William Dolben (judge)
Encyclopedia
Sir William Dolben KS KC (c. 1627 – 25 January 1694) was an English
judge who sat as a Justice of the King's Bench
. Born to William Dolben
and his wife Elizabeth, whose children also included John Dolben
, later Archbishop of York
, he joined the Inner Temple
in 1647/8 and was called to the Bar in 1655, the same year that he graduated Master of Arts of the University of Oxford
. He became a Bencher
of the Inner Temple in 1672, Recorder
of London
in 1676, and was knighted a year later on 3 February 1677. Dolben apparently served well as Recorder; when he was promoted a few years later, the Corporation of London gave him some silver plate "as a loving remembrance". He became a King's Counsel and King's Serjeant on 2 May and 24 October respectively, and on 23 October 1678 became a Justice of the Court of King's Bench
"during good behaviour". As both a barrister
and a judge, Dolben was noted as an "arrant old snarler" with a large voice, despite his small stature, a trait that Stuart Handley notes probably served him well in court.
In the aftermath of the Popish Plot
, Dolben tried many of the accused, including Sir Thomas Gascoigne, 2nd Baronet
and Sir Thomas Stapleton; due to his impartial trait of pointing out inconsistencies in evidence, both were acquitted. As a result of this and his opposition to Charles II
's removal of the City Corporation's writs, he was "according to the vicious practise of the time" dismissed on 18 April 1683. Again working as a barrister, Dolben prosecuted Algernon Sidney in November 1683 before being reinstated as a Justice of the King's Bench on 18 March 1689. Records from 29 April show him "inveighing mightily against the corruption of juries [during the Glorious Revolution]", and he continued sitting as a Justice until his death from an apoplectic fit on 25 January 1694, and was buried in Temple Church
; unmarried and with no children, his estate was given to his nephew, John Dolben, and John's children.
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
judge who sat as a Justice of the King's Bench
Justice of the King's Bench
Justice of the King's Bench, or Justice of the Queen's Bench during the reign of a female monarch, was a puisne judicial position within the Court of King's Bench, under the Chief Justice. The King's Bench was a court of common law which modern academics argue was founded independently in 1234,...
. Born to William Dolben
William Dolben
-Life:Dolben was born in Pembrokeshire and was educated at Westminster School and Christ Church, Oxford, graduating with a BA degree in 1607 and an MA degree in 1610. He obtained his BD degree in 1617 and his DD degree in 1619...
and his wife Elizabeth, whose children also included John Dolben
John Dolben
John Dolben was an English priest and Church of England bishop and archbishop.-Life:He was the son of William Dolben , prebendary of Lincoln and bishop-designate of Gloucester. He was educated at Westminster School under Richard Busby and at Christ Church, Oxford. He fought on the Royalist side at...
, later Archbishop of York
Archbishop of York
The Archbishop of York is a high-ranking cleric in the Church of England, second only to the Archbishop of Canterbury. He is the diocesan bishop of the Diocese of York and metropolitan of the Province of York, which covers the northern portion of England as well as the Isle of Man...
, he joined 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 1647/8 and was called to the Bar in 1655, the same year that he graduated Master of Arts of the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
. He became a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of the Inner Temple in 1672, Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
in 1676, and was knighted a year later on 3 February 1677. Dolben apparently served well as Recorder; when he was promoted a few years later, the Corporation of London gave him some silver plate "as a loving remembrance". He became a King's Counsel and King's Serjeant on 2 May and 24 October respectively, and on 23 October 1678 became a Justice of 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...
"during good behaviour". As both 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...
and a judge, Dolben was noted as an "arrant old snarler" with a large voice, despite his small stature, a trait that Stuart Handley notes probably served him well in court.
In the aftermath of the Popish Plot
Popish Plot
The Popish Plot was a fictitious conspiracy concocted by Titus Oates that gripped England, Wales and Scotland in Anti-Catholic hysteria between 1678 and 1681. Oates alleged that there existed an extensive Catholic conspiracy to assassinate Charles II, accusations that led to the execution of at...
, Dolben tried many of the accused, including Sir Thomas Gascoigne, 2nd Baronet
Sir Thomas Gascoigne, 2nd Baronet
Sir Thomas Gascoigne, 2nd Baronet was an English Baronet and member of the Gascoigne family.Gascoigne was a Roman Catholic and was accused of conspiracy.He left £450 Sir Thomas Gascoigne, 2nd Baronet (1596–1686) was an English Baronet and member of the Gascoigne family.Gascoigne was a Roman...
and Sir Thomas Stapleton; due to his impartial trait of pointing out inconsistencies in evidence, both were acquitted. As a result of this and his opposition to Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
's removal of the City Corporation's writs, he was "according to the vicious practise of the time" dismissed on 18 April 1683. Again working as a barrister, Dolben prosecuted Algernon Sidney in November 1683 before being reinstated as a Justice of the King's Bench on 18 March 1689. Records from 29 April show him "inveighing mightily against the corruption of juries [during the Glorious Revolution]", and he continued sitting as a Justice until his death from an apoplectic fit on 25 January 1694, and was buried in Temple Church
Temple Church
The Temple Church is a late-12th-century church in London located between Fleet Street and the River Thames, built for and by the Knights Templar as their English headquarters. In modern times, two Inns of Court both use the church. It is famous for its effigy tombs and for being a round church...
; unmarried and with no children, his estate was given to his nephew, John Dolben, and John's children.