Lord Chief Baron of the Exchequer
Encyclopedia
The Chief Baron of the Exchequer was the first "baron" (i.e., judge
) of the English
Exchequer of pleas
. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury
, and the Chancellor of the Exchequer
, it was he who presided in the equity court and answered the bar i.e. spoke for the court." Practically speaking, he held the most important office of the Exchequer of pleas.
The chief baron along with the three puisne
barons, sat as a court of common law
, heard suits in the court of equity, and settled revenue disputes. A pusine baron was styled Mr Baron X and the chief baron as Lord Chief Baron X.
From 1550-1579, there was a major distinction between the chief baron and the second, third and fourth puisne barons. The difference was in social status and education
. All of the chief barons had been trained as lawyer
s in the inns of court
. With the exception of Henry Bradshaw and Sir Clement Higham, both barrister
s-at-law, all of the chief barons who served Queen Elizabeth I, had attained the highest and most prestigious rank of a lawyer, serjeant-at-law
.
In 1875, the Court of Exchequer became the Exchequer Division of the High Court
. Following the death of the last chief baron, the division and that of Common Pleas were amalgamated with the Queen's Bench Division.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
) of the English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
Exchequer of pleas
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...
. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury
First Lord of the Treasury
The First Lord of the Treasury is the head of the commission exercising the ancient office of Lord High Treasurer in the United Kingdom, and is now always also the Prime Minister...
, and the Chancellor of the Exchequer
Chancellor of the Exchequer
The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all economic and financial matters. Often simply called the Chancellor, the office-holder controls HM Treasury and plays a role akin to the posts of Minister of Finance or Secretary of the...
, it was he who presided in the equity court and answered the bar i.e. spoke for the court." Practically speaking, he held the most important office of the Exchequer of pleas.
The chief baron along with the three puisne
Puisne
Puisne is a legal term of art used mainly in British English meaning "inferior in rank." It is pronounced like the word puny, and the word, so spelled, has become an ordinary adjective meaning weak or undersized.The judges and barons of the common law courts at...
barons, sat as a court of common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, heard suits in the court of equity, and settled revenue disputes. A pusine baron was styled Mr Baron X and the chief baron as Lord Chief Baron X.
From 1550-1579, there was a major distinction between the chief baron and the second, third and fourth puisne barons. The difference was in social status and education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
. All of the chief barons had been trained as lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s in the inns of court
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...
. With the exception of Henry Bradshaw and Sir Clement Higham, both barrister
Barrister
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...
s-at-law, all of the chief barons who served Queen Elizabeth I, had attained the highest and most prestigious rank of a lawyer, 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...
.
In 1875, the Court of Exchequer became the Exchequer Division of the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
. Following the death of the last chief baron, the division and that of Common Pleas were amalgamated with the Queen's Bench Division.
Chief Barons of the Exchequer
- 1423 Sir John JuynJohn JuynSir John Juyn SL was a British judge. He was the son of John Juhyne, a wool merchant from Bristol, and his wife Margery. After the death of his father in 1390, Juyn inherited his estates in Bristol, Bedminster and Knowle, and his contacts with the Bristolian merchant community helped with his...
- 1483 Humfrey StarkyHumfrey StarkyHumfrey Starky SL was a British justice. He studied at Inner Temple and was made Recorder of London in 1471. In 1478 he was made a Serjeant-at-Law, allowing him to practice in the Court of Common Pleas. He served briefly as Lord Chief Baron of the Exchequer in 1483 but was moved later that year,...
- 1526 Sir Richard BrokeRichard BrokeSir Richard Broke or Brooke , was an English judge, who served as Chief Baron of the Exchequer.Broke was fourth son of Thomas Broke of Leighton in Cheshire, and his wife, daughter and heiress of John Parker of Copnall. His ancestors had been Brokes of Leighton since the twelfth century, and came of...
- 1529 Sir Richard LysterRichard LysterSir Richard Lyster was an English judge and Chief Justice of the King’s Bench.-Origins and early career:Sir Frederick Madden in his "Remarks on the Monument of Sir Richard Lyster in St. Michael's Church Southampton," describes both the judge's grandfather, Thomas, and his father, John, as of...
- 1545 Sir Roger CholmleyRoger CholmeleySir Roger Cholmeley was Lord Chief Justice of the Court of King's Bench from 1552 to 1553.-Background and early life:...
- 1552 Henry Bradshaw Esq
- 1553 David Brooke
- 1558 Sir Clement HighamClement HighamSir Clement Higham, Knight, of Barrow Hall, Suffolk, , was a Member of Parliament, Speaker of the House of Commons , Lord Chief Baron of the Exchequer, and a Privy Councillor to Queen Mary...
- 1559 Sir Edward SaundersEdward Saunders (judge)Sir Edward Saunders was an English judge and Chief Justice of the Queen’s Bench.-Early life and career:Saunders was the third son of Thomas Saunders of Sibertoft or of Harrington, Northamptonshire, by Margaret, daughter of Richard Cave. His younger brother was Laurence Saunders, the martyr. He was...
- 1577 Sir Robert Bell
- 1577 Sir John Jeffery
- 1578 Sir Roger ManwoodRoger ManwoodSir Roger Manwood was an English jurist and Lord Chief Baron of the Exchequer.-Career:Sir Roger was the son of Thomas Manwood of Sandwich in Kent. He trained as a barrister at the Inner Temple and attained the highest and most prestigious order of counsel, namely serjeant-at-law...
- 1593 Sir William Peryam
- 1604 Sir Thomas FlemingThomas Fleming (judge)Sir Thomas Fleming was an English member of Parliament and judge, whose most famous case was the trial of Guy Fawkes in relation to the Gunpowder Plot...
- 1607 Sir Lawrence TanfieldLawrence TanfieldSir Lawrence Tanfield was an English lawyer, politician and Lord Chief Baron of the Exchequer.He was the eldest son of Robert Tanfield of Burford by his wife Wilgiford Fitzherbert and educated at Eton College and the Inner Temple...
- 1625 Sir John WalterJohn Walter (jurist)Sir John Walter was an English judge and Member of Parliament.Walter was educated at Brasenose College, Oxford and the Inner Temple. He was called to the bar in 1590 and became a bencher of his inn in 1605...
- 1631 Sir Humphrey Davenport
- 1645 Sir Richard LaneRichard Lane (barrister)Sir Richard Lane was an English barrister who practised mostly in the Court of Exchequer. He acted as defence counsel to the Earl of Strafford when he was impeached and attainted, and also represented Archbishop Williams and eleven other bishops who were imprisoned in the Tower of London in...
- 1648 John WildeJohn Wilde (jurist)John Wilde was an English lawyer and politician. As a serjeant-at-law he was referred to as Serjeant Wilde before he was appointed judge...
- 1655 William Steele
- 1658 Sir Thomas WiddringtonThomas WiddringtonSir Thomas Widdrington SL was an English politician and judge of the 17th century.He and his brother Ralph were of a junior branch of an ancient Northumbrian family and were distantly related to William Widdrington, 1st Baron Widdrington...
- 1660 John WildeJohn Wilde (jurist)John Wilde was an English lawyer and politician. As a serjeant-at-law he was referred to as Serjeant Wilde before he was appointed judge...
- 1660 Sir Orlando Bridgeman
- 1660 Sir Matthew HaleMatthew Hale (jurist)Sir Matthew Hale SL was an influential English barrister, judge and jurist most noted for his treatise Historia Placitorum Coronæ, or The History of the Pleas of the Crown. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict...
- 1671 Sir Edward Turnor
- 1676 Sir William MontaguWilliam Montagu (judge)Sir William Montagu was an English judge and politician who sat in the House of Commons variously between 1640 and 1676....
- 1686 Sir Edward AtkynsEdward AtkynsSir Edward Atkyns SL was an English judge, a baron of the exchequer of the Commonwealth period.-Life:He was the third son of Richard Atkyns, and was born in 1587, apparently at Bensington in Oxfordshire...
- 1689 Sir Robert AtkynsRobert Atkyns (judge)Sir Robert Atkyns KB KS was an English Lord Chief Baron of the Exchequer, Member of parliament, and Speaker of the House of Lords.-Early life:...
- 1695 Sir Edward Ward
- 1714 Sir Samuel Dodd
- 1716 Sir Thomas BuryThomas BuryThomas Bury may refer to:* Thomas Talbot Bury, British architect*Thomas Bury...
- 1722 Sir James MontaguJames Montagu (judge)Sir James Montagu SL QC was an English barrister, and judge. As a politician, he sat in the House of Commons at various times between 1695 and 1713 and served as Solicitor General and Attorney General.-Life:...
- 1723 Sir Robert EyreRobert EyreSir Robert Eyre was an English lawyer, who served as Solicitor-General and then as a judge, ultimately as Chief Justice of the Common Pleas.-Family:...
- 1725 Sir Jeffrey GilbertJeffrey Gilbert (judge)Jeffrey Gilbert was an English judge and author who was Lord Chief Baron of the Exchequer in both Ireland and England and later became renowned for his legal treatises, none of which were published in his lifetime.-Family and early career:...
- 1726 Sir Thomas PengellyThomas Pengelly (judge)Sir Thomas Pengelly was a British judge of the 18th century, one of two Members of Parliament for Cockermouth, serving from 1722 to 1727, and Chief Baron of the Exchequer in 1726.-Early years:...
- 1730 Sir James Reynolds, juniorSir James Reynolds, juniorSir James Reynolds was Lord Chief Baron of the Exchequer from 1730 to 1738. He should not be confused with his relative Sir James Reynolds who was Chief Justice of the Irish Common Pleas in the same era....
- 1738 Sir John ComynsJohn ComynsSir John Comyns SL , of Writtle in Essex, was an English judge and Member of Parliament. He was educated at Felsted....
- 1740 Sir Edward Probyn
- 1742 Sir Thomas ParkerThomas Parker (judge)Thomas Parker was an English judge, Privy Counsellor and Lord Chief Baron of the Exchequer.-References:*Dictionary of National Biography, Parker, Sir Thomas , judge, by J. A. Hamilton. Published 1895....
- 1772 Sir Sydney Smythe
- 1777 Sir John Skynner
- 1787 Sir James EyreJames EyreSir James Eyre was an English judge, the son of the Rev. Thomas Eyre, of Wells, Somerset.-Biography:He was educated at Winchester College and at St John's College, Oxford, which he left without taking a degree. He was called to the bar at Gray's Inn in 1755, Thomas Parker, chief baron of the...
- 1793 Sir Archibald MacdonaldArchibald MacdonaldSir Archibald Macdonald, 1st Baronet was a British lawyer and politician.-Family:Archibald Macdonald was the posthumous son of Sir Alexander Macdonald, 7th Baronet, and younger brother of the 8th baronet , but was bought to England in the aftermath of Culloden to complete his education at...
- 1813 Sir Vicary GibbsVicary GibbsSir Vicary Gibbs, KC was an English judge and politician. He was known for his caustic wit, which won for him the sobriquet of "Vinegar Gibbs".-Early life and education :...
- 1814 Sir Alexander Thomson
- 1817 Sir Richard RichardsRichard Richards (MP)Sir Richard Richards SL was a Welsh politician and judge. He was Member of Parliament for Helston on two occasions, but only made one speech in Parliament...
- 1824 Sir William Alexander
- 1831 The Lord LyndhurstJohn Copley, 1st Baron LyndhurstJohn Singleton Copley, 1st Baron Lyndhurst PC KS FRS , was a British lawyer and politician. He was three times Lord Chancellor of Great Britain.-Background and education:...
- 1834 Sir James ScarlettJames Scarlett, 1st Baron AbingerJames Scarlett, 1st Baron Abinger was an English lawyer, politician and judge.-Background and education:...
- 1844 Sir Frederick PollockSir Frederick Pollock, 1st BaronetSir Frederick Pollock, 1st Baronet PC , was a British lawyer and Tory politician.-Background and education:...
- 1866 Sir Fitzroy KellyFitzroy KellySir Fitzroy Edward Kelly PC, KC , was an English commercial lawyer, Tory politician and judge.-Background and education:...
Further reading
- Walker, David M., The Oxford Companion to Law, Appendix I, list of Chief Barons 1660-1880