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Thomas Burnet (judge)


Thomas Burnet (1694–1753) was an English wit, barrister and judge, from a Scottish-Dutch background.

He was the grandson of the Scottish judge Robert Burnet, Lord Crimond; and third and youngest son of Gilbert Burnet by his second wife, Mrs. Mary Scott, a rich Dutch lady of Scottish extraction. His mother died in 1698: two years later his father remarried her best friend Elizabeth Berkeley, who proved to be a kindly stepmother to Thomas and his siblings. He was educated at home, entered Merton College, Oxford, and in 1706 went to the University of Leyden, where he remained two years. Afterwards he travelled in Germany, Switzerland, and Italy, and on his return entered at Middle Temple in 1709.

As a young man Burnet's attention was on Whig politics; he was notorious about London for debauchery and wit. Jonathan Swift, writing of the Mohocks in 1712, said: "The bishop of Salisbury's son is said to be of the gang; they are all whigs." His reputation for debauchery caused his father much distress, although there was no permanent estrangement, and Thomas was sincerely grieved by the death of Gilbert, whom he called "the best of fathers", in 1715.

He published many pamphlets, for one of which, Certain information of a certain discourse, the Whigs, on their accession to power, rewarded him with the consulship at Lisbon, a post he held from 1719 to 1728 There he quarrelled with Charles O'Hara, 1st Baron Tyrawley, the English ambassador, and took revenge by appearing on a great occasion in a plain suit himself, but with lacqueys in suits copied from that which the ambassador was to wear.

Burnet returned to England in late 1728 and was called to the bar in 1729. He prevailed upon Attorney General Philip Yorke for employment, and was successful in securing a position as Serjeant-at-Law in Easter term 1736, and King's Serjeant in May 1740.He was appointed a judge of the Court of Common Pleas in October 1741, when William Fortescue became Master of the Rolls. He was knighted in November 1745, and was a Fellow of the Royal Society.


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