Francis Gawdy
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Sir Francis Gawdy (died 15 December 1605) was an English judge. He was a
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 ...
, and
Chief Justice of the Common Pleas The chief justice of the Common Pleas was the head of the Court of Common Pleas, also known as the Common Bench or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the othe ...
. His country seat and estates were in Norfolk.


Career


Family and name

Francis Gawdy was the third son of Thomas Gawdy, and was
baptised Baptism (from grc-x-koine, βάπτισμα, váptisma) is a form of ritual purification—a characteristic of many religions throughout time and geography. In Christianity, it is a Christian sacrament of initiation and adoption, almost inv ...
Thomas Gawdy, as were his two elder half-brothers,D. Ibbetson, 'Gawdy, Sir Francis (d. 1605)', ''Oxford Dictionary of National Biography'' (Oxford University Press 2004)
subscription required for online access
Thomas Gawdy (d.1556) and Thomas Gawdy (d.1588). Francis then had his name changed at his
Confirmation In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant created in baptism. Those being confirmed are known as confirmands. For adults, it is an affirmation of belief. It involves laying on ...
, establishing legal precedent that a name given at baptism could be changed at confirmation.


Legal education and progress

He may have studied at
Trinity Hall, Cambridge Trinity Hall (formally The College or Hall of the Holy Trinity in the University of Cambridge) is a constituent college of the University of Cambridge. It is the fifth-oldest surviving college of the university, having been founded in 1350 by ...
, matriculating in 1545, but this record might rather be attributable to Francis's half-brother, the Thomas Gawdy who died in 1588. He was called to the bar at
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 ...
in 1549, becoming a bencher in 1558 and treasurer in 1571. He was Reader at
Lyon's Inn Lyon's Inn was one of the Inns of Chancery attached to London's Inner Temple. Founded some time during or before the reign of Henry V, the Inn educated lawyers including Edward Coke and John Selden, although it was never one of the larger Inns. It ...
in 1561 and at the Inner Temple in 1566 and 1571. He had an unremarkable parliamentary career, elected to represent Morpeth for the 1571 election, but focused mainly on his legal career. He was made
Serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are wri ...
in 1577 and
Queen's Serjeant A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are wri ...
in 1582, and as Queen's Serjeant opened the prosecution against
Mary, Queen of Scots Mary, Queen of Scots (8 December 1542 – 8 February 1587), also known as Mary Stuart or Mary I of Scotland, was Queen of Scotland from 14 December 1542 until her forced abdication in 1567. The only surviving legitimate child of James V of S ...
.


Marriage and estates

In 1563 he married Elizabeth, daughter of Christopher Coningsby. Sir Henry Spelman wrote (of Shouldham "Abbey") that
"Sir Francis Gaudy of the Justices of the King's Bench was owner of it, he married lizabeththe Daughter and Heir of Christopher Cunningsby Lord of the Manour of Wallington, and having this Manour and other Lands in right of his Wife, induced her to acknowledge a Fine thereof, which done she became a distracted Woman, and continued so to the day of her Death, and was to him for many Years a perpetual affliction."
In this she believed he had cheated her out of her interest in Eston Hall, her father's home. He also obtained Fincham Hall (
Fincham Fincham is a village and civil parish the English county of Norfolk. The village is located south of King's Lynn and west of Norwich, along the A1122 between Outwell and Swaffham. History Fincham's name is of Anglo-Saxon origin and derives fro ...
, Norfolk) and Wallington Hall (
Runcton Holme Runcton Holme is a village and civil parish in the English county of Norfolk. It covers an area of and had a population of 676 in 288 households at the 2001 census, the population reducing to 657 at the 2011 census. For the purposes of local ...
, Norfolk), which had belonged to Elizabeth's father, J. Chambers (ed.), ''A General History of the County of Norfolk, Intended to Convey All the Information of a Norfolk Tour, with the More Extended Details of Antiquarian, Statistical, Pictorial, Architectural, and Miscellaneous Information; Including Biographical Notices, Original and Selected'' (1829)
p. 72
(Google). Retrieved 24 September 2008
Christopher Coningsby, the son of
William Coningsby Sir William Coningsby ( – September 1540) was an English Member of Parliament and a Justice of the King's Bench. Biography William Coningsby was born by 1483, the son of Sir Humphrey Coningsby of Aldenham, Hertfordshire. He was educated at ...
. Coningsby had been the
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 news ...
in
King's Lynn King's Lynn, known until 1537 as Bishop's Lynn and colloquially as Lynn, is a port and market town in the borough of King's Lynn and West Norfolk in the county of Norfolk, England. It is located north of London, north-east of Peterborough, nor ...
.


Later career

Gawdy succeeded his elder brother, the middle Thomas Gawdy, as a justice of the King's Bench in 1588. With
John Clench John Clench (c. 1535 - 1607) was an English judge, a Serjeant-at-Law, Baron of the Exchequer and Justice of the Queen's Bench, of the late Tudor period. He established his family in south-east Suffolk, in the neighbourhood of Ipswich, where fo ...
, Francis Wyndham and
William Peryam Sir William Peryam (15349 October 1604) of Little Fulford, near Crediton in Devon, was an English judge who rose to the position of Lord Chief Baron of the Exchequer in 1593, and was knighted by Queen Elizabeth I. Origins Peryam was born in ...
, he was one of the four justices appointed to hear causes in Chancery in the six months which intervened between the death of his kinsman the Lord Chancellor, Sir
Christopher Hatton Sir Christopher Hatton KG (1540 – 20 November 1591) was an English politician, Lord Chancellor of England and a favourite of Elizabeth I of England. He was one of the judges who found Mary, Queen of Scots guilty of treason. Early years Sir ...
(20 November 1591), and the appointment of his successor, Sir
John Puckering Sir John Puckering (1544 – 30 April 1596) was a lawyer and politician who served as Speaker of the House of Commons and Lord Keeper of the Great Seal from 1592 until his death. Origins He was born in 1544 in Flamborough, East Riding of Yor ...
. He took part in many of the major trials of this period, including that of
Sir Walter Raleigh Sir Walter Raleigh (; – 29 October 1618) was an English statesman, soldier, writer and explorer. One of the most notable figures of the Elizabethan era, he played a leading part in English colonisation of North America, suppressed rebelli ...
in 1603, and was knighted the same year. Gawdy apparently expected to succeed Sir William Peryam as
Lord 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 pre ...
, but
James I James I may refer to: People *James I of Aragon (1208–1276) *James I of Sicily or James II of Aragon (1267–1327) *James I, Count of La Marche (1319–1362), Count of Ponthieu *James I, Count of Urgell (1321–1347) *James I of Cyprus (1334–13 ...
informed him he was being saved for a more senior position when it became available, and appointed Sir Thomas Fleming to that position instead.


Raising his granddaughter

The sole issue of his marriage was his daughter Elizabeth. In 1589, at Holdenby, she married Sir William Newport (a nephew and heir of Sir Christopher Hatton's), who changed his name to William Hatton (1560-1597): it was an occasion upon which Sir Christopher Hatton demonstrated his celebrated predilection for dancing.N.H. Nicolas, ''Memoirs of the Life and Times of Sir Christopher Hatton'' (Richard Bentley, London 1847)
pp. 478–9
an
p. 502
(Hathi Trust).
Elizabeth died during her father's lifetime leaving no male issue, but an only daughter, Frances (1590-1623), who was brought up by Gawdy himself. Sir William's second wife was Elizabeth Cecil, who, upon Sir William's death, remarried to that eminent jurist Sir
Edward Coke Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sax ...
. In February 1605, without her grandfather's approval, Frances was married to Robert Rich, who became Earl of Warwick in 1619, and after this marriage Gawdy broke off relations between himself and his granddaughter. In August 1605 Gawdy was appointed
Chief Justice of the Common Pleas The chief justice of the Common Pleas was the head of the Court of Common Pleas, also known as the Common Bench or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the othe ...
, a position he did not live to enjoy, dying of
apoplexy Apoplexy () is rupture of an internal organ and the accompanying symptoms. The term formerly referred to what is now called a stroke. Nowadays, health care professionals do not use the term, but instead specify the anatomic location of the bleedi ...
on 15 December at
Serjeant's Inn Serjeant's Inn (formerly Serjeants' Inn) was the legal inn of the Serjeants-at-Law in London. Originally there were two separate societies of Serjeants-at-law: the Fleet Street inn dated from 1443 and the Chancery Lane inn dated from 1416. In 17 ...
.


Death and burial

After his death his body was brought from London to Wallington; it is said that they could find no place to bury his body as he was refused space locally. (Gawdy had depopulated the town around his hall and converted the church to a dog kennel or hay store.) As the smell of the body became offensive he was eventually buried without ceremony at
North Runcton North Runcton is a village and a civil parish in the English county of Norfolk. The village is west of Norwich, south-south-west of King's Lynn and north of London. The village is located a small distance south-west of the A47 between King's ...
church and only paving stones were used to cover the grave. The parish register at North Runcton records that he was buried in the chancel by the local parson on 27 February (although the differing calendars would account for much of this apparent delay).W. Blyth, ''Runcton registers cited in Historical Notices and Records of the Village and Parish of Fincham'' (1863)
p. 16
(Google). Retrieved 24 September 2008
It was noted in 1829 that Wallington church was in ruins although the Hall was well repaired. Wallington Hall has been described as a "Tudor Rose in Bloom". The house still stands today in nearly near
King's Lynn King's Lynn, known until 1537 as Bishop's Lynn and colloquially as Lynn, is a port and market town in the borough of King's Lynn and West Norfolk in the county of Norfolk, England. It is located north of London, north-east of Peterborough, nor ...
and was valued at five million pounds in 2006.'A Tudor Rose in Bloom', ''The Times''
16 June 2006
(The Times online). Retrieved September 2008


References

{{DEFAULTSORT:Gawdy, Francis Year of birth missing 16th-century births 1605 deaths Chief Justices of the Common Pleas Knights Bachelor Members of the Inner Temple Serjeants-at-law (England) English MPs 1571 Alumni of Trinity Hall, Cambridge Justices of the King's Bench 17th-century English judges 16th-century English judges 16th-century English lawyers