Robert Foster (judge)
Encyclopedia
Sir Robert Foster was an English judge and Chief Justice of the King’s Bench
.
. He was born in 1589, admitted a member of the Inner Temple
in 1604, and called to the bar in January 1610. He was reader in the autumn of 1631, and with ten others received the degree of serjeant-at-law
on 30 May 1636. On 27 January 1640 he succeeded Sir George Vernon as a justice of the Common Pleas
and was knighted.
and billeting of troops, and joined king Charles I of England
at Oxford
on his retreat thither, but he was one of those judges for whose continuance in office the British House of Commons
petitioned in 1643. At Oxford
he attempted without success to hold a Court of Common Pleas
. On 31 January 1643 he received the degree of D.C.L. He was one of the judges who tried and condemned Captain Turpin in 1644, and although the House of Commons ordered Serjeant Glanville, his colleague in that case, to be impeached for high treason, Foster was only removed, and with the four other judges of the Common Pleas
disabled from his office “as if dead”, for adherence to the king
. He compounded for his estates by paying a large fine. After the death of Charles I, Foster lived in retirement, and, being a deep black letter law
yer, practised in the Temple as a chamber counsel and conveyancer. He had received on 14 October 1656 a license from Oliver Cromwell
and council to come to London on private business and stay there, notwithstanding the late proclamation.
he was at once restored to the bench, 31 May 1660, and, having shown zeal on the trials of the regicides, was presently (21 October 1660) appointed to the chief-justiceship of the King's Bench
, which had remained vacant for want of a suitable person to fill it. He dealt sternly with political prisoners. Many Fifth-monarchy men
and the Quakers, John Crook, Grey, Bolton, and Tonge, accused of a plot against the king's life, were tried by him, and in the case of Sir Harry Vane
he not only browbeat the prisoner on the trial, but induced the king
to sanction the execution against his inclination and word and the petition of both houses of parliament. On 1 July 1663 he tried Sir Charles Sedley
for indecent behaviour, and 'rebuked him severely.' He died on circuit, 4 October 1663, and was buried under a tomb bearing a bust of him in robes, at Egham
, Surrey.
, descended.
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 career
Foster was the youngest son of Sir Thomas Foster, a judge of the common pleas in the time of James IJames I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
. He was born in 1589, admitted a member of 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 1604, and called to the bar in January 1610. He was reader in the autumn of 1631, and with ten others received 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...
on 30 May 1636. On 27 January 1640 he succeeded Sir George Vernon as a justice of the Common Pleas
Court 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...
and was knighted.
Conduct during the Civil War and Protectorate
He was an ardent royalist, is supposed to have defended ship moneyShip money
Ship money refers to a tax that Charles I of England tried to levy without the consent of Parliament. This tax, which was only applied to coastal towns during a time of war, was intended to offset the cost of defending that part of the coast, and could be paid in actual ships or the equivalent value...
and billeting of troops, and joined king Charles I of England
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...
at Oxford
Oxford
The city of Oxford is the county town of Oxfordshire, England. The city, made prominent by its medieval university, has a population of just under 165,000, with 153,900 living within the district boundary. It lies about 50 miles north-west of London. The rivers Cherwell and Thames run through...
on his retreat thither, but he was one of those judges for whose continuance in office the British House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
petitioned in 1643. At Oxford
Oxford
The city of Oxford is the county town of Oxfordshire, England. The city, made prominent by its medieval university, has a population of just under 165,000, with 153,900 living within the district boundary. It lies about 50 miles north-west of London. The rivers Cherwell and Thames run through...
he attempted without success to hold a Court of Common Pleas
Court 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...
. On 31 January 1643 he received the degree of D.C.L. He was one of the judges who tried and condemned Captain Turpin in 1644, and although the House of Commons ordered Serjeant Glanville, his colleague in that case, to be impeached for high treason, Foster was only removed, and with the four other judges of the Common Pleas
Court 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...
disabled from his office “as if dead”, for adherence to the king
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...
. He compounded for his estates by paying a large fine. After the death of Charles I, Foster lived in retirement, and, being a deep black letter law
Black letter law
The black letter law refers to the basic standard elements for a particular field of law, which are generally known and free from doubt or dispute...
yer, practised in the Temple as a chamber counsel and conveyancer. He had received on 14 October 1656 a license from Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
and council to come to London on private business and stay there, notwithstanding the late proclamation.
Chief Justice
At the RestorationEnglish Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
he was at once restored to the bench, 31 May 1660, and, having shown zeal on the trials of the regicides, was presently (21 October 1660) appointed 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,...
, which had remained vacant for want of a suitable person to fill it. He dealt sternly with political prisoners. Many Fifth-monarchy men
Four monarchies
The four kingdoms refers to four monarchies, or world empires, described in dreams and visions in the Book of Daniel of the Hebrew Bible. The actual term "four kingdoms" occurs once, found in Daniel 8:22. These four kingdoms are described in different ways throughout Daniel, beginning with chapter...
and the Quakers, John Crook, Grey, Bolton, and Tonge, accused of a plot against the king's life, were tried by him, and in the case of Sir Harry Vane
Henry Vane the Younger
Sir Henry Vane , son of Henry Vane the Elder , was an English politician, statesman, and colonial governor...
he not only browbeat the prisoner on the trial, but induced the king
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
to sanction the execution against his inclination and word and the petition of both houses of parliament. On 1 July 1663 he tried Sir Charles Sedley
Charles Sedley
Sir Charles Sedley, 5th Baronet was an English wit, dramatist and politician, ending his career as Speaker of the House of Commons.-Life:...
for indecent behaviour, and 'rebuked him severely.' He died on circuit, 4 October 1663, and was buried under a tomb bearing a bust of him in robes, at Egham
Egham
Egham is a wealthy suburb in the Runnymede borough of Surrey, in the south-east of England. It is part of the London commuter belt and Greater London Urban Area, and about south-west of central London on the River Thames and near junction 13 of the M25 motorway.-Demographics:Egham town has a...
, Surrey.
Private life
Foster married Elizabeth, the daughter of Sir Edward Burton of Bourne, Sussex. He left a son Thomas, afterwards a knight, to whom his house, Great Foster House, EghamEgham
Egham is a wealthy suburb in the Runnymede borough of Surrey, in the south-east of England. It is part of the London commuter belt and Greater London Urban Area, and about south-west of central London on the River Thames and near junction 13 of the M25 motorway.-Demographics:Egham town has a...
, descended.