Thomas Walmsley (judge)
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Sir Thomas Walmsley (also Walmesley and Walmisley) (1537–1612) was an English judge and politician.


Life

He was the eldest son of Thomas Walmsley of Showley in the township of Clayton-le-dale and of Cunliffe in the township of
Rishton Rishton is a town in the Hyndburn district of Lancashire, England, about west of Clayton-le-Moors and north east of Blackburn. It was an urban district from about 1894 to 1974. The population at the census of 2011 was 6,625. History I ...
, Lancashire, by his wife Margaret (born Livesey). He was admitted on 9 May 1559 student at Lincoln's Inn, where he was called to the bar on 15 June 1567, and elected bencher in 1574, autumn reader in 1576, Lent reader in 1577, and autumn reader again in 1580, in anticipation of his call to the degree of the coif, which, despite suspicions that he was a Catholic, took place about Michaelmas. In 1583 Walmsley made before the Court of Common Pleas an attempt to sustain the validity of papal dispensations and other faculties issued during the reign of Mary I. He represented Lancashire in the parliament of 1588–9, and served on several committees. On 10 May 1589 he was created justice of the common pleas. Walmsley early showed his independence by allowing bail in a murder case, contrary to the express injunctions of the Queen conveyed through the lord chancellor; his temerity provoked a reprimand. Southampton voted him its freedom on 6 February 1595. In 1597 he was assistant to the House of Lords in committee; he was placed on the ecclesiastical commission for Chester on 31 January 1598. He was also a member of the special commission before which
Robert Devereux, 2nd Earl of Essex Robert Devereux, 2nd Earl of Essex, Knight of the Garter, KG, Privy Counsellor, PC (; 10 November 1565 – 25 February 1601) was an English nobleman and a favourite of Queen Elizabeth I. Politically ambitious, and a committed general, he was ...
was arraigned at York House on 5 June 1600, and assisted the peers on his trial in
Westminster Hall The Palace of Westminster serves as the meeting place for both the House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parliament, the Palace lies on the north ban ...
, 19–25 February 1601. Continued in office on the accession of James I, Walmsley was knighted at Whitehall Palace on 23 July 1603. He was a member of the special commission that tried on 15 November following the Bye Plot conspirators. In '' Calvin's case'' Walmsley again showed independence: the matter was discussed by a committee of the House of Lords, with the help of the common-law bench,
Francis Bacon Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626), also known as Lord Verulam, was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England. Bacon led the advancement of both ...
, and other eminent counsel, in the painted chamber on 23 February 1607, and on the following day was decided in the affirmative by ten out of the twelve judges. Of the other two, one (
Sir David Williams ''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 "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only ...
) was absent; Walmsley alone dissented. He adhered to his opinion on the subsequent argument in the exchequer chamber (Hilary term, 1608), and induced Sir Thomas Foster to concur in it. During his judicial career Walmsley rode every circuit in England, except that of Norfolk and Suffolk. He amassed a large fortune, which he invested in broad acres in his native county. His principal seat was at Dunkenhalgh, near
Blackburn Blackburn () is an industrial town and the administrative centre of the Blackburn with Darwen borough in Lancashire, England. The town is north of the West Pennine Moors on the southern edge of the Ribble Valley, east of Preston and nort ...
, to which he retired on a pension towards the end of 1611. He died on 26 November 1612.


Legacy

Walmsley's remains were interred in the chantry of our Lady, appendant to Dunkenhalgh manor, in the south aisle of Blackburn parish church. His monument, which was copied from that of
Anne Seymour, Duchess of Somerset Anne Seymour, Duchess of Somerset (née Stanhope; before 1512 – 16 April 1587) was the second wife of Edward Seymour, 1st Duke of Somerset (c. 1500–1552), who held the office of lord protector during the first part of the reign of their ...
in St. Nicholas's Chapel, Westminster Abbey, was demolished by the insurgents at the outbreak of the
First English Civil War The First English Civil War took place in England and Wales from 1642 to 1646, and forms part of the 1639 to 1653 Wars of the Three Kingdoms. They include the Bishops' Wars, the Irish Confederate Wars, the Second English Civil War, the A ...
. Another monument was erected in 1862. A full-length portrait of the judge and his lady was preserved in Dunkenhalgh House.


Family

In right of his wife Anne (died 19 April 1635), daughter and heiress of Robert Shuttleworth of Hacking, Lancashire, Walmsley held the Hacking estates, which, with his own, passed to his only son, Thomas, who thus became one of the magnates of Lancashire. He was brought up in the Roman Catholic church. He subscribed at Oxford, 1 July 1613, but did not graduate. He was entered student at
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wa ...
on 11 November 1614, and was knighted on 11 August 1617. He died at Dunkenhalgh on 12 March 1642, having married twice and leaving issue by both wives. His posterity died out in the male line in 1711; but through the marriage of the last male descendant's youngest sister,
Catherine Walmesley Catherine Stourton, Baroness Stourton (previously Catherine Petre, Baroness Petre, née Walmesley; 6 January 1697 – 31 January 1785), was a rich Lancastrian heiress. Baroness Petre Born into a long-established Lancashire family of Catholic l ...
, with Robert Petre, 7th Baron Petre, her first husband, the female line represented the peerage; by her second husband, Charles Stourton, 15th Baron Stourton, she had no issue.


References

* ;Attribution {{DEFAULTSORT:Walmsley, Thomas 1537 births 1612 deaths English MPs 1589 Members of the Parliament of England (pre-1707) for Lancashire 17th-century English judges 16th-century English judges People associated with the Gunpowder Plot Serjeants-at-law (England)