Nicholas Conyngham Tindal
Encyclopedia
Sir Nicolas Conyngham Tindal (12 December 1776 – 6 July 1846) was a celebrated English lawyer who successfully defended Queen Caroline
at her trial for adultery in 1820. As Chief Justice of Common Pleas, an office he held with distinction from 1829 to 1846, he was responsible for the inception of the special verdict "Not Guilty by reason of insanity" at the trial of Daniel M’Naghten
.
Judge Tindal was born in the Moulsham
area of Chelmsford
, where 199 Moulsham Street is today, and the site is marked with a commemorative plaque.
— a seminal work in its day — and he was also the great great grandnephew of Dr Matthew Tindal
, the deist and author of 'Christianity as Old as the Creation' (known as the 'deist's bible') and descendant of Thomas Clifford, 1st Baron Clifford of Chudleigh
.
Sir Nicolas's branch of the Tindal family were descended from Rev John Tindal, Rector of Bere Ferris in Devon
during the Commonwealth of England
and who has been claimed as the son either of Dean Tyndall or of (his father) Sir John Tyndall, both of Mapplestead, Essex. John Nichols, in the 18th c, set out a genealogy maintaining that the family derived from Baron Adam de Tyndale of Langley Castle
, Northumberland, a tenant-in-chief
of Henry II
, though this has been challenged Through this line, Tindal would have been collaterally descended from William Tyndale
, translator of the bible.
Tindal was descended from a number of great legal figures, all of whom were members of Lincoln's Inn
. Sir John Fortescue
, was a great medieval jurist and Lord Chancellor
of Henry VI of England
; Sir William Yelverton was an earlier Lord Chief Justice of England; Sir Roger Manwood was an Elizabethan Lord Chief Baron of the Exchequer
; and his nephew, John Manwood
, Sir Nicolas's great great great grandfather, was the author of 'the Forest Laws'.
(See also Tyndall
.)
in his home town of Chelmsford
, and later at Trinity College, Cambridge
, where he graduated eighth Wrangler in 1799 and was elected fellow in 1801.
A statue to him stands in his home town, and a house
at his old school
is now dedicated to his memory.
Called to the Bar in Lincoln's Inn in 1810 (having practised as a Special Pleader
for many years, as was then customary), Tindal soon attained a reputation for his learning. In 1818, as counsel in the appeal of Ashford v Thornton, he successfully arguing that Thornton was entitled to trial by battle. It does not appear that his success in the law was followed by success in the battlefield for his client, however, who was deprived of the opportunity by his accuser's unwillingness and a change in the law.
Elected Tory
Member of Parliament
(MP) for the Scottish constituency of Wigtown Burghs from 1824 to 1826; he was MP for Harwich
in 1826 before serving as the Member for Cambridge University
in 1827. Tindal served as Solicitor General
from 1826-1829, when he was appointed to the bench.
An example of Tindal's learning can be found in his speech to the House of Commons in 1826 on a motion to allow counsel to the defence to make a closing speech. Although his conclusion would find little favour today, Tindal demonstrated an appreciation of the role of prosecuting counsel as a minister of justice and the influences of counsel on a jury that would be recognised by any criminal practitioner in the 21st century. Almost as an afterthought, Tindal added a passionate defence of the 'anomalies' of English law that, in his opinion and that of so many others before and since, are its greatest attributes. His speech was made just before he was appointed Solicitor General but, perhaps, reads as one of greater authority than any other in that debate.
At the Bench, Tindal's greatest achievement was to reform significantly the application of the criminal law. By introducing to the common law the special verdict of "Not Guilty by reason of insanity" and of the defence (to murder) of provocation, he left a legacy that remains to this day. Daniel M’Naghten
had assassinated Edward Drummond
, secretary to Sir Robert Peel (then Prime Minister), but there was no doubt that he was seriously mentally ill and he was acquitted in a verdict so sensational that Queen Victoria herself called for him to be retried in the House of Lords. Whilst this undoubtedly offended the principle of double jeopardy
, the House called upon a panel of judges, headed by Tindal, to advise them on the course to take where defendants committed crimes whilst insane. This advice, leading to the special verdict, remains the foundation of the law of insanity throughout the English common law world.
In the case of Regina v Hale, Tindal ruled that, where a defendant was provoked to such a degree that any reasonable man would lose his self-control and then killed the person responsible for that provocation, the defendant would be guilty only of manslaughter. This judgment has also stood the test of time and is the basis of the common law
defence of provocation and was incorporated into section 3 of the Homicide Act 1957
.
The significance of these judgments was to remove the spectre of the noose from many vulnerable prisoners in an era of the widespread application of the death penalty; and to reform the law through the greater recognition of the importance of differing states of mind (mens rea
) in those accused of the most serious crimes. In the context of the century that produced William Wilberforce
, the Earl of Shaftesbury and Benjamin Disraeli, Tindal's reforms to the cruel application of the criminal law deserve to be remembered as social reforms of great importance.
Towards the end of his career, Tindal yet again demonstrated the quality that was to lead to his great popularity amongst the public; namely, his high standard of judicial independence from the state and the wide ambit and discretion he would give to juries. In the case of Frost (1839-40), a prisoner had escaped and led 5,000 armed men into Newport
, where they shot at regular troops. Directing the jury to consider charges of treason
, Tindal said that, were Frost's motives only to free local Chartists from jail, as opposed to intimidating Parliament into enacting radical constitutional reform, they should find him guilty of riot only. Whilst Frost was ultimately convicted, Tindal's direction differed from the legal practice of many of his brother judges at the time and since.
Tindal married Merilina, daughter of Capt. Thomas Symonds, in 1809 and had four children, Vice Admiral Louis Symonds Tindal, Rev Nicolas Tindal (Rector of Chelmsford), Charles Tindal and Merelina Tindal (who married James Whatman Bosanquet of Claysmore and amongst whose descendants was Reginald Bosanquet
). He was buried in Chelmsford and is commemorated by a plaque inside Chelmsford Cathedral
(alongside memorials to other members of his family). In addition to his statue at Chelmsford, there is a portrait of him by Thomas Phillips
, RA (1770–1845) in the Hall at Lincoln's Inn and another in the judges quarters of the Royal Courts of Justice
.
Caroline of Brunswick
Caroline of Brunswick-Wolfenbüttel was the Queen consort of King George IV of the United Kingdom from 29 January 1820 until her death...
at her trial for adultery in 1820. As Chief Justice of Common Pleas, an office he held with distinction from 1829 to 1846, he was responsible for the inception of the special verdict "Not Guilty by reason of insanity" at the trial of Daniel M’Naghten
M'Naghten Rules
The M'Naghten rules were a reaction to the acquittal of Daniel McNaughton. They arise from the attempted assassination of the British Prime Minister, Robert Peel, in 1843 by Daniel M'Naghten. In fact, M'Naghten fired a pistol at the back of Peel's secretary, Edward Drummond, who died five days later...
.
Judge Tindal was born in the Moulsham
Moulsham
Moulsham is a suburb of Chelmsford, Essex, England. It is located to the south of the town centre and has two distinct areas: Old Moulsham and Moulsham Lodge.-History:...
area of Chelmsford
Chelmsford
Chelmsford is the county town of Essex, England and the principal settlement of the borough of Chelmsford. It is located in the London commuter belt, approximately northeast of Charing Cross, London, and approximately the same distance from the once provincial Roman capital at Colchester...
, where 199 Moulsham Street is today, and the site is marked with a commemorative plaque.
Background
Sir Nicolas's father, Robert Tindal, was an attorney in Chelmsford, where his family had lived at Coval Hall for three generations. His great-grandfather, Rev Nicolas Tindal, was the translator and continuer of the History of England by Paul de RapinPaul de Rapin
Paul de Rapin , sieur of Thoyras , was a French historian writing under English patronage....
— a seminal work in its day — and he was also the great great grandnephew of Dr Matthew Tindal
Matthew Tindal
Matthew Tindal was an eminent English deist author. His works, highly influential at the dawn of the Enlightenment, caused great controversy and challenged the Christian consensus of his time.-Life:...
, the deist and author of 'Christianity as Old as the Creation' (known as the 'deist's bible') and descendant of Thomas Clifford, 1st Baron Clifford of Chudleigh
Thomas Clifford, 1st Baron Clifford of Chudleigh
Thomas Clifford, 1st Baron Clifford of Chudleigh , English statesman and politician, was created the first Baron Clifford of Chudleigh on 22 April 1672 for his suggestion that the King supply himself with money by stopping, for one year, all payments out of the Exchequer.He was born in Ugbrooke,...
.
Sir Nicolas's branch of the Tindal family were descended from Rev John Tindal, Rector of Bere Ferris in Devon
Devon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
during the Commonwealth of England
Commonwealth of England
The Commonwealth of England was the republic which ruled first England, and then Ireland and Scotland from 1649 to 1660. Between 1653–1659 it was known as the Commonwealth of England, Scotland and Ireland...
and who has been claimed as the son either of Dean Tyndall or of (his father) Sir John Tyndall, both of Mapplestead, Essex. John Nichols, in the 18th c, set out a genealogy maintaining that the family derived from Baron Adam de Tyndale of Langley Castle
Langley Castle
Langley Castle is a restored medieval tower house, now operated as an hotel, situated in the village of Langley in the valley of the River South Tyne some south of Haydon Bridge, Northumberland, England. It is a Grade I listed building.-Details:...
, Northumberland, a tenant-in-chief
Tenant-in-chief
In medieval and early modern European society the term tenant-in-chief, sometimes vassal-in-chief, denoted the nobles who held their lands as tenants directly from king or territorial prince to whom they did homage, as opposed to holding them from another nobleman or senior member of the clergy....
of Henry II
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
, though this has been challenged Through this line, Tindal would have been collaterally descended from William Tyndale
William Tyndale
William Tyndale was an English scholar and translator who became a leading figure in Protestant reformism towards the end of his life. He was influenced by the work of Desiderius Erasmus, who made the Greek New Testament available in Europe, and by Martin Luther...
, translator of the bible.
Tindal was descended from a number of great legal figures, all of whom were members of Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
. Sir John Fortescue
John Fortescue
thumb|right|John FortescueSir John Fortescue was an English lawyer, and the author of the De laudibus legum Angliae, an influential treatise on English law.-Early life:...
, was a great medieval jurist and Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
of Henry VI of England
Henry VI of England
Henry VI was King of England from 1422 to 1461 and again from 1470 to 1471, and disputed King of France from 1422 to 1453. Until 1437, his realm was governed by regents. Contemporaneous accounts described him as peaceful and pious, not suited for the violent dynastic civil wars, known as the Wars...
; Sir William Yelverton was an earlier Lord Chief Justice of England; Sir Roger Manwood was an Elizabethan Lord Chief Baron of the Exchequer
Lord Chief Baron of the Exchequer
The Chief Baron of the Exchequer was the first "baron" of the English Exchequer of pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who presided in the equity court and answered the bar i.e...
; and his nephew, John Manwood
John Manwood
John Manwood was a barrister of Lincoln's Inn, gamekeeper of Waltham Forest, and Justice in Eyre of the New Forest under Elizabeth I of England...
, Sir Nicolas's great great great grandfather, was the author of 'the Forest Laws'.
(See also Tyndall
Tyndall
Tyndall is the name of an English family taken from the land they held as tenants in chief of the Kings of England and Scotland in the 11th, 12th and 13th centuries: Tynedale, or the valley of the Tyne, in Northumberland...
.)
Career
Tindal was educated at King Edward VI Grammar SchoolKing Edward VI Grammar School (Chelmsford)
King Edward VI Grammar School, or KEGS, is a British grammar school located in the town of Chelmsford, Essex, England. It takes pupils between the ages of 11 and 18 — from Year 7 to 11 the pupils are exclusively male, although it becomes mixed in the sixth form .The present headteacher is Thomas...
in his home town of Chelmsford
Chelmsford
Chelmsford is the county town of Essex, England and the principal settlement of the borough of Chelmsford. It is located in the London commuter belt, approximately northeast of Charing Cross, London, and approximately the same distance from the once provincial Roman capital at Colchester...
, and later at Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
, where he graduated eighth Wrangler in 1799 and was elected fellow in 1801.
A statue to him stands in his home town, and a house
House system
The house system is a traditional feature of British schools, and schools in the Commonwealth. Historically, it was associated with established public schools, where a 'house' refers to a boarding house or dormitory of a boarding school...
at his old school
King Edward VI Grammar School (Chelmsford)
King Edward VI Grammar School, or KEGS, is a British grammar school located in the town of Chelmsford, Essex, England. It takes pupils between the ages of 11 and 18 — from Year 7 to 11 the pupils are exclusively male, although it becomes mixed in the sixth form .The present headteacher is Thomas...
is now dedicated to his memory.
Called to the Bar in Lincoln's Inn in 1810 (having practised as a Special Pleader
Special pleader
A special pleader was a historial legal occupation. The practitioner, or "special pleader" in English law specialised in drafting "pleadings", in modern terminology statements of case.-History:...
for many years, as was then customary), Tindal soon attained a reputation for his learning. In 1818, as counsel in the appeal of Ashford v Thornton, he successfully arguing that Thornton was entitled to trial by battle. It does not appear that his success in the law was followed by success in the battlefield for his client, however, who was deprived of the opportunity by his accuser's unwillingness and a change in the law.
Elected Tory
Tory
Toryism is a traditionalist and conservative political philosophy which grew out of the Cavalier faction in the Wars of the Three Kingdoms. It is a prominent ideology in the politics of the United Kingdom, but also features in parts of The Commonwealth, particularly in Canada...
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,...
(MP) for the Scottish constituency of Wigtown Burghs from 1824 to 1826; he was MP for Harwich
Harwich (UK Parliament constituency)
Harwich was a parliamentary constituency represented in the House of Commons of the Parliament of the United Kingdom. Until its abolition for the 2010 general election it elected one Member of Parliament by the first past the post system of election....
in 1826 before serving as the Member for Cambridge University
Cambridge University (UK Parliament constituency)
Cambridge University was a university constituency electing two members to the British House of Commons, from 1603 to 1950.-Boundaries, Electorate and Election Systems:...
in 1827. Tindal served as 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...
from 1826-1829, when he was appointed to the bench.
An example of Tindal's learning can be found in his speech to the House of Commons in 1826 on a motion to allow counsel to the defence to make a closing speech. Although his conclusion would find little favour today, Tindal demonstrated an appreciation of the role of prosecuting counsel as a minister of justice and the influences of counsel on a jury that would be recognised by any criminal practitioner in the 21st century. Almost as an afterthought, Tindal added a passionate defence of the 'anomalies' of English law that, in his opinion and that of so many others before and since, are its greatest attributes. His speech was made just before he was appointed Solicitor General but, perhaps, reads as one of greater authority than any other in that debate.
At the Bench, Tindal's greatest achievement was to reform significantly the application of the criminal law. By introducing to the common law the special verdict of "Not Guilty by reason of insanity" and of the defence (to murder) of provocation, he left a legacy that remains to this day. Daniel M’Naghten
M'Naghten Rules
The M'Naghten rules were a reaction to the acquittal of Daniel McNaughton. They arise from the attempted assassination of the British Prime Minister, Robert Peel, in 1843 by Daniel M'Naghten. In fact, M'Naghten fired a pistol at the back of Peel's secretary, Edward Drummond, who died five days later...
had assassinated Edward Drummond
Edward Drummond
Edward Drummond was a British civil servant, and was Personal Secretary to several British Prime Ministers. He was murdered by Daniel M'Naghten, whose subsequent trial gave rise to the M'Naghten Rules, the legal test of insanity used in many common law jurisdictions.Drummond was a scion of the...
, secretary to Sir Robert Peel (then Prime Minister), but there was no doubt that he was seriously mentally ill and he was acquitted in a verdict so sensational that Queen Victoria herself called for him to be retried in the House of Lords. Whilst this undoubtedly offended the principle of double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
, the House called upon a panel of judges, headed by Tindal, to advise them on the course to take where defendants committed crimes whilst insane. This advice, leading to the special verdict, remains the foundation of the law of insanity throughout the English common law world.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
defence of provocation and was incorporated into section 3 of the Homicide Act 1957
Homicide Act 1957
The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice , reforming the partial defence of provocation, and by introducing the partial defences...
.
The significance of these judgments was to remove the spectre of the noose from many vulnerable prisoners in an era of the widespread application of the death penalty; and to reform the law through the greater recognition of the importance of differing states of mind (mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
) in those accused of the most serious crimes. In the context of the century that produced William Wilberforce
William Wilberforce
William Wilberforce was a British politician, a philanthropist and a leader of the movement to abolish the slave trade. A native of Kingston upon Hull, Yorkshire, he began his political career in 1780, eventually becoming the independent Member of Parliament for Yorkshire...
, the Earl of Shaftesbury and Benjamin Disraeli, Tindal's reforms to the cruel application of the criminal law deserve to be remembered as social reforms of great importance.
Towards the end of his career, Tindal yet again demonstrated the quality that was to lead to his great popularity amongst the public; namely, his high standard of judicial independence from the state and the wide ambit and discretion he would give to juries. In the case of Frost (1839-40), a prisoner had escaped and led 5,000 armed men into Newport
Newport
Newport is a city and unitary authority area in Wales. Standing on the banks of the River Usk, it is located about east of Cardiff and is the largest urban area within the historic county boundaries of Monmouthshire and the preserved county of Gwent...
, where they shot at regular troops. Directing the jury to consider charges of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, Tindal said that, were Frost's motives only to free local Chartists from jail, as opposed to intimidating Parliament into enacting radical constitutional reform, they should find him guilty of riot only. Whilst Frost was ultimately convicted, Tindal's direction differed from the legal practice of many of his brother judges at the time and since.
Marriage and Family
Reginald Bosanquet
Reginald Bosanquet was a British journalist, best known for presenting ITN news in the 1970s.-Early life:He was the son of the cricketer Bernard Bosanquet, inventor of the "googly" and a cousin of the public relations executive Christopher Bosanquet...
). He was buried in Chelmsford and is commemorated by a plaque inside Chelmsford Cathedral
Chelmsford Cathedral
Chelmsford Cathedral in the county town of Chelmsford, Essex, England is dedicated to St Mary the Virgin, St Peter and St Cedd. It became a cathedral when the Anglican Diocese of Chelmsford was created in 1914 and is the seat of the Bishop of Chelmsford....
(alongside memorials to other members of his family). In addition to his statue at Chelmsford, there is a portrait of him by Thomas Phillips
Thomas Phillips
Thomas Phillips was a leading English portrait and subject painter. He painted many of the great men of the day including scientists, artists, writers, poets and explorers.-Life and work:...
, RA (1770–1845) in the Hall at Lincoln's Inn and another in the judges quarters of the Royal Courts of Justice
Royal Courts of Justice
The Royal Courts of Justice, commonly called the Law Courts, is the building in London which houses the Court of Appeal of England and Wales and the High Court of Justice of England and Wales...
.