Sir Cresswell Cresswell,PC (20 August 1794 – 29 July 1863), bornCresswell Easterby, was an English lawyer, judge andTory politician. As a judge in the newly created divorce court, Cresswell did much to start the emergence of modernfamily law by setting divorce on a secular footing, removed from the traditional domain ofcanon law.
Born atBigg Market,Newcastle, Cresswell's father was Francis Easterby (died 1834), amerchant and sailor. His mother was Frances Dorotheanée Cresswell (1768–1832), daughter of a distinguished northern family that could trace its ancestry back to the twelfth century and service in theCrusades.[1] The family owned land inNorthumberland and were scions of theCresswells ofBibury,Sidbury and Sherston Pinkney, ancestors ofEdward I.[citation needed] Francis adopted the name Cresswell in 1807 when his wife inherited much of the ancestral wealth.[1]
His brotherAddison was the Tory MP forNorth Northumberland between 1841 and 1857.
Cresswell was educated atCharterhouse School,[2] where he was a contemporary ofConnop Thirlwall,George Grote andHenry Havelock. He attendedTrinity College and thenEmmanuel College,Cambridge,[2] whereWilliam Henry Maule was his tutor. Graduating BA in 1814, he received the lowest place in the honours list of the entire university.[3] Nonetheless, he was awarded anMA in 1818 and wascalled to the bar by theInner Temple in 1819.[1][2]
Cresswell began his practice on the northern circuit and fell under the guidance and mentorship ofHenry Brougham. Cresswell found his familiarity with his father's nautical career an advantage in the maritime city ofLiverpool and he soon established a reputation incommercial andshipping cases. From 1822 to 1830 he was co-author, withRichard Barnewall, of a well-received series oflaw reports.[1]
From the 1820s, Brougham's andJames Scarlett's energies were directed elsewhere and Cresswell became a leader of the northern circuit, being maderecorder ofHull in 1830. In 1834 he was madeKC and the same year becameAttorney General for theCounty Palatine ofDurham.[1]
Cresswell had gained a reputation as a "violent Tory" but was elected asConservative Party Member of Parliament forLiverpool in the1837 United Kingdom general election[2] and again in1841 when he defeatedWilliam Ewart. Cresswell wasknighted in 1842. A dedicated party-man who loyally followed SirRobert Peel, Cresswell made little contribution to parliamentary debate.[1] He resigned his parliamentary seat in 1842 when he was made a judge of theCourt of Common Pleas by Peel, being knighted at the same time.[2] Cresswell's contributions to thecommon law were modest. He was a cautious judge, somewhat in awe ofchief justiceTindal, and was all too willing to concur rather than to take the lead.[1]
In 1856 Cresswell sat in theSwynfen will case, the case of a contested will that generated extensivesatellite litigation including a claim that theplaintiff's counsel, SirFrederic Thesiger, had been guilty ofmalpractice in agreeing a settlement without authority. It was further alleged that Cresswell had induced the agreement by suggesting to Thesiger at an early stage that he had formed an unfavourable view of his client's case. At Thesiger's trial, counselCharles Rann Kennedy described Cresswell's behaviour as being of a "highly criminal nature" amounting to a "fraud" and a "misdemeanour". Cresswell admitted having shared his impressions with Thesiger saying, "If any gentleman had asked me a question about [the trial] I should have answered him", sharing his adverse opinion. While this case raised some negative publicity, no legal action was taken against Cresswell.[4]
In 1858 he was named the first divorce judge-in-ordinary of the newProbate, Divorce and Matrimonial Causes Court[2] which replaced the jurisdiction of theecclesiastical courts and created the remedy of civil divorce. He was reputedly offered a peerage at the time but declined. He did, however, become aprivy councillor. Appointed with bipartisan support, such was the sensitivity of the office, there was some disquiet that a notoriously bad-tempered, confirmed bachelor had been appointed in such a role but Cresswell succeeded superbly in establishing tone, procedure and practice.[1]
The new law increased petitions for divorce one hundredfold and there were fears of chaos but Cresswell took a managerial role in regulating the new flood of litigation. He showed great sensitivity in dealing with genuine grievances but upheld the sanctity of marriage and was capable of being severe when necessary. However, he was also instrumental in moving the legal view of marriage from that based on asacrament to that based on contract. He worked with colossal speed and energy, deciding over one thousand cases in six years, only one of which was reversed onappeal. He achieved some public fame and huge respect popularly being held as representing the five million married women of Britain.[1] His activities in this field are referred to inAnthony Trollope'sFramley Parsonage; "most marriages are fairly happy, in spite of Sir Cresswell Cresswell".
Cresswell died in office, from complications after a fall from his horse inConstitution Hill, London,[2] and was buried inKensal Green Cemetery. He was unmarried and had no children so he left his considerable fortune of £35,000 (£2.8 million at 2003 prices[5]) to charity.[1]
This article incorporates text from a publication now in thepublic domain: Wood, James, ed. (1907). "Creswell, Sir Creswell".The Nuttall Encyclopædia. London and New York: Frederick Warne.| Parliament of the United Kingdom | ||
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| Preceded by | Member of Parliament forLiverpool 1837 –1842 With:Viscount Sandon | Succeeded by |
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