Page:Dictionary of National Biography volume 08.djvu/118

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

serjeant-at-law. When in 1846 the court of common pleas was opened to all the members of the bar, Byles received a patent of precedence in all courts. He rapidly acquired a large and leading practice both on his own circuit, which he led for many years after Sir Fitzroy Kelly became solicitor-general, and also in London. About 1855 he resigned his recordership, and in 1857 he was appointed queen's serjeant, along with Serjeants Shee and Wrangham. This was the last appointment of queen's serjeants (see Pulling, Order of the Coif, 41, 182). Though he never sat in parliament, he was always a strong and old-fashioned conservative. He was once a candidate for Aylesbury, but being a rigid unitarian, and constant attendant at a unitarian chapel, was unacceptable to the church party. Nevertheless he was selected by Lord Cranworth in January 1858, though of opposite politics, for promotion to the bench, and when Sir Cresswell Cresswell retired, he was made a knight and justice of the common pleas. He proved a very strong judge, courteous, genial and humorous, and of especial learning in mercantile affairs; he was one of the judges who won for the court of common pleas its high repute and popularity among commercial litigants. Nevertheless, both as an advocate and a judge his mind was marked by a defect singular in one of his indubitable ability. He displayed a serious want of readiness in his perception of the facts of a case. What, however, he lacked in rapidity of mind, he made up for by extreme accuracy. He was an expert shorthand writer. In January 1873 failure of health and memory and inability any longer to sustain the labour of going circuit compelled him to resign his judgeship. He received a pension, and along with Baron Channell became, on 3 March, a member of the privy council, and for some time, when his presence was required, he continued to attend the sittings of the judicial committee. He continued to reside at Hanfield House, Uxbridge, where and in London he was a well-known figure on his old white horse, and was occupied largely with literary interests until his death, which occurred on 3 Feb. 1884, in his eighty-third year. In the course of his lifetime he published a considerable number of works. Before he was called he delivered a series of lectures on commercial law in the hall of Lyon's Inn, and the first of these, delivered 3 Nov. 1829, he published at the request and risk of friends, and without alteration, under the title of ‘A Discourse on the Present State of the Law of England.’ About the same time he published ‘A Practical Compendium of the Law of Bills of Exchange,’ which has since become the standard work on this branch of law, and has reached a fourteenth edition. The sixth edition he dedicated to Baron Parke, and in the preparation of the ninth he was assisted by his son Maurice. During the long vacation of 1845, while absent from London, he composed a pamphlet called ‘Observations on the Usury Laws, with suggestions for Amendment and a Draft Bill,’ which he published in the October following. A keen protectionist, he wrote in 1849 a work called ‘Sophisms of Free Trade,’ which at once ran through eight editions, and was reprinted by his permission, but without his name, in 1870, with his notes brought up to date, by the Manchester Reciprocity Association. The book expressly disclaims party motives and displays considerable and wide reading. In 1875, after his retirement, he published ‘Foundations of Religion in the Mind and Heart of Man.’ It is non-controversial and didactic, and was written at different times and at considerable intervals. He was twice married, first in 1828 to a daughter of Mr. John Foster, of Biggleswade, who died very shortly after the marriage; second in 1836 to a daughter of Mr. James Webb, of Royston, who died in 1872. He had several children; the eldest son, Walter Barnard, was called to the bar in 1865, the second, Maurice Barnard, in 1866, and was for some years a revising barrister.

[Foss's Lives of the Judges; Davy's Athenæ Suffolcienses, iv. 35; Davy's Suffolk Collections; Add. MS. 19121, pp. 351–2; Men of the Time, ed. 1879; Law Journal, viii. 33; Solicitors' Journal, 9 Feb. 1884; Serjeant Ballantine's Reminiscences, p. 190.]

J. A. H.

BYLOT, ROBERT (fl. 1610–1616), navigator, is first mentioned as a seaman of the Discovery, in the expedition to the North-West under Hudson in 1610–11. His being rated as master's mate, and the jealousy which this promotion excited, were among the causes of the mutiny of the ship's company and the death of the captain [see Hudson, Henry]. No blame seems to have been attributed to Bylot; and in 1612–13 he was again employed under Button, who completed the exploration of Hudson's Bay [see Button, Sir Thomas]. It seems probable that in 1614 he was employed with Gibbons, and in 1615 he was appointed to the command of the Discovery, with Baffin as his mate. The accounts of the voyages in this and the following year were written by Baffin, who was unquestionably the more scientific navigator, and whose name has