John Fineux
Encyclopedia
Sir John Fineux (c.1441-1526) was an English judge and Chief Justice of the King’s Bench
.
, his mother's name being Monyngs. The family of Fyneux or Fineux (sometimes also written Finiox or Fineaux) was of great antiquity in Kent. The judge is said by Fuller
, on the authority of one of his descendants, a certain Thomas Fyneux, to have begun the study of law at the age of twenty-eight, to have practised at the bar for twenty-eight years, and to have sat on the bench for the same period. As he died not earlier than 1526, he must, if Fuller
's statements are correct, have been born about 1441. He was a member of Gray's Inn
and a reader there, though the dates of his admission, call, and reading are alike uncertain. He was appointed in 1474 one of the commissioners for administering the marsh lands lying between Tenterden
and Lydd
, and in 1476 seneschal of the manors of the prior and chapter of Christ Church, Canterbury. This is probably the origin of David Lloyd's statement that he 'was steward of 129 manors at once' (Christ Church Letters, Camden Soc. p. 95). On 20 November 1485 he was called to the degree of serjeant-at-law
, his motto for the occasion being 'Quisque suae fortunse faber.' This is the earliest recorded instance of a motto being assumed by a serjeant on occasion of his call. In 1486 he was sworn of the council. On 18 May 1488 he was appointed steward of Dover Castle
, on 10 May 1489 he received a commission of justice of assize for Norfolk
, and on 14 August following he was appointed king’s serjeant
. Lloyd says that he opposed the subsidy of a tithe of rents and goods demanded for the expenses of the war in Brittany
. This must have been in 1488-9.
, whence on 24 Nov. 1495 he was transferred to the chief-justiceship of the king's bench
. He was one of the triers of petitions in the parliament of 1496, and the same year was joined with the Archbishop of Canterbury, the Archbishop of York
and certain other peers as feoffee of certain manors in Staffordshire
, Berkshire
, Wiltshire
, Kent
, and Leicestershire
to the use of the king
. He was one of the executors of the will of Cardinal Morton, who died in 1500. In 1503 he was again a trier of petitions in parliament, and was enfeoffed of certain other manors to the uses of the king
's will. In the act of parliament declaring the feoffment he is for the first time designated 'knight.' In 1509 he was appointed one of the executors of the king
's will. He was also a trier of petitions in the parliament of 1515.
. This act, though its duration was limited to a single year, was vehemently denounced by Richard Kidderminster, abbot of Winchcombe
, in a sermon preached at Paul's Cross in 1505, as altogether contrary to the law of God and the liberties of the church. The defence of the act was undertaken by Standish, warden of the Friars Minors
. The general question of the amenability of the clergy to the temporal courts was thus raised and hotly debated, the controversy being further exasperated by a murder committed by the direction of the Bishop of London on one Richard Hunne
, who had rendered himself obnoxious to the clergy. The ferment of the public mind being general and extreme, the judges and the council were assembled by order of the king first at Blackfriars and subsequently at Baynard's Castle
, for a solemn conference upon the entire question. On the latter occasion a very dramatic incident occurred in which Fineux played a principal part. Towards the close of the debate the Archbishop of Canterbury
cited the authority of 'divers holy fathers' against the pretensions of the temporal courts to try clerical offenders; to which Fineux replied that 'the arraignment of clerks had been maintained by divers holy kings, and sundry good holy fathers of the church had been obedient and content with the practice of the law on this point; which it was not to be presumed they would have been if they had believed or supposed that it was altogether contrary to the law of God; on the other hand they [the clergy] had no authority by their law to arraign any one of felony.' The archbishop
having interposed that they had sufficient authority, but without saying when or whence they derived it, Fineux continued that 'in the event of a clerk being arrested by the secular power and then committed to the spiritual court at the instance of the clergy, the spiritual court had no jurisdiction to decide the case, but had only power to do with him according to the intention and purpose for which he had been remitted to them.' To this, the archbishop
making no reply, the king
said : 'By the ordinance and sufferance of God . . . we intend to maintain the right of our crown, and of our temporal jurisdiction, as well in this point as in all other points, in as ample a manner as any of our progenitors have done before our time; and as for your decrees, we are well assured that you of the spirituality yourselves act expressly against the tenor of them, as has been well shown to you by some of our spiritual council, wherefore we will not comply with your desires more than our progenitors in times past have done.' Shortly after this emphatic declaration, the assembly was dissolved. Fineux's statement of the
law on this occasion was referred to by Lord Chancellor Ellesmere
in the case of the Post nati in 1608 as a precedent in favour of the authority of the extrajudicial opinions of judges then beginning to be seriously impugned.
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
.
Early life and career
Fineux was the son of William Fyneux of Swingfield, KentKent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
, his mother's name being Monyngs. The family of Fyneux or Fineux (sometimes also written Finiox or Fineaux) was of great antiquity in Kent. The judge is said by Fuller
Thomas Fuller
Thomas Fuller was an English churchman and historian. He is now remembered for his writings, particularly his Worthies of England, published after his death...
, on the authority of one of his descendants, a certain Thomas Fyneux, to have begun the study of law at the age of twenty-eight, to have practised at the bar for twenty-eight years, and to have sat on the bench for the same period. As he died not earlier than 1526, he must, if Fuller
Thomas Fuller
Thomas Fuller was an English churchman and historian. He is now remembered for his writings, particularly his Worthies of England, published after his death...
's statements are correct, have been born about 1441. He was a member of Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, 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...
and a reader there, though the dates of his admission, call, and reading are alike uncertain. He was appointed in 1474 one of the commissioners for administering the marsh lands lying between Tenterden
Tenterden
Tenterden is a Cinque Port town in the Ashford District of Kent, England. It stands on the edge of the Weald, overlooking the valley of the River Rother....
and Lydd
Lydd
Lydd is a town in Kent, England, lying on the Romney Marsh. It is one of the larger towns on the Marsh, and the most southerly town in Kent. Actually located on Denge Marsh, Lydd was one of the first sandy islands to form as the bay evolved into what is now called the Romney Marsh...
, and in 1476 seneschal of the manors of the prior and chapter of Christ Church, Canterbury. This is probably the origin of David Lloyd's statement that he 'was steward of 129 manors at once' (Christ Church Letters, Camden Soc. p. 95). On 20 November 1485 he was called to the degree of serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
, his motto for the occasion being 'Quisque suae fortunse faber.' This is the earliest recorded instance of a motto being assumed by a serjeant on occasion of his call. In 1486 he was sworn of the council. On 18 May 1488 he was appointed steward of Dover Castle
Dover Castle
Dover Castle is a medieval castle in the town of the same name in the English county of Kent. It was founded in the 12th century and has been described as the "Key to England" due to its defensive significance throughout history...
, on 10 May 1489 he received a commission of justice of assize for Norfolk
Norfolk
Norfolk is a low-lying county in the East of England. It has borders with Lincolnshire to the west, Cambridgeshire to the west and southwest and Suffolk to the south. Its northern and eastern boundaries are the North Sea coast and to the north-west the county is bordered by The Wash. The county...
, and on 14 August following he was appointed king’s serjeant
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
. Lloyd says that he opposed the subsidy of a tithe of rents and goods demanded for the expenses of the war in Brittany
Brittany
Brittany is a cultural and administrative region in the north-west of France. Previously a kingdom and then a duchy, Brittany was united to the Kingdom of France in 1532 as a province. Brittany has also been referred to as Less, Lesser or Little Britain...
. This must have been in 1488-9.
Judicial career
On 11 February 1493-4 he was raised to the bench as a puisne judge of the common pleasCourt of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
, whence on 24 Nov. 1495 he was transferred to the chief-justiceship of the king's bench
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
. He was one of the triers of petitions in the parliament of 1496, and the same year was joined with the Archbishop of Canterbury, the Archbishop of York
Thomas Rotherham
Thomas Rotherham , also known as Thomas de Rotherham, was an English cleric and statesman. He served as bishop of several dioceses, most notably as Archbishop of York and, on two occasions as Lord Chancellor...
and certain other peers as feoffee of certain manors in Staffordshire
Staffordshire
Staffordshire is a landlocked county in the West Midlands region of England. For Eurostat purposes, the county is a NUTS 3 region and is one of four counties or unitary districts that comprise the "Shropshire and Staffordshire" NUTS 2 region. Part of the National Forest lies within its borders...
, Berkshire
Berkshire
Berkshire is a historic county in the South of England. It is also often referred to as the Royal County of Berkshire because of the presence of the royal residence of Windsor Castle in the county; this usage, which dates to the 19th century at least, was recognised by the Queen in 1957, and...
, Wiltshire
Wiltshire
Wiltshire is a ceremonial county in South West England. It is landlocked and borders the counties of Dorset, Somerset, Hampshire, Gloucestershire, Oxfordshire and Berkshire. It contains the unitary authority of Swindon and covers...
, Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
, and Leicestershire
Leicestershire
Leicestershire is a landlocked county in the English Midlands. It takes its name from the heavily populated City of Leicester, traditionally its administrative centre, although the City of Leicester unitary authority is today administered separately from the rest of Leicestershire...
to the use of the king
Henry VII of England
Henry VII was King of England and Lord of Ireland from his seizing the crown on 22 August 1485 until his death on 21 April 1509, as the first monarch of the House of Tudor....
. He was one of the executors of the will of Cardinal Morton, who died in 1500. In 1503 he was again a trier of petitions in parliament, and was enfeoffed of certain other manors to the uses of the king
Henry VII of England
Henry VII was King of England and Lord of Ireland from his seizing the crown on 22 August 1485 until his death on 21 April 1509, as the first monarch of the House of Tudor....
's will. In the act of parliament declaring the feoffment he is for the first time designated 'knight.' In 1509 he was appointed one of the executors of the king
Henry VII of England
Henry VII was King of England and Lord of Ireland from his seizing the crown on 22 August 1485 until his death on 21 April 1509, as the first monarch of the House of Tudor....
's will. He was also a trier of petitions in the parliament of 1515.
Benefit of clergy
In 1512 an act had been passed depriving all murderers and felons not in holy orders of benefit of clergyBenefit of clergy
In English law, the benefit of clergy was originally a provision by which clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law...
. This act, though its duration was limited to a single year, was vehemently denounced by Richard Kidderminster, abbot of Winchcombe
Winchcombe Abbey
Winchcombe Abbey is a now-vanished Benedictine abbey in Winchcombe, Gloucestershire, this abbey was once the capital of Mercia, an Anglo Saxon kingdom at the time of the Heptarchy in England. The Abbey was founded c. 798 for three hundred Benedictine monks, by King Offa of Mercia or King Kenulf. In...
, in a sermon preached at Paul's Cross in 1505, as altogether contrary to the law of God and the liberties of the church. The defence of the act was undertaken by Standish, warden of the Friars Minors
Franciscan
Most Franciscans are members of Roman Catholic religious orders founded by Saint Francis of Assisi. Besides Roman Catholic communities, there are also Old Catholic, Anglican, Lutheran, ecumenical and Non-denominational Franciscan communities....
. The general question of the amenability of the clergy to the temporal courts was thus raised and hotly debated, the controversy being further exasperated by a murder committed by the direction of the Bishop of London on one Richard Hunne
Richard Hunne
Richard Hunne was a merchant tailor with Lollard sympathies. He was charged with heresy in London in 1514.-Life:In March 1511, Hunne refused to pay the standard mortuary fee, the baby's christening robe, to the rector of St. Mary Matfelon in Whitechapel after the funeral of his dead baby...
, who had rendered himself obnoxious to the clergy. The ferment of the public mind being general and extreme, the judges and the council were assembled by order of the king first at Blackfriars and subsequently at Baynard's Castle
Baynard's Castle
Baynard's Castle refers to buildings on two neighbouring sites in London, between where Blackfriars station and St Paul's Cathedral now stand. The first was a Norman fortification constructed by Ralph Baynard and demolished by King John in 1213. The second was a medieval palace built a short...
, for a solemn conference upon the entire question. On the latter occasion a very dramatic incident occurred in which Fineux played a principal part. Towards the close of the debate the Archbishop of Canterbury
William Warham
William Warham , Archbishop of Canterbury, belonged to a Hampshire family, and was educated at Winchester and New College, Oxford, afterwards practising and teaching law both in London and Oxford....
cited the authority of 'divers holy fathers' against the pretensions of the temporal courts to try clerical offenders; to which Fineux replied that 'the arraignment of clerks had been maintained by divers holy kings, and sundry good holy fathers of the church had been obedient and content with the practice of the law on this point; which it was not to be presumed they would have been if they had believed or supposed that it was altogether contrary to the law of God; on the other hand they [the clergy] had no authority by their law to arraign any one of felony.' The archbishop
William Warham
William Warham , Archbishop of Canterbury, belonged to a Hampshire family, and was educated at Winchester and New College, Oxford, afterwards practising and teaching law both in London and Oxford....
having interposed that they had sufficient authority, but without saying when or whence they derived it, Fineux continued that 'in the event of a clerk being arrested by the secular power and then committed to the spiritual court at the instance of the clergy, the spiritual court had no jurisdiction to decide the case, but had only power to do with him according to the intention and purpose for which he had been remitted to them.' To this, the archbishop
William Warham
William Warham , Archbishop of Canterbury, belonged to a Hampshire family, and was educated at Winchester and New College, Oxford, afterwards practising and teaching law both in London and Oxford....
making no reply, the king
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
said : 'By the ordinance and sufferance of God . . . we intend to maintain the right of our crown, and of our temporal jurisdiction, as well in this point as in all other points, in as ample a manner as any of our progenitors have done before our time; and as for your decrees, we are well assured that you of the spirituality yourselves act expressly against the tenor of them, as has been well shown to you by some of our spiritual council, wherefore we will not comply with your desires more than our progenitors in times past have done.' Shortly after this emphatic declaration, the assembly was dissolved. Fineux's statement of the
law on this occasion was referred to by Lord Chancellor Ellesmere
Thomas Egerton, 1st Viscount Brackley
Thomas Egerton, 1st Viscount Brackley PC was an English Nobleman, Judge and Statesman who served as Lord Keeper and Lord Chancellor for twenty-one years.-Early life, education and legal career:...
in the case of the Post nati in 1608 as a precedent in favour of the authority of the extrajudicial opinions of judges then beginning to be seriously impugned.