Sir Thomas Pengelly (16 May 1675''London, England, Church of England Baptisms, Marriages and Burials, 1538-1812'' – 14 April 1730) was a

British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories and Crown Dependencies. * British national identity, the characteristics of British people and culture ...

lawyer, judge, novelist and later the Member of Parliament for

Cockermouth Cockermouth is a market town and civil parish in the Cumberland unitary authority area of Cumbria, England. The name refers to the town's position by the confluence of the River Cocker into the River Derwent. At the 2021 census, the built u ...

, serving from 1722 to 1727, and

Lord Justice of Appeal A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Just ...

in 1726.

Early years

Born and baptised on 16 May 1675, Thomas Pengelly was the son of Thomas Pengelly, a prosperous London-based merchant, and his wife, Rachel Baines. By 1683, the family's home in

Hereford Hereford ( ) is a cathedral city and the county town of the ceremonial county of Herefordshire, England. It is on the banks of the River Wye and lies east of the border with Wales, north-west of Gloucester and south-west of Worcester. With ...

had provided

lodging Lodging refers to the use of a short-term dwelling, usually by renting the living space or sometimes through some other arrangement. People who travel and stay away from home for more than a day need lodging for sleep, rest, food, safety, shel ...

s for the former Protector

Richard Cromwell Richard Cromwell (4 October 162612 July 1712) was an English statesman who served as Lord Protector of the Commonwealth of England, Scotland and Ireland from 1658 to 1659. He was the son of Lord Protector Oliver Cromwell. Following his father ...

after the

Restoration of the Monarchy Restoration is the act of restoring something to its original state. This may refer to: *Conservation and restoration of cultural property **Audio restoration **Conservation and restoration of immovable cultural property **Film restoration ** Image ...

. On the death of Thomas Pengelly Snr. in 1696, Cromwell continued to lodge with Mrs Pengelly, moving with her to her property in Cheshunt in Hertfordshire in 1700, and remaining there until his own death in 1712. This arrangement created a rumour that the younger Thomas Pengelly was his son.

Legal and political career

Pengelly, was

apprentice Apprenticeship is a system for training a potential new practitioners of a Tradesman, trade or profession with on-the-job training and often some accompanying study. Apprenticeships may also enable practitioners to gain a license to practice in ...

d as a clerk in an

Attorney at Law Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, the Philippines, and the Unit ...

’s office in London in 1691 aged 16, and was admitted to 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 1692. 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 ...

on 24 November 1700, and in 1710 he was created a Serjeant-at-law. By 1720 he was regarded as one of the leading

Advocates An advocate is a professional in the field of law. Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. Howeve ...

practising in

Westminster Hall Westminster Hall is a medieval great hall which is part of the Palace of Westminster in London, England. It was erected in 1097 for William II (William Rufus), at which point it was the largest hall in Europe. The building has had various functio ...

where he was widely known as an authority in

Corporate law Corporate law (also known as company law or enterprise law) is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corpora ...

. By 1717 Pengelly had become the foremost legal adviser to the

Duke of Somerset Duke of Somerset, from the county of Somerset, is a title that has been created five times in the peerage of England. It is particularly associated with two families: the Beauforts, who held the title from the creation of 1448, and the Seymours ...

, and during the 1720s he was also legal adviser to the Duchess of Marlborough when she became involved in court cases concerning the Blenheim estate, which she had inherited from her father, the first

Duke of Marlborough General John Churchill, 1st Duke of Marlborough, 1st Prince of Mindelheim, 1st Count of Nellenburg, Prince of the Holy Roman Empire, (26 May 1650 – 16 June 1722 O.S.) was a British army officer and statesman. From a gentry family, he ...

. On 1 May 1719 Pengelly was

knight A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...

ed and appointed Prime Serjeant to King George I. As Prime Serjeant he was involved in the trial of the Jacobite plotter

Christopher Layer Christopher Layer (12 November 1683 – 17 May 1723) was an English lawyer. As a Jacobite conspirator, he was executed for high treason in 1723 for his part in what became known as the Atterbury Plot. Early life Born on 12 November 1683, he ...

for

high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its d ...

in early 1722. Pengelly was re-elected as the Member of Parliament for

in 1722. During his five years in Parliament he was involved in various legal matters, including pursuing the directors of the

South Sea Company The South Sea Company (officially: The Governor and Company of the merchants of Great Britain, trading to the South Seas and other parts of America and for the encouragement of the Fishery) was a British joint-stock company founded in Ja ...

. In 1725 he was involved in the impeachment of the

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 ...

, Lord Macclesfield, who had sold positions to several Masters of Chancery and who, in an attempt to regain the high cost of the bribes required to buy their offices, had subsequently invested and lost their clients' money in the

South Sea Bubble South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both west and east. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþa ...

crash. In 1726 he was also involved in the expulsion from 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 ...

of John Ward, whom he had prosecuted for defrauding the

Duke of Buckingham Duke of Buckingham, referring to the market town of Buckingham, England, is an extinct title that has been created several times in the peerages of England, Great Britain, and the United Kingdom. There were creations of double dukedoms of Bucki ...

. On 16 October 1726 he was appointed as

Lord 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 ...

and thereby obliged to give up his parliamentary seat. He died unmarried and childless at

Blandford Blandford Forum ( ) is a market town in Dorset, England, on the River Stour, Dorset, River Stour, north-west of Poole. It had a population of 10,355 at the United Kingdom 2021 census, 2021 census. The town is notable for its Georgian archit ...

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on 14 April 1730, and was buried in the

Temple Church The Temple Church, a royal peculiar in the Church of England, is a church in the Inner Temple, Inner and Middle Temple, Middle Temple, London, Temples located between Fleet Street and the River Thames, built by the Knights Templar for their En ...

on 29 April. In his will he left £2890 for the discharge of poor prisoners on the

Western Circuit Circuit courts are court systems in several common law jurisdictions. It may refer to: * Courts that literally sit 'on circuit', i.e., judges move around a region or country to different towns or cities where they will hear cases; * Courts that s ...

and in London.

References

, - {{DEFAULTSORT:Pengelly, Thomas 1675 births 1730 deaths 18th-century English judges Chief Barons of the Exchequer Members of the Parliament of Great Britain for English constituencies British MPs 1715–1722 British MPs 1722–1727 Knights Bachelor Serjeants-at-law (England)