Hugh Wyndham (judge)
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Sir Hugh Wyndham SL (1602 – 24 December 1684), of Silton, near Gillingham, Dorset, was an English Judge of the Common Pleas and a
Baron of the Exchequer The Barons of the Exchequer, or ''barones scaccarii'', were the judges of the English court known as the Exchequer of Pleas. The Barons consisted of a Chief Baron of the Exchequer and several puisne (''inferior'') barons. When Robert Shute was ...
.


Origins

He was born in 1602, at
Orchard Wyndham Orchard Wyndham is a historic manor near Williton in Somerset, centred on the synonymous grade I listed manor house of Orchard Wyndham that was situated historically in the parish of Watchet and about two miles south of the parish church of ...
, Somerset, the eighth son of
Sir John Wyndham ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as part o ...
(1558–1645) of
Orchard Wyndham Orchard Wyndham is a historic manor near Williton in Somerset, centred on the synonymous grade I listed manor house of Orchard Wyndham that was situated historically in the parish of Watchet and about two miles south of the parish church of ...
, by his wife Joan Portman, daughter of Sir Henry Portman (d.1590) of
Orchard Portman Orchard Portman is a village and civil parish in Somerset, England, situated south of Taunton. The village has a population of 150. The parish includes the hamlet of Thurlbear and the nearby Thurlbear Wood and Quarrylands Site of Special Scie ...
, Somerset. His younger brother was the judge Sir Wadham Wyndham (d.1668).


Education

He was educated at
Wadham College, Oxford Wadham College ( ) is a Colleges of the University of Oxford, constituent college of the University of Oxford in the United Kingdom. It is located in the centre of Oxford, at the intersection of Broad Street, Oxford, Broad Street and Parks Road ...
: the college had been founded by his paternal grandmother's brother,
Nicholas Wadham Nicholas Wadham may refer to: * Nicholas Wadham (1531–1609), co-founder of Wadham College, Oxford * Nicholas Wadham (1472–1542), English landowner, courtier and politician {{hndis, Wadham, Nicholas ...
(d.1609). He was admitted 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 ...
on 19 March 1622, and was called to the bar on 16 June 1629, becoming a Bencher in 1648. On 2 January 1643 he was made MA of
Oxford University The University of Oxford is a collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the second-oldest continuously operating u ...
by Royal Warrant.


Career


Judicial service under Cromwell

In February 1654, he became a serjeant-at-law on the authority of parliament. He was appointed a judge of the
court of common pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
on 30 May 1654 by Lord Protector
Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English statesman, politician and soldier, widely regarded as one of the most important figures in British history. He came to prominence during the Wars of the Three Kingdoms, initially ...
, and was appointed to the commission of
oyer and terminer In English law, oyer and terminer (; a partial translation of the Anglo-French , which literally means 'to hear and to determine') was one of the commissions by which a judge of assize sat. Apart from its Law French name, the commission was also ...
charged with dealing with the
Penruddock uprising The Penruddock Uprising was a Royalist revolt launched on 11 March 1655, intending to restore Charles II to the throne of England. It was led by John Penruddock, a Wiltshire landowner who fought for Charles I in the First English Civil War; ...
in 1655. Despite his promotion under Oliver Cromwell, he was looked upon with some suspicion by the
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...
, and in 1651 his home at Silton was searched by order of the Council of State, upon information that some design against the peace had lately been planned there. The search produced nothing incriminating.


Imprisonment at Restoration

He was deprived of his office on the Restoration and was at once called to account for having sat in judgment on the men of
John Penruddock Colonel Sir John Penruddock (or Penruddocke; 1619–1655), of Compton Chamberlayne, was an English Cavalier during the English Civil War and the English Interregnum. He is remembered as the leader of the Penruddock uprising in 1655. The Seale ...
and was imprisoned in the
Tower of London The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic citadel and castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamle ...
while his conduct was investigated. He declared that he had done so "only by the soliciting and earnest importunity of divers of His Majesty's party" and to save the accused if he could.


Pardoned by King Charles II

His reasons were accepted and he was pardoned and allowed to resume practice as a serjeant-at-law in June 1660, this time by royal authority. He did not however return to the bench until 20 June 1670 when he was appointed
Baron of the Exchequer The Barons of the Exchequer, or ''barones scaccarii'', were the judges of the English court known as the Exchequer of Pleas. The Barons consisted of a Chief Baron of the Exchequer and several puisne (''inferior'') barons. When Robert Shute was ...
, eight days after which he was knighted by King Charles II. On 22 January 1673, he became a judge of the
court of common pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
once more.


Service after Great Fire

After the
Great Fire of London The Great Fire of London was a major conflagration that swept through central London from Sunday 2 September to Wednesday 5 September 1666, gutting the medieval City of London inside the old London Wall, Roman city wall, while also extendi ...
in 1666, Sir Hugh Wyndham, along with his brother Sir Wadham Wyndham, served as a judge at the Fire Court set up in 1667 to hear cases relating to property destroyed in the fire. The Court sat at
Clifford's Inn Clifford's Inn is the name of both a former Inn of Chancery in London and a present mansion block on the same site. It is located between Fetter Lane and Clifford's Inn Passage (which runs between Fleet Street and Chancery Lane) in the City of ...
and focused primarily on deciding who should pay for a property to be rebuilt, and cases were heard and a verdict usually given within a day. The judges worked ''gratis'', three to four days a week. Had it not been for the operation of the Fire Court legal wrangles might have dragged on for months, which would have delayed the rebuilding which was so necessary for London to recover. In recognition of their services the artist John Michael Wright (c. 1617–1694), was commissioned to paint portraits of all 22 judges who had sat in the Fire Court. Wyndham's portrait is held today by the
Guildhall Art Gallery The Guildhall Art Gallery houses the art collection of the City of London, England. The museum is located in the Moorgate area of the City of London. It is a stone building in a semi-Gothic style intended to be sympathetic to the historic Guil ...
, in the
City of London The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...
.


Marriage and progeny

He married three times: *Firstly, c.1640 to Jane Wodehouse, daughter of
Sir Thomas Wodehouse, 2nd Baronet Sir Thomas Wodehouse, 2nd Baronet (c. 1585 – 18 March 1658), was an English baronet and Member of Parliament (United Kingdom), Member of Parliament. Wodehouse was the son of Sir Philip Wodehouse, 1st Baronet, of Kimberley, Norfolk, and his ...
(died 1658) of
Kimberley, Norfolk Kimberley is a village and former civil parish, now in the parish of Kimberley and Carleton Forehoe in the English county of Norfolk. Kimberly is located north-west of Wymondham and west of Norwich. History Kimberley's name is of Anglo-Sa ...
, and by her had two sons and three daughters. Only two daughters survived to adulthood: **Blanche Wyndham, who married Sir Nathaniel Napier, 2nd Baronet **Rachel Wyndham, who married John Digby, later third and last Earl of Bristol. *Secondly he married Elizabeth Mynne, daughter of Sir William Mynne (or Minn) (c.1561–1618) of
Woodcote Park Woodcote Park is a Grade II* listed stately home and estate of about near Epsom, Surrey, England, currently owned by the Royal Automobile Club. It was formerly the seat of a number of prominent English families, including the Calvert family, B ...
, Epsom, Surrey, the nephew of Nicholas Mynne, and widow of Sir Henry Berkeley, 1st Baronet of
Wymondham, Leicestershire Wymondham (pronounced, phonetically, ) is a village in the Borough of Melton in Leicestershire, England. It is part of a civil parish which also covers the nearby hamlet of Edmondthorpe. The parish has a population of 623, increasing to 632 a ...
. There was no issue. *Thirdly, in 1675 he married Katherine Fleming, daughter of Thomas Fleming (d. 1639; son of Thomas Fleming) of
North Stoneham North Stoneham is a settlement between Eastleigh and Southampton in south Hampshire, England. Formerly an ancient estate, manor, and civil parish, it is currently part of the Borough of Eastleigh. Until the nineteenth century, it was a rural c ...
, Hampshire, and widow of Sir Edward Hooper of Boveridge ( or Beveridge), Dorset. They also had no issue.


Death and burial

Sir Hugh Wyndham died in his eighty-second year on 27 July 1684 while on circuit at Norwich. He was buried at the church of St Nicholas, Silton, Dorset, and is commemorated by a white marble memorial, "a very fine standing figure", sculpted by Jan van Nost.
Rupert Gunnis Rupert Forbes Gunnis (11 March 1899 – 31 July 1965) was an English collector and historian of British sculpture. He is best known for his ''Dictionary of British Sculptors 1660–1851'', which "revolutionized the study of British sculpture, pr ...
, ''
Dictionary of British Sculptors 1660–1851 The ''Dictionary of British Sculptors 1660–1851'' is a biographical dictionary of sculptors active in Britain in the period between the Restoration of Charles II and the Great Exhibition of 1851. It has appeared in three editions, published in ...
'' (1968 revised edition), p.281, calls it "a very fine standing figure".
His will, covering estates in Dorset and Somerset, left his lands to his two daughters. Wyndham's Oak, an historic tree named after Wyndham, in whose shade he used to sit, stands near Silton.


Sources

* * Wyndham, the Hon H A, "A Family History, The Wyndhams of Somerset, Sussex and Wiltshire", 1950.


References


External links


Museum of London.
{{DEFAULTSORT:Wyndham, Hugh 1602 births 1684 deaths Alumni of Wadham College, Oxford 17th-century English judges Knights Bachelor Members of Lincoln's Inn Serjeants-at-law (England) Justices of the common pleas Barons of the Exchequer
Hugh Hugh is the English-language variant of the masculine given name , itself the Old French variant of '' Hugo (name)">Hugo'', a short form of Continental Germanic Germanic name">given names beginning in the element "mind, spirit" (Old English ). ...
People from North Dorset District