Sir Fitzroy Edward Kelly (9 October 1796 – 18 September 1880) was an English

commercial law Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of Legal person, persons and organizations ...

yer,

Tory A Tory () is an individual who supports a political philosophy known as Toryism, based on a British version of traditionalist conservatism which upholds the established social order as it has evolved through the history of Great Britain. The To ...

politician and judge. He was the last

Chief Baron of the Exchequer The Chief Baron of the Exchequer was the first "baron" (meaning judge) 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 pres ...

Background and education

Kelly was born in

London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...

, the son of Robert Hawke Kelly (died in or before 1807), a captain in the

Royal Navy The Royal Navy (RN) is the naval warfare force of the United Kingdom. It is a component of His Majesty's Naval Service, and its officers hold their commissions from the King of the United Kingdom, King. Although warships were used by Kingdom ...

. His mother was the novelist Isabella Kelly, daughter of Captain William Fordyce, Groom of the Privy Chamber to

George III George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and King of Ireland, Ireland from 25 October 1760 until his death in 1820. The Acts of Union 1800 unified Kingdom of Great Britain, Great Britain and ...

. In 1824, he was

called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...

, having already gained a reputation as a skilled special pleader.

Career

In 1834 Kelly was made a

King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

, remarkably after only ten years' call. A strong

, he was returned as Member of Parliament for

Ipswich Ipswich () is a port town and Borough status in the United Kingdom, borough in Suffolk, England. It is the county town, and largest in Suffolk, followed by Lowestoft and Bury St Edmunds, and the third-largest population centre in East Anglia, ...

in 1835, but was unseated on petition. In 1837 however he again became member for that town. From 1843 to 1847 he was MP for

Cambridge Cambridge ( ) is a List of cities in the United Kingdom, city and non-metropolitan district in the county of Cambridgeshire, England. It is the county town of Cambridgeshire and is located on the River Cam, north of London. As of the 2021 Unit ...

, and in 1852 was elected member for

Harwich Harwich is a town in Essex, England, and one of the Haven ports on the North Sea coast. It is in the Tendring district. Nearby places include Felixstowe to the north-east, Ipswich to the north-west, Colchester to the south-west and Clacton-o ...

, but with a vacancy suddenly occurring in East Suffolk, he preferred to contest that seat and was elected. Most of his legal cases were of a commercial nature, but one was one of the great criminal poisoning crimes of the early Victorian period. In March 1845 Kelly defended John Tawell, the "

Quaker Quakers are people who belong to the Religious Society of Friends, a historically Protestant Christian set of denominations. Members refer to each other as Friends after in the Bible, and originally, others referred to them as Quakers ...

murderer," was in fact no longer a member of the Quakers, though he did try to return to that group. Tawell had poisoned his mistress, Sarah Hart, and fled from Salt Hill in

Aylesbury Aylesbury ( ) is the county town of Buckinghamshire, England. It is home to the Roald Dahl Children's Gallery and the Aylesbury Waterside Theatre, Waterside Theatre. It is located in central Buckinghamshire, midway between High Wycombe and Milt ...

by train. However, a description of Tawell was sent to London by electric telegraph, and he was captured. Kelly did the best he could for his client, but he was not accustomed to criminal defence. His argument that Sarah Hart had eaten too many apple pips and been poisoned by the

prussic acid Hydrogen cyanide (formerly known as prussic acid) is a chemical compound with the formula HCN and structural formula . It is a highly toxic and flammable liquid that boils slightly above room temperature, at . HCN is produced on an industrial s ...

in the pips led to the nickname "Apple-pip," which followed Kelly for the rest of his life. Despite his endeavours, his client was found guilty and hanged. Kelly was

Solicitor General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...

in 1845 (when he was

knighted A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...

) and again from February to December 1852, during which time he was junior to

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

Sir Frederic Thesiger in the

prosecution A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...

John Henry Newman John Henry Newman (21 February 1801 – 11 August 1890) was an English Catholic theologian, academic, philosopher, historian, writer, and poet. He was previously an Anglican priest and after his conversion became a cardinal. He was an ...

for

libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...

, the Achilli trial. In 1854, Kelly was appointed to the Royal Commission for Consolidating the Statute Law, a

royal commission A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equi ...

to consolidate existing statutes and enactments of

English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...

. In 1858–1859 he was Attorney General in Lord Derby's second ministry. In 1866 he was raised to the bench as the last

and made a member of the Privy Council, entitling him to sit on the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...

. Kelly died at

Brighton Brighton ( ) is a seaside resort in the city status in the United Kingdom, city of Brighton and Hove, East Sussex, England, south of London. Archaeological evidence of settlement in the area dates back to the Bronze Age Britain, Bronze Age, R ...

on 18 September 1880, aged 83. He was buried on the western side of

Highgate Cemetery Highgate Cemetery is a place of burial in North London, England, designed by architect Stephen Geary. There are approximately 170,000 people buried in around 53,000 graves across the West and East sides. Highgate Cemetery is notable both for so ...

Grave of Sir Fitzroy Edward Kelly in Highgate Cemetery

Arms

References

Bibliography

* * * * Gowing, Richard (1875) 'Sir Fitzroy Kelly, Lord Chief Baron' in: Richard Gowing ''Public Men of Ipswich and East Suffolk. a series of personal sketches''. Ipswich: Scopes; London: Grant & Co., 1875; pp. 71–78

External links