Page:Dictionary of National Biography volume 30.djvu/367

  for his grandnephew, William Kelway, and for four grandnieces, one of whom was Elizabeth, wife of John Stafford Smith. To her and to Ann Heather he left his harpsichord (‘made by Petrus Joannes Couchet’), his Cremona violin, and all his instruments and books of music. He had given his picture of Geminiani and his own portrait to his ‘faithful servant, Ann Phillips,’ to whom also was granted during her life the use of his house in King's Row, Upper Grosvenor Street, and his household goods. Robert Heather, coachbuilder, and John Stafford Smith were the executors. The collection of music was sold in 1782. Except a few court minuets, &c., Kelway's only publication was ‘Six Sonatas for the Harpsichord,’ 1764.

 KELWAY, THOMAS (d. 1749), organist and composer, is said to have been born at Chichester, where he entered the cathedral choir. It is possible that he was the son of Thomas or of Jasper Kelway of Windsor (‘assessment of inhabitants, May 1690;’ Sloane MS. 4847, fol. 86), and a pupil of Weldon or his master Walter of Eton, since his compositions are said to bear traces of Weldon's influence. It may also have been by Weldon's recommendation that he was chosen to succeed Reading as organist of Chichester Cathedral in 1726. He remained there for twenty-three years, and died on 21 May 1749. The gravestone was lost sight of for one hundred years, and when accidentally discovered was restored and set up in the south aisle. Joseph Kelway [q. v.] was his brother.

Kelway's printed music includes three evening services in A minor, B minor, and G minor (Novello), and two anthems, ‘Not unto us’ and ‘Unto Thee’ (Cope's volume of anthems). The library of Chichester Cathedral contains the above compositions in manuscript score, together with Services, Morning and Evening, full, in F; Morning in E, in C, and Evening in A; Anthems: ‘O praise the Lord,’ full, four voices; ‘Sing we merrily,’ ‘Sing unto God,’ ‘The Mighty God’ (solo bass with chorus), ‘Blessed be the Lord God,’ and ‘Let the words of my mouth.’

 KELYNG, JOHN (d. 1671), chief justice of the king's bench, son of John Kelyng, a barrister of the Inner Temple, created M.A. at Oxford on 1 Aug. 1621, was admitted a member of the Inner Temple on 22 Jan. 1623–4, and called to the bar by the same society on 10 Feb. 1631–2. He practised with his father on the crown side in the forest courts for some years after his call; refused to take the protestation on the outbreak of the civil war, and having attempted at the Hertfordshire spring quarter-sessions in 1642 to obtain the presentment by the grand jury of some persons found drilling pursuant to the militia ordinance, was summoned to the bar of the House of Commons, arrested, and committed to Windsor Castle, where he was detained in close confinement until the Restoration. He was then called to the degree of serjeant-at-law 4 July 1660, and was appointed one of the counsel to supply the place of the king's serjeant, Sir John Glanville [q. v.], who was in infirm health, in the proceedings against the regicides. In this capacity he opened the case against Colonel Hacker, and moved for judgment against Heveningham. On 21 Jan. 1660–1661 he was knighted at Whitehall, and on 25 March following he was returned to parliament for Bedford. The validity of the return was disputed, but by order of the house of 16 May, Kelyng was permitted to sit pending the decision of the question. Meanwhile he was employed in drafting the Act of Uniformity passed in the following year. On 19 Nov. 1661 he prosecuted for high treason John James [q. v.], a Fifth-monarchy man. At the trial of the supposed witches before Sir Matthew Hale [q. v.] at Bury St. Edmunds assizes on 10 March 1661–2, Kelyng openly expressed his dissatisfaction with the evidence, and after performing, at Hale's request, certain simple experiments on the children alleged to be bewitched, declared his belief that ‘the whole transaction of this business was a mere imposture.’ In June 1662 he took part in the proceedings against Sir Henry Vane, towards whom he exhibited ‘a very snappish property.’ On 18 June 1663 he was appointed a puisne judge of the king's bench in succession to Thomas Malet [q. v.] On 21 Nov. 1665, seven months after the death of Chief-justice Hyde [q. v.], Kelyng succeeded to his place. His bearing on the bench, both before and still more after his advancement to the chief justiceship, was haughty and brutal, and he did not scruple to browbeat, fine, and even imprison the jury. This scandalous practice being brought to the notice of the House of Commons, Kelyng was summoned before a committee appointed to investigate the charge, which reported on 11 Dec. 1667 that ‘the 