Charles Abbott, 1st Baron Tenterden
Encyclopedia
Charles Abbott, 1st Baron Tenterden PC SL
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...

 (7 October 1762 – 4 November 1832), was a British barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

 and judge who served as Lord 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,...

 between 1818 and 1832. Born in obscure circumstances to a barber and his wife in Canterbury, Abbott was educated initially at a dame school
Dame school
A Dame School was an early form of a private elementary school in English-speaking countries. They were usually taught by women and were often located in the home of the teacher.- Britain :...

 before moving to The King's School, Canterbury
The King's School, Canterbury
The King's School is a British co-educational independent school for both day and boarding pupils in the historic English cathedral city of Canterbury in Kent. It is a member of the Headmasters' and Headmistresses' Conference and the Eton Group....

 in 1769. He was noted as an excellent student, receiving an exhibition scholarship from the school in March 1781, when he matriculated
Matriculation
Matriculation, in the broadest sense, means to be registered or added to a list, from the Latin matricula – little list. In Scottish heraldry, for instance, a matriculation is a registration of armorial bearings...

 at Corpus Christi College, Oxford
Corpus Christi College, Oxford
Corpus Christi College is one of the constituent colleges of the University of Oxford in the United Kingdom...

. Here he was elected a fellow, and also served as a tutor to the son of Sir Francis Buller
Sir Francis Buller, 1st Baronet
Sir Francis Buller, 1st Baronet was an English judge.-Life:Buller was born at Downes House in Devon, the son of James Buller, Member of Parliament for Cornwall, and his wife Lady Jane, daughter of Allen Bathurst, 1st Earl Bathurst. He was educated at the King's School, Ottery St Mary, and...

, which first made him consider becoming a barrister. He joined 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...

 in 1787, transferring to 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...

 in 1793, and was called to the Bar by the Inner Temple in 1796. Abbott was noted as an excellent barrister, earning more than any other during his time at the Bar, despite being considered unimaginitive and a poor speaker. He was offered a position as a Justice of the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...

 in 1808, which he turned down; he accepted the same offer in 1816, receiving the customary knighthood and being appointed a 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...

.

Three months after he started sitting as a judge he was transferred to the Court of King's Bench
Court of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...

, where he was initially rather poor, being unfamiliar with the court's business. Within two years he showed "the highest judicial excellence", and when Lord Ellenborough
Edward Law, 1st Baron Ellenborough
Edward Law, 1st Baron Ellenborough PC KC was an English judge. After serving as a Member of Parliament and Attorney General, he became Lord Chief Justice.-Early life:...

 had a stroke in 1818, Abbott was chosen to replace him as Lord Chief Justice. His reign at the head of the Court of King's Bench saw the court flourish, with strong justices and his own much-admired abilities. He was appointed to the peerage in 1827, sitting as Charles Abbott, 1st Baron Tenterden, and initially attended 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....

 regularly. His opposition to the Reform Act 1832
Reform Act 1832
The Representation of the People Act 1832 was an Act of Parliament that introduced wide-ranging changes to the electoral system of England and Wales...

, which he claimed treated city corporations "with absolute contempt", led to his refusal to attend the Lords. Continuing to sit as Lord Chief Justice, Abbott gradually grew weaker, and finally fell ill halfway through a 2-day trial. His disease baffled doctors, and he eventually died on 4 November 1832 at his home in Queen Square, London.

Early life and education

Abbott was born on 7 October 1762 in Canterbury
Canterbury
Canterbury is a historic English cathedral city, which lies at the heart of the City of Canterbury, a district of Kent in South East England. It lies on the River Stour....

 to John Abbott, a barber, and his wife Alice. Abbot lived in a "small, mean-looking house" near the Cathedral
Canterbury Cathedral
Canterbury Cathedral in Canterbury, Kent, is one of the oldest and most famous Christian structures in England and forms part of a World Heritage Site....

, and was initially educated at a dame school
Dame school
A Dame School was an early form of a private elementary school in English-speaking countries. They were usually taught by women and were often located in the home of the teacher.- Britain :...

. During his childhood he was noted as "industrious, apprehensive, regular and correct in all his conduct". He attended The King's School, Canterbury
The King's School, Canterbury
The King's School is a British co-educational independent school for both day and boarding pupils in the historic English cathedral city of Canterbury in Kent. It is a member of the Headmasters' and Headmistresses' Conference and the Eton Group....

 from 1769, where he was such a good student that he received an exhibition scholarship on his matriculation
Matriculation
Matriculation, in the broadest sense, means to be registered or added to a list, from the Latin matricula – little list. In Scottish heraldry, for instance, a matriculation is a registration of armorial bearings...

 at Corpus Christi College, Oxford
Corpus Christi College, Oxford
Corpus Christi College is one of the constituent colleges of the University of Oxford in the United Kingdom...

 in March 1781. At the time there were only two awards at Oxford: the Chancellor's medals for English and Latin prose. After an initial attempt to win them which failed, he won the Latin prize in his second year and the English prize in the third. Abbot was then elected a fellow of Corpus Christi where, acting as a tutor to the son of Sir Francis Buller
Sir Francis Buller, 1st Baronet
Sir Francis Buller, 1st Baronet was an English judge.-Life:Buller was born at Downes House in Devon, the son of James Buller, Member of Parliament for Cornwall, and his wife Lady Jane, daughter of Allen Bathurst, 1st Earl Bathurst. He was educated at the King's School, Ottery St Mary, and...

, he first considered becoming a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

. On 16 November 1787 he became a member of 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...

, transferring to 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...

 in 1793, and worked for two years under Sir George Wood 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:...

; it was said that he had finished his work as a special pleader faster than "any man before or since". He was called to the Bar by the Inner Temple in 1796.

Career

Abbott began practising on the Oxford Circuit; while travelling there he had a fall from his horse, which broke his leg in two places and left him permanently lame. In 1802 he published a legal tract, On Merchants' Ships and Seamen, which was praised by his fellow lawyers and earned him a large amount of commercial work; it was later republished in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, where it was misattributed to Charles Abbot
Charles Abbot, 1st Baron Colchester
Charles Abbot, 1st Baron Colchester PC, FRS was a British barrister and statesman. He served as Speaker of the House of Commons between 1802 and 1817.-Background and education:...

, the Speaker of the House of Commons. He was eventually "as eminent and prosperous as a counsel can be at the English bar", although he refused to apply for silk
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...

. From 1802 to 1816 he served as "Devil to the Attorney General", opening all government prosecutions, and was standing counsel for the Bank of England
Bank of England
The Bank of England is the central bank of the United Kingdom and the model on which most modern central banks have been based. Established in 1694, it is the second oldest central bank in the world...

 and many Deans and Prelates in the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...

. By 1807 he was making £8,000 a year, and later exceeded this amount; it was remarked that he earned more money than any other barrister of that time. Abbott was not a "flashy" barrister; although known as an excellent lawyer, his speeches were monotonous and he lacked an imagination.

In 1808 he was offered a position as a Justice of the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...

, but refused it. After eight more years of work, however, he felt that his health could no longer take the strain, and accepted a position in the Court of Common Pleas on 24 January 1816, along with becoming a 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...

 as required. Abbot was granted the customary knighthood, with the motto "Labore", which he also used for his peerage. He stayed in this post for barely three months, with no records of his work there surviving, before being transferred against his will to the Court of King's Bench
Court of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...

 on 3 May to replace Simon Le Blanc.

Abbott, unfamiliar with the Court of King's Bench (having been a regional lawyer rather than a London-based one), was initially a disappointment, but soon improved. By 1818 he showed "the highest judicial excellence", although he was criticised for snapping at boring barristers and for taking the government's side in prosecutions. That year, the Lord Chief Justice Lord Ellenborough
Edward Law, 1st Baron Ellenborough
Edward Law, 1st Baron Ellenborough PC KC was an English judge. After serving as a Member of Parliament and Attorney General, he became Lord Chief Justice.-Early life:...

 had a stroke, forcing his retirement. Most of the other judges and legal figures were inappropriate for the role; Sir Samuel Shepherd
Samuel Shepherd
Sir Samuel Shepherd KS PC was a British barrister, judge and politician who served as Attorney General for England and Wales and Lord Chief Baron of the Scottish Court of Exchequer...

, for example, was while an able lawyer too deaf to sit as a judge. As a result, Abbott was appointed, and formally took up his position on 4 November 1818. As Lord Chief Justice he saw the Court of King's Bench flourish, with competent Justices and his own abilities; "[Abbott] had more knowledge of mankind than any of [the Justices], and was more skilful as a moderator in forensic disputation". Abbott's central weakness as a judge was seen to be his support of James Scarlett
James Scarlett, 1st Baron Abinger
James Scarlett, 1st Baron Abinger was an English lawyer, politician and judge.-Background and education:...

, his leader when Abbott was a barrister; "The timid junior, become Chief Justice, still looked up to his old leader with dread, was afraid of offending him, and was always delighted when he could decide in his favour".

On 30 April 1827, Abbott was made Baron Tenterden
Baron Tenterden
Baron Tenterden, of Hendon in the County of Middlesex, was a title in the Peerage of the United Kingdom. It was created in 1827 for Sir Charles Abbott, Lord Chief Justice of the King's Bench from 1818 to 1832. His grandson, the third Baron , was Permanent Under-Secretary of State for Foreign...

; having feared that "Lord Abbott" would leave him open to ridicule, he instead picked the name of a Kentish town near his roots. On 24 May Abbott formally took up his position, attending 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....

 regularly, and was the last Chief Justice to wear his official robes to the Lords (other than those acting as interim Speakers). In 1830 he introduced several bills to Parliament following reports on the state of the Ecclesiastical Courts, common law courts and law of real property; all were passed, except the ecclesiastical bills, as Parliament ran out of time to hear them. They were heard during the next Parliamentary session in 1831, and both passed; they "by no means established for him the reputation of a skilful legislator... the judges have found it infinitely difficult to put a reasonable construction upon them". The Reform Act 1832
Reform Act 1832
The Representation of the People Act 1832 was an Act of Parliament that introduced wide-ranging changes to the electoral system of England and Wales...

 led to his departure from the Lords, and is considered to have greatly shortened his life; he fought strongly for the city corporations, which he claimed the bill treated "with absolute contempt", but was eventually defeated. Having threatened that, should it pass, "Never, never my Lords, shall I enter the doors of this House", he was true to his word, and never returned to politics, although frrom 8 August to 3 September 1827 he was interim Chancellor of the Exchequer
Chancellor of the Exchequer
The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all economic and financial matters. Often simply called the Chancellor, the office-holder controls HM Treasury and plays a role akin to the posts of Minister of Finance or Secretary of the...

, following the convention that, when vacant, the position should be held by the Lord Chief Justice.

Death

Abbott first began to grow ill in May 1832, when he wrote to Sir Egerton Brydges
Samuel Egerton Brydges
Sir Samuel Egerton Brydges, 1st Baronet was an English bibliographer and genealogist. He was also Member of Parliament for Maidstone from 1812 to 1818....

 that "My spirit is so depressed, that when I am not strongly excited by some present object that admits of no delay, I sink into something very nearly approaching torpidity". Although he got somewhat better, giving his annual dinner to the King's Counsel, it was noticed that he was unable to drink his wine properly. He went to the Midland Circuit in June, as it was the easiest one, but he suffered from "a violent cough" and other symptoms, returning to his home in Hendon. After the first day of a two-day case he found himself losing his appetite and suffering from a fever, which caused him to talk incoherently and become delirious. The disease baffled doctors, and finally killed him on 4 November 1832 at his home in Queen Square, London; his last words were "and now, gentlemen of the jury, you will consider of your verdict". He was buried at the Foundling Hospital
Foundling Hospital
The Foundling Hospital in London, England was founded in 1741 by the philanthropic sea captain Thomas Coram. It was a children's home established for the "education and maintenance of exposed and deserted young children." The word "hospital" was used in a more general sense than it is today, simply...

, of which he was a governor.

Personal life

Abbott married Mary Lamotte on 30 July 1795. He enjoyed the domestic element of his life, and records show love poetry written to his wife. Prior to their marriage Mary had sent him a lock of her hair; in exchange, he wrote a poem for her titled "The Answer of a Lock of Hair to the Inquiries of its Former Mistress". The couple had two sons and two daughters; John, Charles, Mary and Catherine. Catherine later married John Rowland Smyth
John Rowland Smyth
Sir John Rowland Smyth KCB was a British soldier. Born to Grice Smyth and his wife Mary, Smyth was commissioned as a cornet into the on 5 July 1821. Promoted to Lieutenant on 26 May 1825, he fought at the Capture of Bharatpur a year later. He was made a Captain on 22 April 1826, and transferred to...

.

Abbott was considered cautious, with an "aversion to all that was experimental" and a "want of fancy" which were considered excellent traits for a judge, giving him "a very prominent rank indeed amongst our ablest judges". He possessed a violent disposition; "his temper was naturally bad; it was hasty and it was violent; forming a natural contrast with the rest of his mind", but he successfully controlled this. This occasionally came out in court, however, and he was noted as particularly caustic and intolerant of unnecessarily complex sentences. When one witness, an apothecary, used a particularly complex medical phrase, Abbott shouted that he should "Speak English sir, if you can, or I must swear in an interpreter". He was considered "dull in private life as well as in public; and neither crimes nor follies could ever be imputed upon him"; despite this he was "a great magistrate, and his judgments [were] studied and admired". Edward Foss
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...

wrote of him that "no judge ever sat on the bench who displayed greater learning, cleverness and discrimination; nor whose judgments have ever been so undisputed.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK