Nicholas Fazakerley
Encyclopedia
Nicholas Fazakerley was an English lawyer and politician.
family which long resided at Fazakerley
, a township near Liverpool. His own house was at Prescot, Lancashire. On 9 February 1714 he was admitted of the Inner Temple
from the Middle Temple
, but was called to the bar from the latter society.
and the transfer of real property
. Occasionally his knowledge of constitutional law led him to be retained in state trials.
Among his cases was the trial of Richard Francklin, a Fleet Street
bookseller, on 3 December 1731, for publishing in The Craftsman of 2 January the letter from The Hague
said to have been written by Lord Bolingbroke. Fazakerley was retained along with Thomas Bootle for the defence, and, in the words of Lord Mansfield, ‘started every objection and laboured every point as if the fate of the empire had been at stake’.
as M.P. for Preston
. He retained his seat for life, being returned at the head of the poll in the contested election of 1741. In August 1742 Fazakerley was appointed recorder of Preston, an office he also held until his death. His politics, however, prevented his attaining the honours of his profession; he never became K.C..
Fazakerley entered parliament as an adherent of the Tory
party; he was a Jacobite
of the cautious type. He was listened to with attention, and by a section of his party came to be regarded as a leader. In a debate on the convention with Spain, 9 March 1739, whereby peace was secured on payment by the Spanish government of a compensation to English traders, he declared that if Sir Robert Walpole ‘were determined to carry it by a majority, he would never again appear in the house till he perceived a change of measures’. He also distinguished himself in the debates in May 1751, on Lord Hardwicke
's Regency Bill, especially by his resolute opposition to the marriage clause.. There is a story that Walpole prevailed on Hardwicke, then Sir Philip Yorke, to quit the chief justiceship for the chancellorship, by the declaration: ‘If by one o'clock you do not accept my offer, Fazakerley by two becomes lord keeper of the great seal, and one of the staunchest whigs in all England!’. Another of his speeches which attracted attention was that delivered against the Jews' Naturalisation Bill, 7 May 1753.
, eldest surviving son of John Leveson-Gower, 1st Earl Gower
, and died 19 May 1745.
Early life
Fazakerley was the son of Henry Fazakerley, came of an old LancashireLancashire
Lancashire is a non-metropolitan county of historic origin in the North West of England. It takes its name from the city of Lancaster, and is sometimes known as the County of Lancaster. Although Lancaster is still considered to be the county town, Lancashire County Council is based in Preston...
family which long resided at Fazakerley
Fazakerley
Fazakerley is a suburb of north Liverpool, Merseyside, England, and a Liverpool City Council Ward. At the 2001 Census it had a population of 15,062...
, a township near Liverpool. His own house was at Prescot, Lancashire. On 9 February 1714 he was admitted of the Inner Temple
Inner 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...
from 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...
, but was called to the bar from the latter society.
Legal career
At first he practised chiefly in chambers as an equity counsel, but as his practice grew he began to appear not only in the equity court, but in the courts of common law, mostly to argue questions connected with conveyancingConveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
and the transfer of real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
. Occasionally his knowledge of constitutional law led him to be retained in state trials.
Among his cases was the trial of Richard Francklin, a Fleet Street
Fleet Street
Fleet Street is a street in central London, United Kingdom, named after the River Fleet, a stream that now flows underground. It was the home of the British press until the 1980s...
bookseller, on 3 December 1731, for publishing in The Craftsman of 2 January the letter from The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
said to have been written by Lord Bolingbroke. Fazakerley was retained along with Thomas Bootle for the defence, and, in the words of Lord Mansfield, ‘started every objection and laboured every point as if the fate of the empire had been at stake’.
In politics
In January 1732 he was chosen to succeed Daniel PulteneyDaniel Pulteney
Daniel Pulteney was an English government official and Member of Parliament.Pulteney was the son of John Pulteney , MP for Hastings and Commissioner of Customs, and Lucy Colville. He studied at Christ Church, Oxford, matriculating in 1699.He was one of the Commissioners for Trade and Plantations...
as M.P. for Preston
Preston (UK Parliament constituency)
Preston is a borough 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.-Boundaries:...
. He retained his seat for life, being returned at the head of the poll in the contested election of 1741. In August 1742 Fazakerley was appointed recorder of Preston, an office he also held until his death. His politics, however, prevented his attaining the honours of his profession; he never became K.C..
Fazakerley entered parliament as an adherent of the 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...
party; he was a Jacobite
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...
of the cautious type. He was listened to with attention, and by a section of his party came to be regarded as a leader. In a debate on the convention with Spain, 9 March 1739, whereby peace was secured on payment by the Spanish government of a compensation to English traders, he declared that if Sir Robert Walpole ‘were determined to carry it by a majority, he would never again appear in the house till he perceived a change of measures’. He also distinguished himself in the debates in May 1751, on Lord Hardwicke
Philip Yorke, 1st Earl of Hardwicke
Philip Yorke, 1st Earl of Hardwicke PC was an English lawyer and politician who served as Lord Chancellor. He was a close confidant of the Duke of Newcastle, Prime Minister between 1754 and 1756 and 1757 until 1762....
's Regency Bill, especially by his resolute opposition to the marriage clause.. There is a story that Walpole prevailed on Hardwicke, then Sir Philip Yorke, to quit the chief justiceship for the chancellorship, by the declaration: ‘If by one o'clock you do not accept my offer, Fazakerley by two becomes lord keeper of the great seal, and one of the staunchest whigs in all England!’. Another of his speeches which attracted attention was that delivered against the Jews' Naturalisation Bill, 7 May 1753.
Death
Fazakerley died at his house in Grosvenor Street, London, in February 1767. His will was proved at London on 16 March following.Family
He married 10 October 1723 Ann Lutwyche, who survived him; they had a son and a daughter. The son died 30 June 1737. Elizabeth, the daughter, was married 23 December 1744, with a dowry of £16,000 to GranvilleGranville Leveson-Gower, 1st Marquess of Stafford
Granville Leveson-Gower, 1st Marquess of Stafford PC , known as Viscount Trentham from 1746 to 1754 and as The Earl Gower from 1754 to 1786, was a British politician.-Background:...
, eldest surviving son of John Leveson-Gower, 1st Earl Gower
John Leveson-Gower, 1st Earl Gower
John Leveson-Gower, 1st Earl Gower PC , known as The Baron Gower from 1709 to 1754, was a British Tory politician, one of the first Tories to enter government in the 18th century.- Background :...
, and died 19 May 1745.