Sir Nicolas Conyngham Tindal,
PC (12 December 1776 – 6 July 1846) was a celebrated English lawyer who successfully defended the then Queen of the United Kingdom,
Caroline of Brunswick
Caroline of Brunswick-Wolfenbüttel (Caroline Amelia Elizabeth; 17 May 1768 – 7 August 1821) was List of British royal consorts, Queen of the United Kingdom of Great Britain and Ireland and Queen of Hanover from 29 January 1820 until her ...
, at her trial for adultery in 1820. As
Chief Justice of Common Pleas, an office he held with distinction from 1829 to 1846, he was responsible for the inception of the
special verdict "
Not Guilty by reason of insanity" at the trial of
Daniel M'Naghten.
Judge Tindal was born in the
Moulsham area of
Chelmsford
Chelmsford () is a city in the City of Chelmsford district in the county of Essex, England. It is the county town of Essex and one of three cities in the county, along with Colchester and Southend-on-Sea. It is located north-east of London ...
, where 199 Moulsham Street is today, and the site is marked with a commemorative plaque.
Background
Tindal's father, Robert Tindal, was an attorney in Chelmsford, where his family had lived at Coval Hall for three generations. His great-grandfather,
Nicolas Tindal, was the translator and continuer of the ''History of England'' by
Paul de Rapin – a seminal work in its day – and he was also the great-great-grandnephew of
Matthew Tindal, the deist and author of ''Christianity as Old as the Creation'' (known as the 'deist's bible') and descendant of
Thomas Clifford, 1st Baron Clifford of Chudleigh.
Nicholas's branch of the Tindal family were descended from John Tindal, Rector of
Bere Ferris in Devon during the
Commonwealth of England
The Commonwealth of England was the political structure during the period from 1649 to 1660 when Kingdom of England, England and Wales, later along with Kingdom of Ireland, Ireland and Kingdom of Scotland, Scotland, were governed as a republi ...
and who has been claimed as the son either of Dean Tyndall or of (his father) John Tyndall, both of Maplestead, Essex. John Nichols, in the 18th century, set out a genealogy maintaining that the family derived from Baron Adam de Tyndale of
Langley Castle
Langley Castle is a restored Middle Ages, medieval tower house, in the village of Langley, Northumberland, Langley in the valley of the River Tyne, River South Tyne. The castle is south of Haydon Bridge, Northumberland, in Northumberland, Engla ...
, Northumberland, a
tenant-in-chief
In medieval and early modern Europe, a tenant-in-chief (or vassal-in-chief) was a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as opposed to holding them ...
of
Henry II
Henry II may refer to:
Kings
* Saint Henry II, Holy Roman Emperor (972–1024), crowned King of Germany in 1002, of Italy in 1004 and Emperor in 1014
*Henry II of England (1133–89), reigned from 1154
*Henry II of Jerusalem and Cyprus (1271–1 ...
, though this has been challenged Through this line, Tindal would have been collaterally descended from
William Tyndale
William Tyndale (; sometimes spelled ''Tynsdale'', ''Tindall'', ''Tindill'', ''Tyndall''; – October 1536) was an English Biblical scholar and linguist who became a leading figure in the Protestantism, Protestant Reformation in the year ...
, translator of the Bible into English.
Tindal was descended from a number of great legal figures, all of whom were members of
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 ...
.
John Fortescue, was a great medieval jurist and
Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
of
Henry VI of England
Henry VI (6 December 1421 – 21 May 1471) was King of England from 1422 to 1461 and 1470 to 1471, and English claims to the French throne, disputed King of France from 1422 to 1453. The only child of Henry V of England, Henry V, he succeeded ...
; William Yelverton was an earlier
Lord Chief Justice of England;
Roger Manwood was an Elizabethan
Lord Chief Baron of the Exchequer; and his nephew,
John Manwood, Nicholas's great-great-great-grandfather, was the author of "the Forest Laws" (see also
Tyndall).
Career
Tindal was educated at
King Edward VI Grammar School in his home town of
Chelmsford
Chelmsford () is a city in the City of Chelmsford district in the county of Essex, England. It is the county town of Essex and one of three cities in the county, along with Colchester and Southend-on-Sea. It is located north-east of London ...
, and later 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 ...
, where he graduated eighth
Wrangler in 1799 and was elected fellow in 1801.
A statue to him stands in his home town, and a
house
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air c ...
at
his old school is now dedicated to his memory.
Called to the Bar in Lincoln's Inn in 1810 (having practised as a
Special Pleader for many years, as was then customary), Tindal soon attained a reputation for his learning. In 1818, as counsel in the appeal of
Ashford v Thornton, he successfully arguing that Thornton was entitled to
trial by battle. It does not appear that his success in the law was followed by success in the battlefield for his client, however, who was deprived of the opportunity by his accuser's unwillingness and a change in the law.
Elected
Tory
A Tory () is an individual who supports a political philosophy known as Toryism, based on a British version of traditionalist conservatism which upholds the established social order as it has evolved through the history of Great Britain. The To ...
Member of Parliament (MP) for the Scottish constituency of
Wigtown Burghs from 1824 to 1826; he was MP for
Harwich in 1826 before serving as the Member for
Cambridge University
The University of Cambridge is a Public university, public collegiate university, collegiate research university in Cambridge, England. Founded in 1209, the University of Cambridge is the List of oldest universities in continuous operation, wo ...
in 1827. Tindal 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 ...
from 1826 to 1829, when he was appointed to the bench.
An example of Tindal's learning can be found in his speech to the House of Commons in 1826 on a motion to allow counsel to the defence to make a closing speech. Although his conclusion would find little favour today, Tindal demonstrated an appreciation of the role of prosecuting counsel as a minister of justice and the influences of counsel on a jury that would be recognised by any criminal practitioner in the 21st century. Almost as an afterthought, Tindal added a passionate defence of the 'anomalies' of English law that, in his opinion and that of so many others before and since, are its greatest attributes.
At the Bench, Tindal's greatest achievement was to reform significantly the application of the criminal law. By introducing to the common law the special verdict of
"Not Guilty by reason of insanity" and of the defence (to murder) of provocation, he left a legacy that remains to this day.
Daniel M'Naghten had assassinated
Edward Drummond, secretary to
Robert Peel (then Prime Minister), but there was no doubt that he was seriously mentally ill and he was acquitted in a verdict so sensational that Queen Victoria herself called for him to be retried in the House of Lords. Whilst this undoubtedly offended the principle of
double jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases ...
, the House called upon a panel of judges, headed by Tindal, to advise them on the course to take where defendants committed crimes whilst insane. This advice, leading to the special verdict, remains the foundation of the law of insanity throughout the
English common law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality bef ...
world.
He directed the jury in the case of the
Bristol riots on the rejection of the reform bill in 1831 with the duties at common law to suppress tumultuary meetings. In the case of
Regina v Hale, Tindal ruled that, where a defendant was provoked to such a degree that any reasonable man would lose his self-control and then killed the person responsible for that provocation, the defendant would be guilty only of manslaughter. This judgment has also stood the test of time and is the basis of the
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
defence of provocation and was incorporated into section 3 of the
Homicide Act 1957.
The significance of these judgments was to remove the spectre of the noose from many vulnerable prisoners in an era of the widespread application of the death penalty; and to reform the law through the greater recognition of the importance of differing states of mind (
mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
) in those accused of the most serious crimes. In the context of the century that produced
William Wilberforce
William Wilberforce (24 August 1759 – 29 July 1833) was a British politician, philanthropist, and a leader of the movement to abolish the Atlantic slave trade. A native of Kingston upon Hull, Yorkshire, he began his political career in 1780 ...
, the Earl of Shaftesbury and
Benjamin Disraeli
Benjamin Disraeli, 1st Earl of Beaconsfield (21 December 1804 – 19 April 1881) was a British statesman, Conservative Party (UK), Conservative politician and writer who twice served as Prime Minister of the United Kingdom. He played a ...
, Tindal's reforms to the cruel application of the criminal law deserve to be remembered as social reforms of great importance.
Towards the end of his career, Tindal yet again demonstrated the quality that was to lead to his great popularity amongst the public; namely, his high standard of judicial independence from the state and the wide ambit and discretion he would give to juries. In the case of ''Frost'' (1839–40), a prisoner had escaped and led 5,000 armed men into
Newport, where they shot at regular troops. Directing the jury to consider charges of
treason
Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
, Tindal said that, were Frost's motives only to free local
Chartists
Chartism was a working-class movement for political reform in the United Kingdom of Great Britain and Ireland, United Kingdom that erupted from 1838 to 1857 and was strongest in 1839, 1842 and 1848. It took its name from the People's Charter of ...
from jail, as opposed to intimidating Parliament into enacting radical constitutional reform, they should find him guilty of riot only. Whilst Frost was ultimately convicted, Tindal's direction differed from the legal practice of many of his brother judges at the time and since.
Marriage and family

Tindal married Merelina, daughter of Capt. Thomas Symonds, in 1809 and had four children, Vice Admiral Louis Symonds Tindal (father of composer
Adela Maddison), Rev Nicholas Tindal (Rector of Chelmsford) (whose daughter Adela-Rose-Ellen married Surgeon General Sir
James Mouat VC CB), Charles Tindal and Merelina Tindal (who married
James Whatman Bosanquet of Claysmore and amongst whose descendants was the broadcaster
Reginald Bosanquet).
He died 6 July 1846 in
Folkestone
Folkestone ( ) is a coastal town on the English Channel, in Kent, south-east England. The town lies on the southern edge of the North Downs at a valley between two cliffs. It was an important harbour, shipping port, and fashionable coastal res ...
;
is buried at
Kensal Green Cemetery
Kensal Green Cemetery is a cemetery in the Kensal Green area of North Kensington in the Royal Borough of Kensington and Chelsea and the London Borough of Hammersmith and Fulham in London, England. Inspired by Père Lachaise Cemetery in P ...
in north London,
and is commemorated by a plaque inside
Chelmsford Cathedral
Chelmsford Cathedral, formally titled the Cathedral Church of St Mary the Virgin, St Peter and St Cedd, is an Church of England, Anglican cathedral in the city of Chelmsford, Essex, England, dedicated to Mary (mother of Jesus), St Mary the Virgi ...
(alongside memorials to other members of his family). In addition to his statue at Chelmsford, there is a portrait of him by
Thomas Phillips
Thomas Phillips (18 October 1770 – 20 April 1845) was a leading English portrait and subject painter. He painted many of the notable men of the day including scientists, artists, writers, poets and explorers.
Life and work
Phillips was bor ...
, RA (1770–1845) in the Hall at Lincoln's Inn and another in the judges quarters of the
Royal Courts of Justice
The Royal Courts of Justice, commonly called the Law Courts, is a court building in Westminster which houses the High Court and Court of Appeal of England and Wales. The High Court also sits on circuit and in other major cities. Designed by Ge ...
.
Notes
Chelmsford Museum holds a portrait by
John Lucas (1807–1874), and portraits of his parents Robert Tindal, by John Jackson (1778–1831) and Sally Tindal, née Pocock (by an unknown artist).
References
*
*
*
Burke's Landed Gentry
''Burke's Landed Gentry'' (originally titled ''Burke's Commoners'') is a reference work listing families in Great Britain and Ireland who have owned rural estates of some size. The work has been in existence from the first half of the 19th cen ...
, Vol.III, 1973 'Tindal-Carill-Worsley formerly of Platt'
*
Burke's Landed Gentry
''Burke's Landed Gentry'' (originally titled ''Burke's Commoners'') is a reference work listing families in Great Britain and Ireland who have owned rural estates of some size. The work has been in existence from the first half of the 19th cen ...
(19th century editions) 'Tindal of Chelmsford'
*
Burke's Peerage
Burke's Peerage Limited is a British genealogical publisher, considered an authority on the order of precedence of noble families and information on the lesser nobility of the United Kingdom. It was founded in 1826, when the Anglo-Irish genea ...
'Clifford of Chudleigh'
* Anecdotes of
John Nichol, Vol.IX (genealogical reference)
* ''
The Gentleman's Magazine
''The Gentleman's Magazine'' was a monthly magazine founded in London, England, by Edward Cave in January 1731. It ran uninterrupted for almost 200 years, until 1907, ceasing publication altogether in 1922. It was the first to use the term ''m ...
'', Vol.XXVI (1846) p. 199
*Coller, DW (1861
'A People's History of Essex'
External links
*
{{DEFAULTSORT:Tindal, Nicholas Conyngham
1776 births
1846 deaths
19th-century English judges
Burials at Kensal Green Cemetery
Chief justices of the common pleas
Members of the Parliament of the United Kingdom for Scottish constituencies
Members of the Parliament of the United Kingdom for English constituencies
Members of the Parliament of the United Kingdom for the University of Cambridge
UK MPs 1820–1826
UK MPs 1826–1830
People from Chelmsford
Alumni of Trinity College, Cambridge
Fellows of Trinity College, Cambridge
Tory MPs (pre-1834)
People educated at King Edward VI Grammar School, Chelmsford
Members of the Privy Council of the United Kingdom
Knights Bachelor