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Sir Thomas Pengelly (16 May 1675''London, England, Church of England Baptisms, Marriages and Burials, 1538-1812'' – 14 April 1730) was a British lawyer, judge, novelist and later the
Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with Bicameralism, bicameral parliaments, this term refers only to members of the lower house since upper house ...
for Cockermouth, serving from 1722 to 1727, and
Lord Justice of Appeal A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice ...
in 1726.


Early years

Born and baptised on 16 May 1675, Thomas Pengelly was the son of Thomas Pengelly, a prosperous London-based merchant, and his wife, Rachel Baines. By 1683, the family's home in Hereford had provided
lodging Lodging refers to the use of a short-term dwelling, usually by renting the living space or sometimes through some other arrangement. People who travel and stay away from home for more than a day need lodging for sleep, rest, food, safety, shelt ...
s for the former Protector
Richard Cromwell Richard Cromwell (4 October 162612 July 1712) was an English statesman who was the second and last Lord Protector of the Commonwealth of England, Scotland and Ireland and son of the first Lord Protector, Oliver Cromwell. On his father's death ...
after the
Restoration of the Monarchy Restoration is the act of restoring something to its original state and may refer to: * Conservation and restoration of cultural heritage ** Audio restoration ** Film restoration ** Image restoration ** Textile restoration *Restoration ecology ...
. On the death of Thomas Pengelly Snr. in 1696, Cromwell continued to lodge with Mrs Pengelly, moving with her to her property in Cheshunt in Hertfordshire in 1700, and remaining there until his own death in 1712. This arrangement created a rumour that the younger Thomas Pengelly was his son.


Legal and political career

Pengelly, was apprenticed as a clerk in an
Attorney at Law Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, the Philippines, and the United ...
’s office in London in 1691 aged 16, and was admitted to the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and W ...
in 1692. He was Called to the Bar on 24 November 1700, and in 1710 he was created a Serjeant-at-law. By 1720 he was regarded as one of the leading Advocates practising in
Westminster Hall The Palace of Westminster serves as the meeting place for both the House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parliament, the Palace lies on the north ban ...
where he was widely known as an authority in Corporate law. By 1717 Pengelly had become the foremost legal adviser to the Duke of Somerset, and during the 1720s he was also legal adviser to the Duchess of Marlborough when she became involved in court cases concerning the Blenheim estate, which she had inherited from her father, the first Duke of Marlborough. On 1 May 1719 Pengelly was
knight A knight is a person granted an honorary title of 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. Knighthood finds origins in the G ...
ed and appointed Prime Serjeant to King George I. As Prime Serjeant he was involved in the trial of the
Jacobite Jacobite means follower of Jacob or James. Jacobite may refer to: Religion * Jacobites, followers of Saint Jacob Baradaeus (died 578). Churches in the Jacobite tradition and sometimes called Jacobite include: ** Syriac Orthodox Church, sometimes ...
plotter Christopher Layer for
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
in early 1722. Pengelly was re-elected as the
Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with Bicameralism, bicameral parliaments, this term refers only to members of the lower house since upper house ...
for Cockermouth in 1722. During his five years in Parliament he was involved in various legal matters, including pursuing the directors of the South Sea Company. In 1725 he was involved in the impeachment of the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. T ...
,
Lord Macclesfield Earl of Macclesfield is a title that has been created twice. The first creation came in the Peerage of England in 1679 in favour of the soldier and politician Charles Gerard, 1st Baron Gerard. He had already been created Baron Gerard, of Bran ...
, who had sold positions to several Masters of Chancery and who, in an attempt to regain the high cost of the bribes required to buy their offices, had subsequently invested and lost their clients' money in the South Sea Bubble crash. In 1726 he was also involved in the expulsion from the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
of John Ward, whom he had prosecuted for defrauding the Duke of Buckingham. On 16 October 1726 he was appointed as Lord Chief Baron of the Exchequer and thereby obliged to give up his parliamentary seat. He died unmarried and childless at Blandford in
Dorset Dorset ( ; archaically: Dorsetshire , ) is a county in South West England on the English Channel coast. The ceremonial county comprises the unitary authority areas of Bournemouth, Christchurch and Poole and Dorset. Covering an area of ...
on 14 April 1730, and was buried in the Temple Church on 29 April. In his will he left £2890 for the discharge of poor prisoners on the Western Circuit and in London.


References

, - {{DEFAULTSORT:Pengelly, Thomas 1675 births 1730 deaths 18th-century English judges Chief Barons of the Exchequer Members of the Parliament of Great Britain for English constituencies British MPs 1715–1722 British MPs 1722–1727 Knights Bachelor Serjeants-at-law (England)