John Markham
Encyclopedia
Sir John Markham was an English judge and Chief Justice of the King’s Bench
, by either his first or second wife. Francis Markham, in his manuscript 'History of the Family’, written in 1606, Thoroton
in his 'History of Nottinghamshire', and Wotton in his ' Baronetage’ described him as the son of the second wife, but the writ of dower which she brought in 1410 against 'John, son and heir of her husband by his wife Elizabeth,' seems to point the other way. His extreme youth when his father died, however, makes it almost certain that he was a son by the second marriage.
. At Easter 1440 he was made a serjeant-at-law
, served the king
in that capacity, and on 6 February 1444 was raised to a seat on the king's bench. In the subsequent troubles, though he probably took no active part, he was popular with the Yorkists
. He and his elder brother Robert were both made knights of the Bath at the coronation of Edward IV
. In October 1450 he reproved an enemy of John Paston
for the injuries done to Paston, and for 'ungoodly' private life. On the accession of Edward IV
he was immediately promoted to the office of chief justice of the king's bench
, 13 May 1461, in place of Sir John Fortescue
. He was credited with having procured a knighthood for Yelverton, 'who had loked to have ben chef juge,' to console him for his disappointment. On 23 January 1469 Markham was superseded by Sir Thomas Billing
.
, who couples him with Fortescue
as famous for his impartiality, tells us that the king
deprived him of his office because he directed a jury in the case of Sir Thomas Cooke, accused of high treason for lending money to Margaret of Anjou
(July 1468), to find him guilty only of misprision of treason
. Markham certainly presided on the occasion in question, and his removal closely followed it. Sir John Markham then laid down the maxim of our jurisprudence that 'a subject may arrest for treason, the king cannot, for if the arrest be illegal the party has no remedy against the king.' He is said to have won the name of the 'upright judge,' and Sir Nicholas Throckmorton
, when on his trial in 1554, urged the chief justice to incline his judgment after the example of Judge Markham. and others who eschewed corrupt judgments.
, which he had inherited from his father, and dying there in 1479, was buried in the parish church.
By his wife Margaret, daughter and coheiress of Sir Simon Leke of Cottam, Nottinghamshire, he had a son Thomas and a daughter Elizabeth. A descendant of Sir John Markham
was created a baronet
by Charles I
in 1642. The title became extinct in 1779.
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,...
Origins
Markham was the son of John Markham, a 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...
, by either his first or second wife. Francis Markham, in his manuscript 'History of the Family’, written in 1606, Thoroton
Robert Thoroton
Dr. Robert Thoroton was an English antiquary, mainly remembered for his county history, The Antiquities of Nottinghamshire .-Life:...
in his 'History of Nottinghamshire', and Wotton in his ' Baronetage’ described him as the son of the second wife, but the writ of dower which she brought in 1410 against 'John, son and heir of her husband by his wife Elizabeth,' seems to point the other way. His extreme youth when his father died, however, makes it almost certain that he was a son by the second marriage.
Career
He does not appear as an advocate until 1430, having studied the law, according to a doubtful authority, at Gray's InnGray'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...
. At Easter 1440 he was made a 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...
, served the king
Henry VI of England
Henry VI was King of England from 1422 to 1461 and again from 1470 to 1471, and disputed King of France from 1422 to 1453. Until 1437, his realm was governed by regents. Contemporaneous accounts described him as peaceful and pious, not suited for the violent dynastic civil wars, known as the Wars...
in that capacity, and on 6 February 1444 was raised to a seat on the king's bench. In the subsequent troubles, though he probably took no active part, he was popular with the Yorkists
House of York
The House of York was a branch of the English royal House of Plantagenet, three members of which became English kings in the late 15th century. The House of York was descended in the paternal line from Edmund of Langley, 1st Duke of York, the fourth surviving son of Edward III, but also represented...
. He and his elder brother Robert were both made knights of the Bath at the coronation of Edward IV
Edward IV of England
Edward IV was King of England from 4 March 1461 until 3 October 1470, and again from 11 April 1471 until his death. He was the first Yorkist King of England...
. In October 1450 he reproved an enemy of John Paston
Paston Letters
The Paston Letters are a collection of letters and papers from England, consisting of the correspondence of members of the gentry Paston family, and others connected with them, between the years 1422 and 1509, and also including some state papers and other important documents.- History of the...
for the injuries done to Paston, and for 'ungoodly' private life. On the accession of Edward IV
Edward IV of England
Edward IV was King of England from 4 March 1461 until 3 October 1470, and again from 11 April 1471 until his death. He was the first Yorkist King of England...
he was immediately promoted to the office of chief justice 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,...
, 13 May 1461, in place of Sir John Fortescue
John Fortescue
thumb|right|John FortescueSir John Fortescue was an English lawyer, and the author of the De laudibus legum Angliae, an influential treatise on English law.-Early life:...
. He was credited with having procured a knighthood for Yelverton, 'who had loked to have ben chef juge,' to console him for his disappointment. On 23 January 1469 Markham was superseded by Sir Thomas Billing
Thomas Billing
Sir Thomas Billing was an English judge and Chief Justice of the King’s Bench.-Early life and career:Billing is said by Fuller to have been a native of Northamptonshire, where two villages near Northampton bear his name, and to have afterwards lived in state at Ashwell in that county. Lord...
.
Judicial reputation
FullerThomas 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...
, who couples him with Fortescue
John Fortescue
thumb|right|John FortescueSir John Fortescue was an English lawyer, and the author of the De laudibus legum Angliae, an influential treatise on English law.-Early life:...
as famous for his impartiality, tells us that the king
Edward IV of England
Edward IV was King of England from 4 March 1461 until 3 October 1470, and again from 11 April 1471 until his death. He was the first Yorkist King of England...
deprived him of his office because he directed a jury in the case of Sir Thomas Cooke, accused of high treason for lending money to Margaret of Anjou
Margaret of Anjou
Margaret of Anjou was the wife of King Henry VI of England. As such, she was Queen consort of England from 1445 to 1461 and again from 1470 to 1471; and Queen consort of France from 1445 to 1453...
(July 1468), to find him guilty only of misprision of treason
Misprision of treason
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority...
. Markham certainly presided on the occasion in question, and his removal closely followed it. Sir John Markham then laid down the maxim of our jurisprudence that 'a subject may arrest for treason, the king cannot, for if the arrest be illegal the party has no remedy against the king.' He is said to have won the name of the 'upright judge,' and Sir Nicholas Throckmorton
Nicholas Throckmorton
Sir Nicholas Throckmorton was an English diplomat and politician, who was an ambassador to France and played a key role in the relationship between Elizabeth I and Mary, Queen of Scots.-Early years:...
, when on his trial in 1554, urged the chief justice to incline his judgment after the example of Judge Markham. and others who eschewed corrupt judgments.
Death and descendants
Markham spent the rest of his life in retirement at Sedgebrook Hall, Sedgebrook, LincolnshireLincolnshire
Lincolnshire is a county in the east of England. It borders Norfolk to the south east, Cambridgeshire to the south, Rutland to the south west, Leicestershire and Nottinghamshire to the west, South Yorkshire to the north west, and the East Riding of Yorkshire to the north. It also borders...
, which he had inherited from his father, and dying there in 1479, was buried in the parish church.
By his wife Margaret, daughter and coheiress of Sir Simon Leke of Cottam, Nottinghamshire, he had a son Thomas and a daughter Elizabeth. A descendant of Sir John Markham
Markham Baronets
There have been two Baronetcies created for persons with the surname Markham, one in the Baronetage of England and one in the Baronetage of the United Kingdom....
was created a baronet
Baronet
A baronet or the rare female equivalent, a baronetess , is the holder of a hereditary baronetcy awarded by the British Crown...
by Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
in 1642. The title became extinct in 1779.