James Montagu (judge)
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Sir James Montagu (2 February 1666 – 1723), of the
Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
, London, was an English lawyer and Whig politician, who sat in the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, 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 ...
at various times between 1695 and 1713. He became a judge and also served as
Solicitor General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
and
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
.


Early life

Montagu was the seventh, but fifth surviving son of George Montagu of Horton, Northamptonshire, and his wife Elizabeth Irby, daughter of Sir Anthony Irby and was baptized at Horton on 5 March 1666. His grandfather was
Henry Montagu, 1st Earl of Manchester Henry Montagu, 1st Earl of Manchester (7 November 1642) was an English judge, politician and peer. He is mainly remembered today as the judge who sentenced Sir Walter Raleigh to death. Life He was the 3rd son of Edward Montagu of Boughton and ...
. He was educated at
Westminster School Westminster School is a Public school (United Kingdom), public school in Westminster, London, England, in the precincts of Westminster Abbey. It descends from a charity school founded by Westminster Benedictines before the Norman Conquest, as do ...
and was admitted at
Trinity College, Cambridge Trinity College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any ...
and
Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
in 1683. In 1689 he was
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 ...
from
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 ...
. He was appointed secretary to the chancellor of Exchequer in April 1694. He married Tufton Wray, daughter of Sir William Wray, 1st Baronet, of Ashby on 6 October 1694.


Career

At the
1695 English general election The 1695 English general election was the first to be held under the terms of the Triennial Act 1694, which required parliament to be dissolved and fresh elections called at least every three years. This measure helped to fuel partisan rivalry ov ...
Montagu was returned in a contest as Member of Parliament for
Tregony Tregony (), sometimes in the past Tregoney, is a village and former civil parishes in England, civil parish, now in the parish of Tregony with Cuby, in Cornwall, England, United Kingdom. It lies on the River Fal. In the village there is a post o ...
. By 1698 he was counsel for Cambridge University when he was awarded MA and was also appointed chief justice of Ely. He was returned as MP for Beeralston in a by-election on 30 December 1698, but did not stand in the 1701 general elections or at the
1702 English general election The 1702 English general election was the first to be held during the reign of Anne, Queen of Great Britain, Queen Anne, and was necessitated by the demise of William III of England, William III. The new government dominated by the Tories (Briti ...
. In 1704 he successfully defended
John Tutchin John Tutchin (c.1660 or 1664 – 23 September 1707) was a radical Whig controversialist and gadfly English journalist (born in Lymington, Hampshire), whose ''The Observator'' and earlier political activism earned him multiple trips before the bar ...
, indicted for a libel published in his periodical, ''The Observator'', and two years later he was leading counsel in the prosecution of Beau Fielding for
bigamy In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their mar ...
in marrying the Duchess of Cleveland. In 1705 he was committed by the House of Commons to the custody of the
serjeant-at-arms A serjeant-at-arms or sergeant-at-arms is an officer appointed by a deliberative body, usually a legislature, to keep order during its meetings. The word "serjeant" is derived from the Latin , which means "servant". Historically, serjeants-at-ar ...
for having in 1704 demanded a ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'' on behalf of the group of
Aylesbury Aylesbury ( ) is the county town of Buckinghamshire, England. It is home to the Roald Dahl Children's Gallery and the Aylesbury Waterside Theatre, Waterside Theatre. It is located in central Buckinghamshire, midway between High Wycombe and Milt ...
men, whom the house had committed to
Newgate Prison Newgate Prison was a prison at the corner of Newgate Street and Old Bailey, just inside the City of London, England, originally at the site of Newgate, a gate in the Roman London Wall. Built in the 12th century and demolished in 1904, the pr ...
for bringing actions against the returning officer. Montagu pleaded strongly against the privilege claimed by the Commons. He remained in custody from 26 February to 14 March, when parliament was prorogued and afterwards dissolved. In April 1705 he was knighted at Cambridge, and was made a Q.C. in November of the same year. Montagu was next returned to Parliament as MP for
Carlisle Carlisle ( , ; from ) is a city in the Cumberland district of Cumbria, England. Carlisle's early history is marked by the establishment of a settlement called Luguvalium to serve forts along Hadrian's Wall in Roman Britain. Due to its pro ...
after a contest at the
1705 English general election The 1705 English general election saw contests in 110 United Kingdom constituencies, constituencies in England and Wales, roughly 41% of the total. The election was fiercely fought, with mob violence and cries of "Church in Danger" occurring in ...
. He became
solicitor-general A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
and also Bencher of his Inn in 1707. At the
1708 British general election The 1708 British general election was the first general election to be held after the Acts of Union had united the Parliaments of England and Scotland. The election saw the Whigs gain a majority in the House of Commons, and by November the Whi ...
he was returned unopposed as MP for Carlisle. He was appointed
attorney-general In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
in September 1708 and was Treasurer of his Inn in 1708 and Library Keeper in 1709. As attorney-general Montagu opened the case in the House of Lords against
Henry Sacheverell Henry Sacheverell (; 8 February 1674 – 5 June 1724) was an English high church Anglican clergyman who achieved nationwide fame in 1709 after preaching an incendiary 5 November sermon. He was subsequently impeached by the House of Commons and ...
. At the
1710 British general election The 1710 British general election produced a landslide victory for the Tories. The election came in the wake of the prosecution of Henry Sacheverell, which had led to the collapse of the previous government led by Godolphin and the Whig Junto. ...
he was returned in a contest as MP for Carlisle. With the change of Administration he lost his position as Attorney-general in September 1710. The queen then granted him a pension, which was made the subject of a motion brought before the house in 1711. In this motion, Colonel Gledhill represented it as intended to defray the expenses of Montagu's election at Carlisle, but the charge was disproved. Montagu was dean of the Chapel at Lincoln's Inn in 1711. He did not stand at the
1713 British general election The 1713 British general election was held on 22 August 1713 to 12 November 1713, to elect members of the House of Commons, the lower house of the Parliament of Great Britain. It produced further gains for the governing Tory party. Since 1710 R ...
. Montagu's wife Tufton had died in 1712, and he married, as his second wife, his cousin Elizabeth Montagu, daughter of Robert Montagu, 3rd Earl of Manchester, on 6 October 1713. He became serjeant-at-law on 26 October 1714, was made 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 ...
on 22 November 1714. Also in 1714, he became joint collector of tunnage and poundage, for the
Port of London The Port of London is that part of the River Thames in England lying between Teddington Lock and the defined boundary (since 1968, a line drawn from Foulness Point in Essex via Gunfleet Old Lighthouse to Warden Point in Kent) with the North Se ...
for life. He was lord commissioner of the great seal (on the resignation of Lord Cowper) from 18 April to 12 May 1718, when Lord Parker became lord chancellor. He became
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 pres ...
in May 1722.


Death and legacy

Montagu died on 1 October 1723 leaving a son and a daughter by his first wife. He was succeeded by his son
Charles Charles is a masculine given name predominantly found in English language, English and French language, French speaking countries. It is from the French form ''Charles'' of the Proto-Germanic, Proto-Germanic name (in runic alphabet) or ''* ...
who sat as a Whig Member of Parliament for St. Albans. His daughter Elizabeth, married Sir Clement Wearg. Montagu's brother was
Charles Montagu, 1st Earl of Halifax Charles Montagu, 1st Earl of Halifax (16 April 1661 – 19 May 1715) was an England, English statesman and poet. He was the grandson of the Henry Montagu, 1st Earl of Manchester, 1st Earl of Manchester and was eventually ennobled himself, firs ...
.


References

, - , - , - {{DEFAULTSORT:Montagu, James 1666 births 1723 deaths People from Tregony People educated at Westminster School, London Alumni of Trinity College, Cambridge Members of the Middle Temple Attorneys general for England and Wales 18th-century English judges James Montagu Serjeants-at-law (England) Solicitors general for England and Wales Barons of the Exchequer Chief Barons of the Exchequer Members of the pre-1707 English Parliament for constituencies in Cornwall English MPs 1695–1698 English MPs 1698–1700 English MPs 1705–1707 Members of the Parliament of Great Britain for Carlisle British MPs 1707–1708 British MPs 1708–1710 British MPs 1710–1713 Members of the Parliament of England for Bere Alston