John Walpole Willis
Encyclopedia
John Walpole Willis was an English
-born judge, and a judge of the Supreme Court of New South Wales
.
, the second son of Captain William Willis (of the 13th Light Dragoons) and his wife Mary Hamilton Smyth. He was a descendant of the Willises of Suffolk and Cambridgeshire- from whom descended the Willys Baronets
of Fen Ditton
- through his grandfather, Joseph Willis of Wakefield
, Yorkshire
, where the family had been settled since the seventeenth century. Willis was educated at Rugby
, Charterhouse
(where he was expelled) and Trinity Hall, Cambridge
. He was called to the English bar
and practised as a chancery barrister. In 1820-1 he published his Pleadings in Equity, and in 1827 A Practical Treatise on the Duties and Responsibilities of Trustees.
. Within a few months Willis fell foul of the attorney-general, John Beverley Robinson, a very experienced official, and took the most unusual course of stating in court that Robinson had neglected his duty and that he would feel it necessary "to make a representation on the subject to his majesty's government". He also took a strong stand on the question of the legality of the court as then constituted, and this led in June 1828 to Willis being removed from his position by the lieutenant-governor, Sir Peregrine Maitland
.
Willis returned to England in July, and the question was referred to the privy council
which ruled against Willis. His conduct was treated as an error of judgment and he was given another appointment as a judge in Demerara
, British Guiana.
. Initially Willis was on good terms with Sir James Dowling
who a few months later became chief justice, but in 1839 differences arose, and on one occasion Willis in open court made observations which were taken as a reflection on the chief justice. He also brought forward the question whether the chief justice had forfeited his office by acting as judge of the admiralty court. Matters came to such a pass that in March 1840 the governor, Sir George Gipps
, arranged that Willis should be appointed resident judge at Melbourne
. In Melbourne he came in conflict with the press, the legal fraternity, and members of the public. In October 1842 Gipps stated in a dispatch that: In February 1843 Gipps recommended to Lord Stanley
that Willis should be removed from his position. Willis left Melbourne for London later in February and appealed to the English government. In August 1846 the privy council reversed the order for his dismissal on technical grounds, and he was awarded the arrears of his salary to that date. Willis then offered his resignation, but this was not accepted and his commission was revoked. This course was taken because otherwise it might not have been understood that the order was reversed not as being "unjust in itself, but only as having been made in an improper manner" Willis was never given any other position.
, in 1824—dissolved by act of parliament in 1833—and secondly to Ann Susanna Kent Bund, daughter of Colonel Thomas Henry Bund, in 1836. He was survived by a son (Robert Bruce; 1826-1897) by the first marriage, and by his son John William Willis-Bund
and two daughters by the second marriage.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
-born judge, and a judge of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
.
Early life
Willis was born in Holyhead, AngleseyAnglesey
Anglesey , also known by its Welsh name Ynys Môn , is an island and, as Isle of Anglesey, a county off the north west coast of Wales...
, the second son of Captain William Willis (of the 13th Light Dragoons) and his wife Mary Hamilton Smyth. He was a descendant of the Willises of Suffolk and Cambridgeshire- from whom descended the Willys Baronets
Willys Baronets
There have been two baronetcies granted to the Willyses of Fen Ditton, both in the Baronetage of England. The Willys Baronetcy, of Fen Ditton in Cambridgeshire, was first created in the Baronetage of England on 15 December 1641 for Thomas Willys, son and heir of Richard Willys, of Fen Ditton and...
of Fen Ditton
Fen Ditton
Fen Ditton is a village on the northeast edge of Cambridge in Cambridgeshire, England. The parish covers an area of Fen Ditton lies on the east bank of the River Cam, on the road from Cambridge to Clayhithe, and close to junction 34 of the A14...
- through his grandfather, Joseph Willis of Wakefield
Wakefield
Wakefield is the main settlement and administrative centre of the City of Wakefield, a metropolitan district of West Yorkshire, England. Located by the River Calder on the eastern edge of the Pennines, the urban area is and had a population of 76,886 in 2001....
, Yorkshire
Yorkshire
Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...
, where the family had been settled since the seventeenth century. Willis was educated at Rugby
Rugby School
Rugby School is a co-educational day and boarding school located in the town of Rugby, Warwickshire, England. It is one of the oldest independent schools in Britain.-History:...
, Charterhouse
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...
(where he was expelled) and Trinity Hall, Cambridge
Trinity Hall, Cambridge
Trinity Hall is a constituent college of the University of Cambridge, England. It is the fifth-oldest college of the university, having been founded in 1350 by William Bateman, Bishop of Norwich.- Foundation :...
. He was called to the English bar
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
and practised as a chancery barrister. In 1820-1 he published his Pleadings in Equity, and in 1827 A Practical Treatise on the Duties and Responsibilities of Trustees.
Upper Canada and British Guiana
In 1827 Willis was appointed a puisne judge of the King's bench in Upper CanadaUpper Canada
The Province of Upper Canada was a political division in British Canada established in 1791 by the British Empire to govern the central third of the lands in British North America and to accommodate Loyalist refugees from the United States of America after the American Revolution...
. Within a few months Willis fell foul of the attorney-general, John Beverley Robinson, a very experienced official, and took the most unusual course of stating in court that Robinson had neglected his duty and that he would feel it necessary "to make a representation on the subject to his majesty's government". He also took a strong stand on the question of the legality of the court as then constituted, and this led in June 1828 to Willis being removed from his position by the lieutenant-governor, Sir Peregrine Maitland
Peregrine Maitland
Sir Peregrine Maitland, KCB, GCB was a British soldier and colonial administrator who played first-class cricket from 1798 to 1808....
.
Willis returned to England in July, and the question was referred to the privy council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
which ruled against Willis. His conduct was treated as an error of judgment and he was given another appointment as a judge in Demerara
Demerara
Demerara was a region in South America in what is now Guyana that was colonised by the Dutch in 1611. The British invaded and captured the area in 1796...
, British Guiana.
New South Wales
In 1836 Willis returned to England and was soon afterwards made a judge of the Supreme Court of New South Wales. On 3 November 1837 he arrived in SydneySydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
. Initially Willis was on good terms with Sir James Dowling
James Dowling
Sir James Dowling was an English-born Australian jurist in New South Wales, Chief Justice of the Supreme Court of New South Wales 1837 – 1844....
who a few months later became chief justice, but in 1839 differences arose, and on one occasion Willis in open court made observations which were taken as a reflection on the chief justice. He also brought forward the question whether the chief justice had forfeited his office by acting as judge of the admiralty court. Matters came to such a pass that in March 1840 the governor, Sir George Gipps
George Gipps
Sir George Gipps was Governor of the colony of New South Wales, Australia, for eight years, between 1838 and 1846. His governorship was during a period of great change for New South Wales and Australia, as well as for New Zealand, which was administered as part of New South Wales for much of this...
, arranged that Willis should be appointed resident judge at Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
. In Melbourne he came in conflict with the press, the legal fraternity, and members of the public. In October 1842 Gipps stated in a dispatch that: In February 1843 Gipps recommended to Lord Stanley
Edward Smith-Stanley, 14th Earl of Derby
Edward George Geoffrey Smith-Stanley, 14th Earl of Derby, KG, PC was an English statesman, three times Prime Minister of the United Kingdom, and to date the longest serving leader of the Conservative Party. He was known before 1834 as Edward Stanley, and from 1834 to 1851 as Lord Stanley...
that Willis should be removed from his position. Willis left Melbourne for London later in February and appealed to the English government. In August 1846 the privy council reversed the order for his dismissal on technical grounds, and he was awarded the arrears of his salary to that date. Willis then offered his resignation, but this was not accepted and his commission was revoked. This course was taken because otherwise it might not have been understood that the order was reversed not as being "unjust in itself, but only as having been made in an improper manner" Willis was never given any other position.
Late life
In 1850 Willis published a volume On the Government of the British Colonies, and afterwards lived in retirement in the west of England. He died on 10 September 1877. He was married twice, firstly to Lady Mary Isabella Lyon, elder daughter of Thomas Lyon-Bowes, 11th Earl of Strathmore and KinghorneThomas Lyon-Bowes, 11th Earl of Strathmore and Kinghorne
Thomas Lyon-Bowes, 11th Earl of Strathmore and Kinghorne was the third son of John Bowes, 9th Earl of Strathmore and Kinghorne and Mary Bowes, Countess of Strathmore and Kinghorne...
, in 1824—dissolved by act of parliament in 1833—and secondly to Ann Susanna Kent Bund, daughter of Colonel Thomas Henry Bund, in 1836. He was survived by a son (Robert Bruce; 1826-1897) by the first marriage, and by his son John William Willis-Bund
John William Willis-Bund
John William Bund Willis-Bund was an historian and local Worcestershire politician.Willis-Bund was born in 1843 at Wick Episcopi, Worcestershire, the son of John Walpole Willis and his second wife Ann Susanna Kent Bund. The adoption of his mother's surname was necessary in order to inherit from...
and two daughters by the second marriage.