John Lyndon (Carrickfergus MP)
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Sir John Lyndon (c. 1630 – 1699) was an Irish
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
and politician of the seventeenth century. He was the first holder of the office of Third Serjeant-at-law, which was created especially for him, apparently as a "consolation prize" for not being made a High Court judge the first time he sought that office. He was also
Recorder of Carrickfergus The recorder of Carrickfergus was a judicial office-holder in pre-independence Ireland. The office dates from 1593, shortly after the incorporation of Carrickfergus. It was abolished by the new Government of Northern Ireland after the Partition of I ...
for many years, a position held by several members of the Lyndon family over the best part of a century.


Early career

He was born in
Carrickfergus Carrickfergus ( , meaning " Fergus' rock") is a large town in County Antrim, Northern Ireland. It sits on the north shore of Belfast Lough, from Belfast. The town had a population of 28,141 at the 2021 census. It is County Antrim's oldest t ...
, son of Captain Roger Lyndon, Collector of
Customs Customs is an authority or Government agency, agency in a country responsible for collecting tariffs and for controlling International trade, the flow of goods, including animals, transports, personal effects, and hazardous items, into and out ...
for the town of Carrickfergus, and his wife Jane Marten. The Lyndons were a prominent Carrickfergus family who settled in the town around the time of its foundation in the early 1590s. At least one branch of John's own descendants was associated with
Dublin Dublin is the capital and largest city of Republic of Ireland, Ireland. Situated on Dublin Bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, and is bordered on the south by the Dublin Mountains, pa ...
, but they continued to play a prominent role in the political life of Carrickfergus until at least the 1730s. One Henry Lyndon was Mayor of Carrickfergus in 1600. John had at least one brother, also named Roger, who in 1666 married Dorothy Newburgh, daughter of Thomas Newburgh MP of
Ballyhaise Ballyhaise (; ) is a village in County Cavan, Ireland. It is situated approximately north-northeast of Cavan and 11 km, via the N54, from the border with County Fermanagh in Northern Ireland. The River Annalee flows near the village. ...
,
County Cavan County Cavan ( ; ) is a Counties of Ireland, county in Republic of Ireland, Ireland. It is in the Provinces of Ireland, province of Ulster and is part of the Northern and Western Region. It is named after the town of Cavan and is based on the hi ...
. Roger, the father, was Recorder 1641-57, like his son and grandson after him. John was educated at
Trinity College, Dublin Trinity College Dublin (), officially titled The College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and legally incorporated as Trinity College, the University of Dublin (TCD), is the sole constituent college of the Univ ...
. He entered
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 ...
in 1657, although it seems that he was not actually
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 ...
in England, something which later caused him a good deal of difficulty when he tried to set up a legal practice in England. He was appointed
Recorder Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a newsp ...
of Carrickfergus in 1657 and entered the
King's Inn The Honorable Society of King's Inns () is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environments. The Benchers of King's Inns awa ...
in 1663. He was
seneschal The word ''seneschal'' () can have several different meanings, all of which reflect certain types of supervising or administering in a historic context. Most commonly, a seneschal was a senior position filled by a court appointment within a royal, ...
of
St. Patrick's Cathedral, Dublin Saint Patrick's Cathedral () in Dublin, Ireland is the national cathedral of the Church of Ireland. Christ Church Cathedral, also a Church of Ireland cathedral in Dublin, is designated as the local cathedral of the Diocese of Dublin and Glen ...
. He sat in the
Irish House of Commons The Irish House of Commons was the lower house of the Parliament of Ireland that existed from 1297 until the end of 1800. The upper house was the Irish House of Lords, House of Lords. The membership of the House of Commons was directly elected, ...
as MP for
Killybegs Killybegs () is a town in County Donegal, Ireland. It is the largest fishing port in the country and on the island of Ireland. It is located on the south coast of the county, north of Donegal Bay, near Donegal Town. Its Irish name means 'littl ...
in the sole Irish Parliament of the reign of Charles II (1661-1666). In 1663 he defeated an effort by Sir Audley Mervyn to replace him as Recorder of Carrickfergus (this was not a Crown appointment: the Recorder was elected by the town
corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
). The Recordership however was a badly paid job (the salary was £20 per annum, later reduced to £10) which explains his wish for a more lucrative position.


The first Third Serjeant

The office of Third Serjeant was created especially for him in 1682: this was widely regarded as a "consolation prize" for his failure to secure a place on the
Court of Common Pleas (Ireland) The Court of Common Pleas was one of the principal courts of common law in Ireland. It was a mirror image of the equivalent court in England. Common Pleas was one of the four courts of justice which gave the Four Courts in Dublin, which is sti ...
. The situation became comical when the office of Second Serjeant was given to William Beckett: both Lyndon and Sir
Richard Ryves Sir Richard Ryves (1643–1693) was a seventeenth-century Irish judge who served for several years as Recorder of Dublin, and subsequently as a Baron of the Exchequer. He was briefly a Commissioner of the Great Seal.Ball, F. Elrington "The Judges ...
, the
Recorder of Dublin The Recorder of Dublin was a judicial office holder in pre-Independence Ireland. Functions and duties of the Recorder The Recorder was the chief magistrate for Dublin, and heard a wide range of civil and criminal cases. The office existed by th ...
, claimed that it had been promised to them.
Ormonde Ormonde is a surname originated in Ireland (Ormonde) and Scotland (Ormond (surname), Ormond), but also occurring in England, United States, Portugal (mainly in Azores, as a variation of the scottish surname Drummond_(surname), Drummond) and Brazil. ...
, the
Lord Lieutenant of Ireland Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the K ...
, took a keen interest in judicial appointments, but he did not regard the Serjeant-at-law as an office of much importance (probably due to his deep distrust of Sir
Audley Mervyn Sir Audley Mervyn of Trillick (1603?–1675) was a lawyer and politician in seventeenth-century Ireland. He was MP for County Tyrone and Speaker of the Irish House of Commons 1661–1666. He was the second son of Sir Henry Mervyn of Petersfield, ...
, who had been the Prime Serjeant in the 1660s), and had always said that one Serjeant was quite enough. He frankly admitted that when he appointed Beckett as Serjeant he had forgotten that Lyndon had already received his
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
of appointment to the same office. A compromise arrangement was reached by which Beckett remained as Second Serjeant; he died a few months later. Ryves was promised, and received, the next vacant Serjeantship, and Lyndon, in addition to becoming Third Serjeant, was promised the next vacant seat on the High Court bench. The desire to conciliate Lyndon suggests that he was highly regarded by Ormonde, who was noted for loyalty to his friends. No specific duties were assigned to him as Third Serjeant, and the office was generally agreed to be surplus to requirements, at a time when the need for even two serjeants was questioned, not least by Ormonde himself, who had remarked many years earlier that the Second Serjeant had nothing to do.


Judge

Ormonde kept his promise about a judicial appointment, and In January 1683 Lyndon was raised to the Bench as justice of the
Court of King's Bench (Ireland) The Court of King's Bench (of Queen's Bench when the sovereign was female, and formerly of Chief Place or Chief Pleas) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The King's Ben ...
. He was sent regularly to
Ulster Ulster (; or ; or ''Ulster'') is one of the four traditional or historic provinces of Ireland, Irish provinces. It is made up of nine Counties of Ireland, counties: six of these constitute Northern Ireland (a part of the United Kingdom); t ...
as justice of
assize The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
. In 1686-7 he was engaged in a dispute with his colleague Thomas Nugent as to which of them had precedence in Court: they are said to have quarrelled "as briskly as two women". He seems to have been in some financial difficulty at this time, as he petitioned the Crown for a
licence A license (American English) or licence (Commonwealth English) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another part ...
to export
wool Wool is the textile fiber obtained from sheep and other mammals, especially goats, rabbits, and camelids. The term may also refer to inorganic materials, such as mineral wool and glass wool, that have some properties similar to animal w ...
, as a means of providing for his family. Despite their differences Nugent and Lyndon, who had jointly presided at the trial for
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
of William (or Henry) Aston, eldest son of their late colleague Sir
William Aston Sir William John Aston, Order of St Michael and St George, KCMG (19 September 1916 – 21 May 1997) was an Australian politician. Born in Sydney, he attended state schools before becoming an accountant and company director. He served in World W ...
, who was found guilty and
hanged Hanging is killing a person by suspending them from the neck with a noose or ligature strangulation, ligature. Hanging has been a standard method of capital punishment since the Middle Ages, and has been the primary execution method in numerou ...
, worked together to secure the return of his property, which was
forfeit Forfeit or forfeiture may refer to: Arts, entertainment, and media * ''Forfeit'', a 2007 thriller film starring Billy Burke * "Forfeit", a song by Chevelle from '' Wonder What's Next'' * '' Forfeit/Fortune'', a 2008 album by Crooked Fingers ...
to the Crown, to his widow and children, who were living in poverty.Maynard, Hazel "Nugent, Thomas" ''Cambridge Dictionary of National Biography''


The Glorious Revolution and afterwards

Although Lyndon was a sincere
Protestant Protestantism is a branch of Christianity that emphasizes Justification (theology), justification of sinners Sola fide, through faith alone, the teaching that Salvation in Christianity, salvation comes by unmerited Grace in Christianity, divin ...
, (being a friend of Ormonde, he was most likely a staunch
Anglican Anglicanism, also known as Episcopalianism in some countries, is a Western Christianity, Western Christian tradition which developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the ...
), the Catholic King James II, despite his policy of replacing Irish Protestant office-holders with Catholics in so far as possible, left Lyndon in peace until after the
Glorious Revolution of 1688 The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...
. James's arrival in Ireland in 1689 put Lyndon and the other remaining Protestants on the Irish Bench in a very difficult position, as they were naturally suspected of sympathising with the new King
William III William III or William the Third may refer to: Kings * William III of Sicily () * William III of England and Ireland or William III of Orange or William II of Scotland (1650–1702) * William III of the Netherlands and Luxembourg (1817–1890) N ...
. Lyndon and his wife tried to escape to England, taking their valuables with them, but they were arrested at the waterside and their goods were seized. His enemies claimed that Lyndon then agreed to preside at the trials of suspected enemies of the Jacobite regime, as a
bribe Bribery is the corrupt solicitation, payment, or acceptance of a private favor (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official duty, to act contrar ...
for the return of his property, and he did resume his position as justice of
assize The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
in Ulster for a time. Later in 1689 he and his family were permitted to go to England, but without their valuables. His position on the Bench was left vacant, apparently because no
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
would pay the fee for the
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
of office. His efforts to practice at the Bar in England encountered a difficulty when it transpired that although he had been a law student at Lincoln's Inn, he had never been called to the English bar. Whether he overcame this disability is unclear. Following the downfall of King James's cause at the
Battle of the Boyne The Battle of the Boyne ( ) took place in 1690 between the forces of the deposed King James II, and those of King William III who, with his wife Queen Mary II (his cousin and James's daughter), had acceded to the Crowns of England and Sc ...
, Lyndon returned to Ireland, and was reappointed to the Bench in 1690 and
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 ...
. He continued to go regularly on assize to Ulster. He remained Recorder of Carrickfergus until 1697, when he resigned; the town corporation chose his son Edward in his place. He died in 1699.


Family

By his wife Elizabeth he had a numerous family, including at least five sons, John, Edward, Charles, Richard and George, and one daughter, who married her cousin Cuthbert Winder. Lady Lyndon died in June 1711, a fact mentioned by
Jonathan Swift Jonathan Swift (30 November 1667 – 19 October 1745) was an Anglo-Irish writer, essayist, satirist, and Anglican cleric. In 1713, he became the Dean (Christianity), dean of St Patrick's Cathedral, Dublin, and was given the sobriquet "Dean Swi ...
in a letter to his beloved friend
Esther Johnson Esther Johnson (13 March 1681 – 28 January 1728) was an Englishwoman known to have been a close friend of Jonathan Swift, known as "Stella". Whether or not she and Swift were secretly married, and if so why the marriage was never made public ...
(''Stella''): "your Lady Lyndon is dead". Their eldest son, Captain John Lyndon, was killed at the
Siege of Limerick (1691) The siege of Limerick in western Ireland was a second siege of the town during the Williamite War in Ireland (1689–1691). The city, held by Jacobite forces, was able to beat off a Williamite assault in 1690. However, after a second siege i ...
. Edward, the second son, served as Recorder of Carrickfergus, like his father and grandfather before him, from 1697 until 1727. He also sat for
Carrickfergus Carrickfergus ( , meaning " Fergus' rock") is a large town in County Antrim, Northern Ireland. It sits on the north shore of Belfast Lough, from Belfast. The town had a population of 28,141 at the 2021 census. It is County Antrim's oldest t ...
in the
Irish House of Commons The Irish House of Commons was the lower house of the Parliament of Ireland that existed from 1297 until the end of 1800. The upper house was the Irish House of Lords, House of Lords. The membership of the House of Commons was directly elected, ...
until 1727. The seat was next held by a younger John Lyndon, who was probably Edward's son.


References

*Ball, F. Elrington ''The Judges in Ireland 1221-1921'' John Murray London 1926 *Hart, A.R. ''History of the King's Serjeant-at-law in Ireland'' Four Courts Press Dublin 2000 *Kenny, Colum ''"King's Inns and the Kingdom of Ireland"'' Dublin Irish Academic Press 1992 *McSkimin, Samuel ''History and Antiquities of the county of the town of Carrickfergus from the earliest records to the present time'' Published by the author Belfast 1829 * ''The correspondence of
Henry Hyde, 2nd Earl of Clarendon Henry Hyde, 2nd Earl of Clarendon, PC (2 June 163831 October 1709) was an English aristocrat and politician. He held high office at the beginning of the reign of his brother-in-law, King James II. Early life He was the eldest son of Edward Hyde ...
with his brother
Lawrence Hyde, 1st Earl of Rochester Laurence Hyde, 1st Earl of Rochester, (March 1642 – 2 May 1711) was an English statesman and writer. He was originally a supporter of James II but later supported the Glorious Revolution in 1688. He held high office under Queen Anne, daug ...
''; published by Samuel Weller Singer London 2 Volumes 1828 *Swift, Jonathan ''Journal to Stella'' Letter 26, July 1711 {{DEFAULTSORT:Lyndon, John People from Carrickfergus Members of Lincoln's Inn 1699 deaths Alumni of Trinity College Dublin Irish MPs 1661–1666 Justices of the Irish King's Bench Members of the Parliament of Ireland (pre-1801) for County Donegal constituencies Serjeants-at-law (Ireland) 1630s births Lawyers from County Antrim