James Parke, 1st Baron Wensleydale
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James Parke, 1st Baron Wensleydale PC
(22 March 1782 – 25 February 1868) was a British barrister and judge. After an education at The King's School, Macclesfield
and Trinity College, Cambridge
he studied under a special pleader
, before being called to the Bar by the Inner Temple
in 1813. Although not a particularly distinguished barrister, he was appointed to the Court of King's Bench
on 28 November 1828, made a Privy Councillor
in 1833 and, a year later, a Baron of the Exchequer. He resigned his post in 1855, angered by the passing of the Common Law Procedure Acts, but was recalled by the government, who gave him a peerage as Baron Wensleydale of Walton to allow him to undertake the Judicial functions of the House of Lords
, a job he fulfilled until his death on 25 February 1868.
, to Thomas Parke, a merchant, and his wife Anne. He studied at The King's School, Macclesfield
before matriculating to Trinity College, Cambridge
on 28 February 1799, where he won the Craven scholarship, Sir William Browne
's gold medal, and was fifth wrangler and senior chancellor's medallist in classics. He gained a Bachelor of Arts
in 1802 and a Master of Arts in 1804. Although admitted to Lincoln's Inn
on 10 May 1803, he transferred to the Inner Temple
on 22 April 1812, and after studying with a special pleader
was called to the Bar in 1813.
was not noted as particularly brilliant, but he was successful; in 1820, for example, he was junior counsel for the Pains and Penalties Bill 1820
against Caroline of Brunswick
. On 28 November 1828 he succeeded Sir George Holroyd as a judge of the Court of King's Bench
, a great achievement for somebody who had not even qualified as a King's Counsel, and he was knighted at the same time. In 1833 he was made a Privy Councillor
, and on 29 April 1834 was transferred, along with Edward Hall Alderson
, to the Court of Exchequer
, succeeding and being succeeded as a judge of the Court of King's Bench by John Williams.
His work in the Court of Exchequer has led to him being called "one of the greatest of English judges; had he comprehended the principles of equity as fully as he did the principles of the common law, he might fairly be called the greatest. His mental power, his ability to grasp difficult points, to disentangle complicated facts, and to state the law clearly, have seldom been surpassed. No judgments delivered during this period are of greater service to the student of law than his". He was criticised for being too respectful of authority and unwilling to overturn precedent; John Coleridge
accused him of being dedicated to the form of the law rather than the substance.
The Common Law Procedure Acts 1854 and 1855 led to his resignation from the Exchequer in disgust, but his reputation was such that the government recalled him by granting him a life peerage, that of Baron Wensleydale of Wensleydale. There was a question at the time of whether the letters patent
, which granted him a peerage "for the term of his natural life", allowed him to sit in the House of Lords
; it was eventually decided that they did not, and a second set was issued with the usual form for Baron Wensleydale of Walton. This was irrelevant, since he had no sons able to take the peerage even if it was not a life appointment. He sat as part of the Appellate Committee of the House of Lords
until his death on 25 February 1868.
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
(22 March 1782 – 25 February 1868) was a British barrister and judge. After an education at The King's School, Macclesfield
The King's School, Macclesfield
-Notable former pupils:* Peter Moores, ex-England Cricket Coach* Rev. Thomas Taylor, priest and historian* Alan Beith, politician* Jon Craig, Chief Political Correspondent of Sky News...
and Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
he studied under a special pleader
Special pleader
A special pleader was a historial legal occupation. The practitioner, or "special pleader" in English law specialised in drafting "pleadings", in modern terminology statements of case.-History:...
, before being called to the Bar by the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1813. Although not a particularly distinguished barrister, he was appointed to the Court of King's Bench
Court of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...
on 28 November 1828, made a Privy Councillor
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
in 1833 and, a year later, a Baron of the Exchequer. He resigned his post in 1855, angered by the passing of the Common Law Procedure Acts, but was recalled by the government, who gave him a peerage as Baron Wensleydale of Walton to allow him to undertake the Judicial functions of the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
, a job he fulfilled until his death on 25 February 1868.
Early life and education
Parke was born on 22 March 1782 in Highfield, near LiverpoolLiverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
, to Thomas Parke, a merchant, and his wife Anne. He studied at The King's School, Macclesfield
The King's School, Macclesfield
-Notable former pupils:* Peter Moores, ex-England Cricket Coach* Rev. Thomas Taylor, priest and historian* Alan Beith, politician* Jon Craig, Chief Political Correspondent of Sky News...
before matriculating to Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
on 28 February 1799, where he won the Craven scholarship, Sir William Browne
William Browne (physician)
-Life:Browne was born in County Durham, and was educated in Durham and at Peterhouse, Cambridge. After graduating, he worked as a doctor in King's Lynn, Norfolk, for more than thirty years before moving to Bloomsbury, London, in 1749...
's gold medal, and was fifth wrangler and senior chancellor's medallist in classics. He gained a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1802 and a Master of Arts in 1804. Although admitted to Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
on 10 May 1803, he transferred to the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
on 22 April 1812, and after studying with a special pleader
Special pleader
A special pleader was a historial legal occupation. The practitioner, or "special pleader" in English law specialised in drafting "pleadings", in modern terminology statements of case.-History:...
was called to the Bar in 1813.
Career
Parke's early career as a barristerBarrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
was not noted as particularly brilliant, but he was successful; in 1820, for example, he was junior counsel for the Pains and Penalties Bill 1820
Pains and Penalties Bill 1820
The Pains and Penalties Bill 1820 was a bill introduced to the British Parliament in 1820, at the request of King George IV, which aimed to dissolve his marriage to Caroline of Brunswick, and deprive her of the title of Queen of the United Kingdom....
against Caroline of Brunswick
Caroline of Brunswick
Caroline of Brunswick-Wolfenbüttel was the Queen consort of King George IV of the United Kingdom from 29 January 1820 until her death...
. On 28 November 1828 he succeeded Sir George Holroyd as a judge of the Court of King's Bench
Court of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...
, a great achievement for somebody who had not even qualified as a King's Counsel, and he was knighted at the same time. In 1833 he was made a Privy Councillor
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, and on 29 April 1834 was transferred, along with Edward Hall Alderson
Edward Hall Alderson
Sir Edward Hall Alderson was an English lawyer and judge whose many judgments on commercial law helped to shape the emerging British capitalism of the Victorian era....
, to the Court of Exchequer
Exchequer of pleas
The Exchequer of Pleas or Court of Exchequer was a court that followed equity, a set of legal principles based on natural law, and common law, in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia during the 1190s, to sit as an...
, succeeding and being succeeded as a judge of the Court of King's Bench by John Williams.
His work in the Court of Exchequer has led to him being called "one of the greatest of English judges; had he comprehended the principles of equity as fully as he did the principles of the common law, he might fairly be called the greatest. His mental power, his ability to grasp difficult points, to disentangle complicated facts, and to state the law clearly, have seldom been surpassed. No judgments delivered during this period are of greater service to the student of law than his". He was criticised for being too respectful of authority and unwilling to overturn precedent; John Coleridge
John Coleridge, 1st Baron Coleridge
John Duke Coleridge, 1st Baron Coleridge PC was a British lawyer, judge and Liberal politician. He held the posts, in turn, of Solicitor General for England and Wales, Attorney General for England and Wales, Chief Justice of the Common Pleas and Lord Chief Justice of England.-Background and...
accused him of being dedicated to the form of the law rather than the substance.
The Common Law Procedure Acts 1854 and 1855 led to his resignation from the Exchequer in disgust, but his reputation was such that the government recalled him by granting him a life peerage, that of Baron Wensleydale of Wensleydale. There was a question at the time of whether the letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
, which granted him a peerage "for the term of his natural life", allowed him to sit in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
; it was eventually decided that they did not, and a second set was issued with the usual form for Baron Wensleydale of Walton. This was irrelevant, since he had no sons able to take the peerage even if it was not a life appointment. He sat as part of the Appellate Committee of the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
until his death on 25 February 1868.
Personal life
In 1817 he married Cecilia, the daughter of Samuel F. Barlow of Middlethorpe, Yorkshire. They had three children who survived childhood, all daughters:- Mary Parke (died 26 August 1843), married Charles Howard, a son of the 6th Earl of CarlisleGeorge Howard, 6th Earl of CarlisleGeorge Howard, 6th Earl of Carlisle KG, PC, FRS , styled Viscount Morpeth until 1825, was a British statesman...
, and was the mother of the 9th Earl of CarlisleGeorge Howard, 9th Earl of CarlisleGeorge James Howard, 9th Earl of Carlisle , known as George Howard until 1889, was an English aristocrat, politician and painter.-Background and education:...
. - Cecilia Anne Parke (died 20 April 1845), married Sir Matthew Ridley, 4th BaronetSir Matthew Ridley, 4th BaronetSir Matthew White Ridley, 4th Baronet was a Conservative Party politician in the United Kingdom.He was appointed High Sheriff of Northumberland for 1841 and then served as Member of Parliament for Northumberland North from 1859 to 1868.He inherited the baronetcy on the death in 1836 of his father...
, and was the mother of Sir Matthew Ridley, 5th BaronetMatthew Ridley, 1st Viscount RidleyMatthew White Ridley, 1st Viscount Ridley PC, DL , known as Sir Matthew White Ridley, Bt from 1877 to 1900, was a British Conservative politician and statesman...
(who was created Viscount Ridley and Baron Wensleydale in 1900). - Charlotte Alice Parke (died 5 January 1908), married William LowtherWilliam Lowther (diplomat)William Lowther was a British diplomat and Conservative politician who sat in the House of Commons from 1868 to 1892....
, a grandson of the 1st Earl of LonsdaleWilliam Lowther, 1st Earl of LonsdaleWilliam Lowther, 1st Earl of Lonsdale of the second creation KG was a British Tory politician and nobleman.-Life:...
.