Lloyd Kenyon, 1st Baron Kenyon
Encyclopedia
Lloyd Kenyon, 1st Baron Kenyon, 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...

, KC (5 October 1732 – 4 April 1802) was a British
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...

 politician and 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...

, who served as Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...

, Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

 and Lord Chief Justice
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,...

. Born to a country gentleman, he was initially educated in Hanmer
Hanmer
Hanmer is a village and a local government community, the lowest tier of local government, part of Wrexham County Borough in Wales. At the 2001 Census the population of the Hanmer community area, which includes Hanmer village itself, Horseman's Green and Arowry along with a number of small hamlets,...

 before moving to Ruthin School
Ruthin School
Ruthin School is one of the oldest public schools in the United Kingdom. Located on the outskirts of Ruthin, the county town of Denbighshire in North Wales, the school is over seven hundred years old and has been co-educational since 1990.- Beginnings :...

 aged 12. Rather than going to university he instead worked as a clerk to an attorney, joining 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 1750 and being called to the Bar in 1756. Initially almost unemployed due to the lack of education and contacts which a university education would have provided, his business increased thanks to his friendships with John Dunning
John Dunning, 1st Baron Ashburton
John Dunning, 1st Baron Ashburton was an English lawyer and politician.He was first noticed in English politics when he wrote a notice in 1762 defending the British East India Company merchants against their Dutch rivals. He was a Member of Parliament from 1768 onward...

, who, overwhelmed with cases, allowed Kenyon to work many, and Lord Thurlow
Edward Thurlow, 1st Baron Thurlow
Edward Thurlow, 1st Baron Thurlow PC, KC was a British lawyer and Tory politician. He served as Lord Chancellor of Great Britain for fourteen years and under four Prime Ministers.- Early life:...

 who secured for him the Chief Justiceship of Chester in 1780. He was returned as the Member of Parliament (MP) for Hindon
Hindon (UK Parliament constituency)
Hindon was a parliamentary borough consisting of the village of Hindon in Wiltshire, which elected two Members of Parliament to the House of Commons from 1448 until 1832, when the borough was abolished by the Great Reform Act...

 the same year, serving repeatedly as Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...

 under William Pitt the Younger
William Pitt the Younger
William Pitt the Younger was a British politician of the late 18th and early 19th centuries. He became the youngest Prime Minister in 1783 at the age of 24 . He left office in 1801, but was Prime Minister again from 1804 until his death in 1806...

. He effectively sacrificed his political career in 1784 to challenge the ballot of Charles James Fox
Charles James Fox
Charles James Fox PC , styled The Honourable from 1762, was a prominent British Whig statesman whose parliamentary career spanned thirty-eight years of the late 18th and early 19th centuries and who was particularly noted for being the arch-rival of William Pitt the Younger...

, and was rewarded with a baronetcy; from then on he did not speak in the House of Commons, despite remaining an MP.

On 27 March 1784 he was appointed Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

, a job to which he dedicated himself once he ceased to act as an MP. He had previously practised in the Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...

, and although unfamiliar with Roman law was highly efficient; Lord Eldon said "I am mistaken if, after I am gone, the Chancery Records do not prove that if I have decided more than any of my predecessors in the same period of time, Sir Lloyd Kenyon beat us all". On 9 June 1788, Kenyon succeeded Lord Mansfield as Lord Chief Justice, and was granted a barony. Although not rated as highly as his predecessor, his work "restored the simplicity and rigor of the common law". He remained Lord Chief Justice until his death in 1802.

Early life and education

Kenyon was born on 5 November 1732 in Gredington, Flintshire
Flintshire
Flintshire is a county in north-east Wales. It borders Denbighshire, Wrexham and the English county of Cheshire. It is named after the historic county of Flintshire, which had notably different borders...

 to Lloyd Kenyon, a country gentleman and Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...

, and his wife Jane Eddowes. He was initially educated at a school in Hanmer
Hanmer
Hanmer is a village and a local government community, the lowest tier of local government, part of Wrexham County Borough in Wales. At the 2001 Census the population of the Hanmer community area, which includes Hanmer village itself, Horseman's Green and Arowry along with a number of small hamlets,...

 - it was written that "no man ever set out on his career with fewer advantages" than Kenyon. When he was 12 he was sent to Ruthin School
Ruthin School
Ruthin School is one of the oldest public schools in the United Kingdom. Located on the outskirts of Ruthin, the county town of Denbighshire in North Wales, the school is over seven hundred years old and has been co-educational since 1990.- Beginnings :...

, where he learnt French and Latin, and was considered one of the best students at the school. His knowledge of Greek was non-existent, and his scientific training minor; "he was said to have believed to his dying day that the sun goes around the earth". As a second son, he had initially considered joining the clergy, but instead decided on the law and spent 5 years working as a clerk to Mr W.J. Tomkinson, an attorney. He proved to be an excellent clerk, becoming a "rapid and accurate conveyancer". Originally happy with the idea of being a simple attorney, after the death of his older brother it was instead assumed he would become a barrister, and Kenyon 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 November 1750. In February 1755 he left Tomkinson's practice and moved to London, where he was called to the Bar on 10 February 1756.

Career as a barrister

Without the education or connections that a university education would have provided he was almost entirely unemployed for several years. Kenyon instead lived off an £80 allowance from his father, and money from his richer relatives, spending the time watching Lord Mansfield conduct cases at 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...

. His early business was almost entirely conveyancing
Conveyancing
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 to make extra money he began to attend the Welsh Circuit, where Tomlinson's contacts allowed him to pick up some small cases. After several years of this he also began attending quarter sessions at Oxford, Stafford and Shrewsbury, "where he was more successful". While his work slowly began to increase, his main rise was due to his friendship with John Dunning
John Dunning, 1st Baron Ashburton
John Dunning, 1st Baron Ashburton was an English lawyer and politician.He was first noticed in English politics when he wrote a notice in 1762 defending the British East India Company merchants against their Dutch rivals. He was a Member of Parliament from 1768 onward...

, at the time a similarly near-unemployed barrister. In 1762 one of the leaders of the Northern Circuit died, and his work was given to Dunning; as he found himself with too many cases, he gave many to Kenyon. In 1767, for example, Kenyon dealt with 20 of Dunning's cases. As a result of his speedy and efficient work attorneys began to employ him directly, and within 10 years he was making £3,000 a year just from opinions
Legal opinion
In law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....

.

Kenyon's next rise came about as a result of his introduction to the Duke of Richmond
Charles Lennox, 3rd Duke of Richmond
Field Marshal Charles Lennox, 3rd Duke of Richmond, 3rd Duke of Lennox, 3rd Duke of Aubigny, KG, PC, FRS , styled Earl of March until 1750, was a British politician and office holder noteworthy for his advanced views on the issue of parliamentary reform...

, who was struggling with Sir James Lowther
James Lowther, 1st Earl of Lonsdale
Sir James Lowther, 1st Earl of Lonsdale was the son of Robert Lowther and Catherine Pennington.He married Mary Crichton-Stuart, daughter of John Stuart, 3rd Earl of Bute and Mary Wortley-Montagu, 1st Baroness Mount Stuart on 7 September 1761.On 9 June 1792 he fought a duel with a Captain Cuthbert...

 for the control of several Parliamentary constituencies. Kenyon went with Richmond to Carlisle
Carlisle (UK Parliament constituency)
Carlisle is a 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. It was a Labour seat from 1964 until 2010, although the Conservatives came close to victory in the elections in...

 and Cockermouth
Cockermouth (UK Parliament constituency)
Cockermouth was the name of a constituency of the House of Commons of the Parliament of England in 1295, and again from 1641, then of the Parliament of Great Britain from 1707 to 1800 and of the Parliament of the United Kingdom from 1801 to 1918. It was a parliamentary borough represented by two...

 as his lawyer, and secured the constituencies for Richmond; as a result, Richmond chose to employ Kenyon as his lawyer from then onwards. In 1780 he successfully defended Lord George Gordon
Lord George Gordon
Lord George Gordon was a British politician best known for lending his name to the Gordon Riots of 1780....

 for high treason, assisted by Thomas Erskine
Thomas Erskine, 1st Baron Erskine
Thomas Erskine, 1st Baron Erskine KT PC KC was a British lawyer and politician. He served as Lord Chancellor of the United Kingdom between 1806 and 1807 in the Ministry of All the Talents.-Background and childhood:...

, and the resulting fame was enough to propel him further up the ranks of his profession and within the political sphere. At the same time he became friends with Lord Thurlow
Edward Thurlow, 1st Baron Thurlow
Edward Thurlow, 1st Baron Thurlow PC, KC was a British lawyer and Tory politician. He served as Lord Chancellor of Great Britain for fourteen years and under four Prime Ministers.- Early life:...

, and when the holder of the Chief Justiceship of Chester died that year, Thurlow ensured that it was given to Kenyon. The rise of Kenyon's work in the Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...

 was also attributed to his friendship with Thurlow, who as 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...

 was the head of the Court.

Political career

When Parliament was dissolved in 1780, Thurlow ensured that Kenyon was returned as a Member of Parliament for Hindon
Hindon (UK Parliament constituency)
Hindon was a parliamentary borough consisting of the village of Hindon in Wiltshire, which elected two Members of Parliament to the House of Commons from 1448 until 1832, when the borough was abolished by the Great Reform Act...

. In April 1782, on the formation of the Rockingham government
Second Rockingham Ministry
This is a list of the principal holders of government office during the second premiership of Charles Watson-Wentworth, 2nd Marquess of Rockingham, from March to July 1782....

, Kenyon was made Attorney-General for England and Wales, despite having never sat in the lower office of Solicitor-General or spoken in Parliament. As Attorney General he spoke on only one subject, on 18 June 1782, in regards to the amount of money owed to the Exchequer
Exchequer
The Exchequer is a government department of the United Kingdom responsible for the management and collection of taxation and other government revenues. The historical Exchequer developed judicial roles...

 by the Paymaster of the Forces
Paymaster of the Forces
The Paymaster of the Forces was a position in the British government. The office, which was established 1661 after the Restoration, was responsible for part of the financing of the British Army. The first to hold the office was Sir Stephen Fox. Before his time it had been the custom to appoint...

. This provoked the opposition of Charles James Fox
Charles James Fox
Charles James Fox PC , styled The Honourable from 1762, was a prominent British Whig statesman whose parliamentary career spanned thirty-eight years of the late 18th and early 19th centuries and who was particularly noted for being the arch-rival of William Pitt the Younger...

, whose father, Lord Holland
Henry Fox, 1st Baron Holland
Henry Fox, 1st Baron Holland, of Foxley, MP, PC was a leading British politician of the 18th century. He identified primarily with the Whig faction...

, had profited greatly by that office; Kenyon's programme could have ruined Fox by making him liable for refunding his father's profits as Paymaster. On the death of Rockingham Kenyon continued in his post under the Shelburne Ministry
Shelburne Ministry
This is a list of the principal holders of government office during the premiership of William Petty, 2nd Earl of Shelburne, July 1782 to April 1783....

, but left office in April 1783 when that government fell to the Fox-North Coalition
Fox-North Coalition
The Fox-North Coalition was a government in Great Britain that held office during 1783. As the name suggests, the ministry was a coalition of the groups supporting Charles James Fox and Lord North...

. He instead allied himself with William Pitt the Younger
William Pitt the Younger
William Pitt the Younger was a British politician of the late 18th and early 19th centuries. He became the youngest Prime Minister in 1783 at the age of 24 . He left office in 1801, but was Prime Minister again from 1804 until his death in 1806...

, leading the opposition to the first Act of the new government and strongly supporting an opposition bill to reform the Exchequer
Exchequer
The Exchequer is a government department of the United Kingdom responsible for the management and collection of taxation and other government revenues. The historical Exchequer developed judicial roles...

. When the new government was dismissed on 19 December and Pitt took control, Kenyon was again made Attorney-General. He again took the lead on the issue of the Paymaster of the Forces, and commanded that Richard Rigby
Richard Rigby
Richard Rigby , was an English civil servant and politician. He served as Secretary of Ireland and Paymaster of the Forces...

, Paymaster until 1782, "do deliver to the House an account of the balance of all public money remaining in his hands on the 13th day of November last", something Rigby complained was against common practice.

In 1784 Thomas Sewell
Thomas Sewell
Sir Thomas Sewell was an English judge and Member of Parliament, and Master of the Rolls from 1764 to 1784.Sewell was a member of Middle Temple, called to the bar in 1734, and practised in the Chancery courts. He became a bencher of his inn and King's Counsel in 1754, and Treasurer of the Inn in...

 died, and, as was tradition, Kenyon succeeded him as Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

 on 27 March. Initially intending to withdraw from Parliament, Kenyon was persuaded to remain as an MP and Attorney General to increase Pitt's majority. Having purchased the seat of Tregony
Tregony (UK Parliament constituency)
Tregony was a rotten borough in Cornwall which was represented in the Model Parliament of 1295, and returned two Members of Parliament to the English and later British Parliament continuously from 1562 to 1832, when it was abolished by the Great Reform Act....

 he "was resolved to go the whole hog", and became one of the strongest and most visible supporters of Pitt. With his contacts in Wales, he secured votes for several ministerial candidates in Welsh constituencies. In an attempt to have Charles James Fox
Charles James Fox
Charles James Fox PC , styled The Honourable from 1762, was a prominent British Whig statesman whose parliamentary career spanned thirty-eight years of the late 18th and early 19th centuries and who was particularly noted for being the arch-rival of William Pitt the Younger...

 removed as an MP he had Fox's ballot challenged; while this backfired, he was awarded with a baronetcy for the effective sacrifice of his political career. As a result of this controversy he stated that "legislation was a task to which he had by no means thought himself equal", and stayed silent in Parliament for the rest of his life.

Judicial career

Having withdrawn from politics, Kenyon instead switched his focus to his job as Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

. As a judge of the Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...

 he was required to deal with cases of equity; though he was almost entirely unfamiliar with the Roman law it was based on, he had previously practised in the Chancery. He was not considered as good as his successor, Sir William Grant, but Lord Eldon wrote that "I am mistaken if, after I am gone, the Chancery Records do not prove that if I have decided more than any of my predecessors in the same period of time, Sir Lloyd Kenyon beat us all". With the retirement of Lord Mansfield as Lord Chief Justice, Kenyon succeeded him on 9 June 1788, and was made Baron Kenyon of Gredington, in the county of Flint
Flintshire
Flintshire is a county in north-east Wales. It borders Denbighshire, Wrexham and the English county of Cheshire. It is named after the historic county of Flintshire, which had notably different borders...

.

Kenyon's appointment was initially greeted with caution by his fellow 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...

s, who worried that, as he had practised in a court of equity rather than a court of common law, he might be unfamiliar with the area covered by his new posting in 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...

. Despite this, he was noted as an excellent judge, although one who suffered from an "excess of zeal" in moral issues. One of his flaws was his defective education; he was too proud to avoid exhibiting his ignorance. He was particularly noted for using Latin incorrectly, leading George III to say "My Lord... it would be well if you would stick to your good law and leave off your bad Latin". As a judge, Kenyon overruled the principles that a court of law could not consider trusts
English trusts law
English trusts law is the original and foundational law of trusts in the world, and a unique contribution of English law to the legal system. Trusts are part of the law of property, and arise where one person gives assets English trusts law is the original and foundational law of trusts in the...

 or a pecuniary legacy; it was said that he "restored the simplicity and rigor of the common law". After nearly one and a half decades as a judge, Kenyon died on 4 April 1802 in Bath.

Personal life

In 1773 he married his cousin, Mary Kenyon, with whom he had three sons; Lloyd, who predeceased him, George
Baron Kenyon
Lord Kenyon, Baron of Gredington, in the County of Flint, is a title in the Peerage of Great Britain. It was created in 1788 for the lawyer and judge Sir Lloyd Kenyon, 1st Baronet. He served as Master of the Rolls and as Lord Chief Justice of England. Kenyon had already been created a Baronet, of...

, and Thomas. Kenyon was noted by John Campbell, 1st Baron Campbell
John Campbell, 1st Baron Campbell
John Campbell, 1st Baron Campbell PC, KC was a British Liberal politician, lawyer, and man of letters.-Background and education:...

as "a man of wonderful quickness of perception, of considerable intellectual nimbleness, of much energy of purpose, and of unwearied industry", although Campbell noted that, thanks to Kenyon's lack of a university education, he knew only "the corner of jurisprudence which he professionally cultivated; he had not even the information generally picked up by the clever clerk of a country attorney". He was noted as arrogant, despising things he did not understand and condemning any opinions he disagreed with regardless of his knowledge of them. He never attempted to reform the judicial system, and "his habits of sordid parsimony brought discredit on the high station which he filled". Despite this, as a judge he was seen as "profound in legal erudition, patient in judicial discrimination, and of the most determined integrity".
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