Henry Rolle - Judicial Career

Judicial Career

His advancement to a judgeship in the king's bench was one of the stipulations included in the propositions for peace of January 1642-3; on 28 October 1645 he was sworn in as such, and on 15 November 1648, pursuant to votes of both houses of parliament, he was advanced to the chief-justiceship of the court. After the execution of the king he accepted, 8 February 1648-9, a new commission as lord chief justice of the upper bench on the understanding that no change should be made in the fundamental laws, and on the 13th of the same month he was voted a member of the council of state. His accession strengthened the government, and his charges on the western circuit contributed much to the settlement of the public mind. On 4 August 1654 he was appointed commissioner of the exchequer. Rolle yielded the palm to none of his contemporaries either as advocate or judge, with the single exception of the great Sir Matthew Hale. His decisions, reported by Style, rarely relate to matters of historic interest. Nevertheless he established in the case of Captain Streater, committed to prison by order of the council of state and the speaker of the House of Commons for the publication of seditious writings, the principle that a court of justice cannot review parliamentary commitments if regular in form ; and his name is associated with one of the causes celebres of international law. Don Pantaleon Sa, brother of the Portuguese ambassador, was arrested for murder committed in an affray in the New Exchange in the Strand. The fact was undeniable, but the Don claimed the privilege of exterritoriality, as being of the household of the ambassador. The point was discussed by Rolle in consultation with two of his puisnes, two admiralty judges, and two civilians, and on 16 January 1653-4 was decided against the Don. The decision was without precedent, for it could neither be denied that the Don was of the household of the ambassador, nor that the privilege of exterritoriality had theretofore been understood to extend even to cases of murder. At the trial, over which Rolle presided on 6 July following, the prisoner was conceded a jury, half English half Portuguese, but was denied the assistance of counsel, and compelled to waive his privilege and plead to the indictment by a threat of peine forte et dure. He was found guilty, sentenced to death, and executed at Tyburn on 10 July.

On the outbreak of the Penruddock uprising, 12 March 1654-5, Rolle was at Salisbury on assize business, when he was surprised by the cavaliers under Sir Joseph Wagstaffe, who coolly proposed to hang him. At Penruddock's intercession, however, he was released; he served as one of the commissioners for the trial of the insurgents at Exeter in the following May. Shortly afterwards, being unable to decide against the merchant George Cony, who had sued a customs officer for levying duty from him by force without authority of parliament, he resigned (7 June 1655) rather than give further offence to the Protector, and was succeeded by Sir John Glynne. He died on 30 July 1656, and was buried in the church of Shapwick, near Glastonbury, in which parish he had a house.