage with Mrs. Elizabeth Bassett, on 23 March 1667/8. In 1684 one of his grandsons was living at Southill, Bedfordshire
Southill, Bedfordshire
Southill is a village and civil parish in Bedfordshire, England, about from Biggleswade.The principal residence, Southill Park, was formerly the home of the Viscounts Torrington, but was bought at the end of the 18th century by Samuel Whitbread....
. Whether the William Kelynge who reported cases in the reign of George II was of the judge's family does not appear.
This article incorporates text from Foss's
Edward Foss
Edward Foss was an English lawyer and biographer.He was born in London. He became a solicitor, and on his retirement from practice in 1840, devoted himself to the study of legal antiquities. His Judges of England was regarded as a standard work, characterized by accuracy and extensive research...
Judges of England, a publication now in the public domain.