Fust, Herbert Jenner- (DNB00)

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FUST, Sir HERBERT JENNER- (1778–1852), dean of the arches, second son of Robert Jenner of Doctors' Commons, proctor, and of Chislehurst, Kent, by his second wife, Ann, eldest daughter of Peter Birt of Wenvoe Castle, Glamorganshire, was born in the parish of St. Gregory, near St. Paul's, in the city of London, on 4 Feb. 1778. He was educated under Dr. Valpy at Reading and at Trinity Hall, Cambridge, where he graduated LL.B. in 1798, and LL.D. in 1803. Having chosen the law for his profession, he was called to the bar at Gray's Inn 27 Nov. 1800, admitted an advocate in the ecclesiastical and admiralty courts, and a fellow of the College of Doctors of Law 8 July 1803. On 28 Feb. 1828 he was appointed king's advocate-general, and knighted on the same day at St. James's Palace by George IV. He became vicar-general to the Archbishop of Canterbury in 1832, but resigned that place and the office of advocate-general 21 Oct. 1834, on his appointment as official principal of the arches and judge of prerogative court of Canterbury. On the 29th of the same month his name was added to the list of privy councillors. He assumed the additional surname of Fust 14 Jan. 1842 on succeeding to Hill Court, Gloucestershire, and Capenor Court, Somersetshire, which had belonged to his deceased cousin, Sir John Fust. The fellows of Trinity Hall elected him master in February 1843; but he never resided there, although he held this appointment, in conjunction with the deanery of the arches, to his decease. His name came very prominently before the public in the case of Gorham v. the Bishop of Exeter. In this case, which lasted three years, 1847–50, the bishop, charging Gorham with heresy, refused to institute him to the vicarage of Brampford Speke, Devonshire. In the end Gorham was instituted on 7 Aug. 1850, under an order made by the dean of the arches. Fust's decree of 2 Aug. 1849 in this matter was the subject of much discussion, and led to the publication of upwards of eighty pamphlets. In his latter days he became so infirm that he had to be carried in and out of his court by two footmen. He was a great authority on international law, on which subject he was frequently consulted by the chief politicians of his time.

Jenner-Fust died at 1 Chesterfield Street, Mayfair, London, 20 Feb. 1852, and was buried in the family vault at St. Nicholas, Chislehurst, Kent, on 26 Feb. He married 14 Sept. 1803 Elizabeth, daughter of Lieutenant-general Francis Lascelles. She was born 30 March 1784, and died at Chislehurst 29 July 1828. The names of Fust and of Jenner-Fust are found in print in connection with the following cases: 1. ‘A Letter to the Archbishop of Canterbury in Refutation of Opinions delivered in the case of Breeks v. Woolfrey respecting Praying for the Dead,’ 1839. 2. ‘The Indeterminateness of Unauthorised Baptism occasioned by the Decision in the case of Mastin v. Escott,’ 1841. 3. ‘Report of the Trial of Doe on the demise of H. F. Bather, plaintiff, and Brayne and J. Edwards, defendants, with reference to the will of W. Brayne,’ 1848. 4. ‘Notices of the late Judgment in the case of Gorham v. the Bishop of Exeter; by J. King,’ 1849. 5. ‘The Sacrament of Baptism considered in reference to the Judgment of Sir H. Jenner-Fust; by H. Phillpotts, Bishop of Exeter,’ 1849. 6. ‘Gorham, clerk, against the Bishop of Exeter; the Judgment delivered in the Arches Court,’ 1849. 7. ‘Review of the Judgment in the case of Gorham v. the Bishop of Exeter; by the Editor of the "Christian Observer," i.e. William Goode, jun.,'1850. 8. 'A Medical Man, Dr. S. Ashwell, obtains a Will from a sick Lady during the absence of her Husband, whom he deprives of 25,000l. Judgment of Sir H. Jenner-Fust,' 1850. 9. 'Judgment in the Prerogative Court in the cause Cursham v. Williams and Chouler,' 1851. Jenner-Fust's portrait by F. Y. Hurlstone was engraved by William Walker in 1835.

[Gent. Mag. April 1852, p. 408; Law Times (1852),xviii.216; Christian Observer, December, 1849, pp. 809-56, and October, 1850, pp. 698-713; Thornbury's Old and New London, i. 288, 292.]

G. C. B.