Thomas Jenner (judge)
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Sir Thomas Jenner (1637–1707) was an English
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
,
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 ...
and
Justice of the Common Pleas Justice of the Common Pleas was a puisne judicial position within the Court of Common Pleas (England), Court of Common Pleas of England and Wales, under the Chief Justice of the Common Pleas, Chief Justice. The Common Pleas was the primary court o ...
, closely associated with the Stuart kings Charles II and
James II of England James II and VII (14 October 1633 – 16 September 1701) was King of England and Monarchy of Ireland, Ireland as James II and King of Scotland as James VII from the death of his elder brother, Charles II of England, Charles II, on 6 February 1 ...
.


Life

He was born at Mayfield, Sussex, eldest son of Thomas Jenner of that place, and Dorothy, his wife, daughter of Jeffrey Glyde of Dallington. He was educated at Tunbridge grammar school, under Nicholas Grey. In 1665 he became a pensioner of
Queens' College, Cambridge Queens' College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Queens' is one of the 16 "old colleges" of the university, and was founded in 1448 by Margaret of Anjou. Its buildings span the R ...
, but left without taking a degree. He entered the
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 association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...
in 1658, and was called to the bar in 1663, after which he practised chiefly in the court of exchequer. In 1683 Charles II, having withdrawn the charter of the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 ...
, appointed a Lord Mayor, two sheriffs, and a
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 newsp ...
, who was Jenner. A few days earlier Jenner was knighted, and received an augmentation of arms. In the following January he was made king's sergeant. As king's sergeant and as recorder he took part in the state trials of the next two years, including those of
Algernon Sidney Algernon Sidney or Sydney (15 January 1623 – 7 December 1683) was an English politician, republican political theorist and colonel. A member of the middle part of the Long Parliament and commissioner of the trial of King Charles I of Englan ...
and
Henry Cornish Henry Cornish (died 1685) was a London alderman, executed in the reign of James II of England. Life He was a well-to-do merchant of London, and alderman of the ward of St Michael Bassishaw; in the ''London Directory'' for 1677 he is described a ...
. In the parliament of 1685 he represented the borough of Rye, until in 1686 be was raised to the bench as 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 ...
. With the majority of the judges, Jenner gave judgment in favour of the king's claim to the dispensing power which was raised in the case of Sir Edward Hales. In October 1687 Jenner was appointed one of the three royal commissioners to inquire into the appointment of a president of
Magdalen College, Oxford Magdalen College ( ) is a Colleges of the University of Oxford, constituent college of the University of Oxford. It was founded in 1458 by Bishop of Winchester William of Waynflete. It is one of the wealthiest Oxford colleges, as of 2022, and ...
; the other commissioners were Robert Wright and Thomas Cartwright. Jenner's diary of the proceedings survived in the library of Magdalen College. Cartwright sought to have him dismissed from the commission, finding him too moderate if outwardly overbearing to the fellows, and in the end Jenner voted against the expulsions. In July 1688 he was promoted to the common pleas. But the
Glorious Revolution The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...
soon involved him. On the night of James II's flight Jenner was one of those who endeavoured to escape to France with the king. The king's general pardon to him and money were stolen at this point from his chambers in Serjeants' Inn; and he was captured at
Faversham Faversham () is a market town in Kent, England, from Sittingbourne, from London and from Canterbury, next to the Swale, a strip of sea separating mainland Kent from the Isle of Sheppey in the Thames Estuary. It is close to the A2 road (Great ...
and brought to
Canterbury Canterbury (, ) is a City status in the United Kingdom, city and UNESCO World Heritage Site, in the county of Kent, England; it was a county borough until 1974. It lies on the River Stour, Kent, River Stour. The city has a mild oceanic climat ...
. Early in January 1689 he and others prisoners were committed to 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 ...
, charged with subverting the Protestant religion and the laws and liberties of the kingdom. They were admitted to bail, but the Convention parliament voted that Jenner was principally concerned in the arbitrary proceedings under James, and he was committed to the custody of the
sergeant-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-a ...
. He was released when parliament was prorogued in January 1690. In 1691, when the Act of Indemnity was passed, Jenner was excepted from its provisions, but no proceedings were then taken against him. In November 1691 one of his sons was given into the custody of a messenger of parliament for circulating libels against the right of William and Mary to the crown. Jenner was then charged with having levied fines in James's reign to the amount of £3,000 on dissenters without returning the money into court. Jenner pleaded the general pardon from the king, which had been stolen; special mention was said to be made there of those fines, which had supposedly gone direct to the king. The plea was allowed, and the prosecution failed. Expelled from the bench by William III's government, Jenner resumed his practice at the bar. He died at his house at Petersham on 1 January 1707, and was buried in St Peters Church, Petersham, with a tablet to his memory, with his arms, and an inscription composed by his daughter Margaret, Lady Darnell.


Family

On 1 January 1661 he married, at the church of St. Mary Woolchurch Haw, 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 ...
, Anne, daughter and heiress of James Poe of Swinden Hall,
Kirkby Overblow Kirkby Overblow is a village and civil parish in North Yorkshire, England. It is situated between Wetherby and Harrogate and lies to the west of Sicklinghall and the east of Leeds Bradford International Airport. Its parish church is All Sai ...
, Yorkshire, by whom he had eight sons and two daughters.


Notes


References

* {{DEFAULTSORT:Jenner, Thomas 1637 births 1707 deaths Burials at St Peter's, Petersham English barristers 17th-century English judges Justices of the common pleas Barons of the Exchequer Alumni of Queens' College, Cambridge Jenner family (Wales) People from Mayfield, East Sussex