James Ley, 1st Earl of Marlborough
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James Ley, 1st Earl of Marlborough (c. 1552–1629) was an English judge and politician who sat in 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. ...
at various times between 1597 and 1622. He was
Lord Chief Justice Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
of the King's Bench in Ireland and then in England, and was
Lord High Treasurer The post of Lord High Treasurer or Lord Treasurer was an English government position and has been a British government position since the Acts of Union of 1707. A holder of the post would be the third-highest-ranked Great Officer of State in ...
from 1624 to 1628. On 31 December 1624,
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 ...
created him Baron Ley, of Ley in the County of Devon, and on 5 February 1626,
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
created him Earl of Marlborough. Both titles became extinct upon the death of the 4th Earl of Marlborough in 1679.


Early life

James Ley was the youngest son of the soldier and landowner Henry Ley (died 1574), of
Teffont Evias Teffont Evias is a small village and former civil parish in the Nadder valley in the south of Wiltshire, England. Edric Holmes described the village as "most delightfully situated", and Maurice Hewlett included Teffont in his list of the half ...
, Wiltshire, where he was born in about 1552. His mother was Dyonisia de St. Mayne, or St. Maure, daughter of Walter St. Maure. He attended both
Cambridge Cambridge ( ) is a university city and the county town in Cambridgeshire, England. It is located on the River Cam approximately north of London. As of the 2021 United Kingdom census, the population of Cambridge was 145,700. Cambridge bec ...
and
Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
Universities, graduating from
Brasenose College Brasenose College (BNC) is one of the constituent colleges of the University of Oxford in the United Kingdom. It began as Brasenose Hall in the 13th century, before being founded as a college in 1509. The library and chapel were added in the m ...
, Oxford in 1574. He then trained as a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
, becoming a bencher of
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and reader of
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. Ley's older brother
Matthew Matthew may refer to: * Matthew (given name) * Matthew (surname) * ''Matthew'' (ship), the replica of the ship sailed by John Cabot in 1497 * ''Matthew'' (album), a 2000 album by rapper Kool Keith * Matthew (elm cultivar), a cultivar of the Ch ...
(c. 1545 – 1636) also sat as MP for Westbury.


Public service

Ley was elected as
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 bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
for Westbury in 1597. In 1603, he was appointed a judge on the
Carmarthen Carmarthen (, RP: ; cy, Caerfyrddin , "Merlin's fort" or "Sea-town fort") is the county town of Carmarthenshire and a community in Wales, lying on the River Towy. north of its estuary in Carmarthen Bay. The population was 14,185 in 2011, ...
circuit. That November he became a
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 writ ...
and in December
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 ...
knighted him: the King formed a high opinion of his abilities. He was elected MP for Westbury again in 1604, and then King James sent him to Dublin as
Lord Chief Justice of the King's Bench for Ireland The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) 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 Lord Chief Justice was the most senior judge ...
. He also served on the
Privy Council of Ireland His or Her Majesty's Privy Council in Ireland, commonly called the Privy Council of Ireland, Irish Privy Council, or in earlier centuries the Irish Council, was the institution within the Dublin Castle administration which exercised formal executi ...
, and was a Commissioner for the
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in 1605. He entered the
King's Inns The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) 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 environment ...
, which had been virtually in abeyance, in 1607, and did much to restore its status as a professional body. He was diligent in his official duties, and was the first judge to hold an
assize The courts of assize, or assizes (), 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 e ...
in
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. Amongst other things, he caused the English
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to be translated into Irish and sought to enforce Protestant
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on the Irish Catholic nobility. As a result, he became highly unpopular, and a flood of complaints went back to England concerning the severity of his administration. Ley was called back to England in 1608, ostensibly to brief the
English Privy Council The Privy Council of England, also known as His (or Her) Majesty's Most Honourable Privy Council (), was a body of advisers to the sovereign of the Kingdom of England. Its members were often senior members of the House of Lords and the House of ...
on the settlement of Ulster. He was then appointed to the lucrative post of Attorney-General of the
Court of Wards The Court of Wards and Liveries was a court established during the reign of Henry VIII in England. Its purpose was to administer a system of feudal dues; but as well as the revenue collection, the court was also responsible for wardship and liv ...
. Further promotion came slowly. He was a member of Parliament for Westbury again in 1609–1614 and was elected MP for Bath in 1614. He was made a baronet in 1619. In 1621 he was made an English judge at Westminster when he became
Lord Chief Justice Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
. He was elected MP for Westbury again in 1621, but was required to preside in the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
following the disgrace of
Francis Bacon Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626), also known as Lord Verulam, was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England. Bacon led the advancement of both ...
, though he was not made
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, despite reportedly offering £10,000 for the office. The same year he married his third wife Jane Boteler, niece of the prime
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Buckingham. Late in 1624, through the influence of Buckingham, Ley replaced
Cranfield Cranfield is a village and civil parish in the west of Bedfordshire, England, situated between Bedford and Milton Keynes. It had a population of 4,909 in 2001. increasing to 5,369 at the 2011 Census. The parish is in Central Bedfordshire uni ...
as
Lord High Treasurer The post of Lord High Treasurer or Lord Treasurer was an English government position and has been a British government position since the Acts of Union of 1707. A holder of the post would be the third-highest-ranked Great Officer of State in ...
, also being sworn as a Privy Councillor. He was created Baron Ley, and then in 1626
Earl of Marlborough Earl of Marlborough is a title that has been created twice, both times in the Peerage of England. The first time in 1626 in favour of James Ley, 1st Earl of Marlborough, James Ley, 1st Baron Ley and the second in 1689 for John Churchill, 1st Duke ...
. His treasurership was hampered by
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
's financial difficulties, and his own lack of experience in the world of finance. He retired from this in 1628, and from July until December of that year he was Lord President of the Council. However, he soon retired to Lincoln's Inn and died the following March. He was remembered as a poor statesman but an able and impartial judge.


Other achievements

Ley was a founder member of the Society of Antiquaries. None of his works on legal or antiquarian subjects were published in his lifetime, but his grandson
James Ley, 3rd Earl of Marlborough James Ley, 3rd Earl of Marlborough (28 January 1618 – 3 June 1665) was a British peer, naval admiral and coloniser, and Member of Parliament. He was styled Lord Ley from 1629 to 1638. Life He was the only son of Henry Ley, 2nd Earl of Marlboro ...
arranged for the publication of his treatise on wardship in 1642, and a collection of law reports in 1659. Four of his papers to the Society of Antiquaries were published by Thomas Hearne in his ''Collection of Curious Discourses'' (1720).


Personal life

In 1578, Ley and his brother
Matthew Matthew may refer to: * Matthew (given name) * Matthew (surname) * ''Matthew'' (ship), the replica of the ship sailed by John Cabot in 1497 * ''Matthew'' (album), a 2000 album by rapper Kool Keith * Matthew (elm cultivar), a cultivar of the Ch ...
bought Brembridge manor, near Westbury in Wiltshire, and he went on to acquire other landholdings around Westbury. Matthew later acquired Heywood manor, north of Westbury, and Ley later rebuilt the house there (which was in turn rebuilt in the 19th century). Ley married firstly Mary Pettie, daughter of John Pettie and Elizabeth Savage, of Stoke Talmage,
Oxfordshire Oxfordshire is a ceremonial and non-metropolitan county in the north west of South East England. It is a mainly rural county, with its largest settlement being the city of Oxford. The county is a centre of research and development, primarily ...
, by whom he had three sons and eight daughters, including: *
Henry Ley, 2nd Earl of Marlborough Henry Ley, 2nd Earl of Marlborough (3 December 1595 – 1 April 1638) was an English peer and Member of Parliament. He was baptised on 3 December 1595, the eldest son of James Ley, 1st Earl of Marlborough and his wife, Mary née Petty and educate ...
*William Ley, 4th Earl of Marlborough *
Lady Hester Pulter Lady Hester Pulter (née Ley) (1605–1678) was a seventeenth-century poet and writer, whose manuscript was rediscovered in 1996 in the Brotherton Library, University of Leeds. Her major works include "Poems Breathed Forth By the Noble Hadassas" ...
, the poet *Anne Ley, who married Sir Walter Long of Draycot Cerne, MP He married secondly in 1618 Mary Bowyer, daughter of Thomas Pierson, and widow of Sir William Bowyer; she died only a few months later. He married thirdly Jane Boteler, daughter of
John Boteler, 1st Baron Boteler of Brantfield John Boteler, 1st Baron Boteler of Brantfield, (''c.'' 1566 – 27 May 1637) was an English politician who sat in the House of Commons from 1625 to 1626. The Butlers of Hertfordshire claimed descent from Ralph le Boteler, butler to Robert de Bea ...
and his wife Elizabeth Villiers, half-sister of
George Villiers, 1st Duke of Buckingham George Villiers, 1st Duke of Buckingham, 28 August 1592 – 23 August 1628), was an English courtier, statesman, and patron of the arts. He was a favourite and possibly also a lover of King James I of England. Buckingham remained at the ...
, to which connection he owed his later advancement. She remarried William Ashburnham and died in 1672. The Earl's third marriage is said to have caused bitter family quarrels.


Notes


References

* Wilfrid Prest,
Ley, James, first early of Marlborough (1550–1629)
,
Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
, Oxford University Press, Sept 2004; online edn, Jan 2008, accessed 22 Jan 2009
LEY, James (1550-1629), of Westbury, Wilts.
at History of Parliament , - {{DEFAULTSORT:Marlborough, James Ley, 1st Earl Of 1550s births 1629 deaths Lord chief justices of England and Wales Alumni of Brasenose College, Oxford Alumni of Queens' College, Cambridge Members of Lincoln's Inn Lord High Treasurers English antiquarians Lord Presidents of the Council Serjeants-at-law (England) English MPs 1597–1598 English MPs 1604–1611 English MPs 1614 English MPs 1621–1622 Ley, James 16th-century English judges 16th-century English lawyers Earls of Marlborough