Timothy Turner
Encyclopedia
Sir Timothy Turner SL
JP
(11 July 1585 – January 1677) was an English
judge.
Turner was the eldest son of the Shropshire
barrister Thomas Turner. He was a member of Staple Inn
and then joined Gray's Inn
on 8 March 1607, being called to the bar on 30 October 1611. In the contemporary debates between Sir Edward Coke
and Lord Chancellor Ellesmere
, Turner's notebooks reveal him to have felt a strong reaction against Ellesmere's claims for the royal prerogative
as "transcendent to the common law".
His initial practice was centered around Ludlow
, the legal center of Wales
and the Marches
, but he was of little note officially until 1626, when he became a justice of the peace
for Shropshire
, through the influence either of Sir Thomas Coventry
, or Ellesmere's son and heir the Earl of Bridgewater
. (Turner's second wife was the widow of Bridgewater's late solicitor.)
A commissioner in Shropshire for the forced loan of 1626, Turner was subsequently king's solicitor before the Council of the Marches
from 1627 to 1637, and a master in chancery
extraordinary from 1630. He became a bencher
of Gray's Inn in 1632. His first judicial appointment came in 1634, when he was made puisne judge for the North Wales circuit, and in 1637, became chief justice of South Wales. He became recorder
of Shrewsbury
in 1638.
In 1642, it was reported to the House of Commons
that Turner and the mayor of Shrewsbury had placed a declaration before the grand jury which declared the Commissions of Array
legitimate and included a promise to defend the King
as well as the laws and privileges of Parliament. While Turner later claimed that he had been forced to take this position due to the strength of the Royalist
party in Shropshire — and several members of his household, including his son, joined the Parliamentary
cause — he was stripped of his offices by the end of 1645 and forced to compound with Parliament.
During the Interregnum
, Turner reflected in 1658 that the conflict between Coke and Ellesmere "overthrew all at Last and brought the whole nation...into that slavery". However, upon the Restoration
, Turner's passivity during the Interregnum was rewarded. He was made Chief Justice of Chester in 1660, restored to the recordership of Shrewsbury from 1660 until 1670, and a serjeant-at-law
in 1669. He was knighted in 1670, and died in January 1677.
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...
JP
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
(11 July 1585 – January 1677) was an 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...
judge.
Turner was the eldest son of the Shropshire
Shropshire
Shropshire is a 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. It borders Wales to the west...
barrister Thomas Turner. He was a member of Staple Inn
Staple Inn
Staple Inn is a building on the south side of High Holborn in London, England. Located near Chancery Lane tube station, it is used as the London office of the Institute of Actuaries and is the last surviving Inn of Chancery and is a listed building....
and then joined 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...
on 8 March 1607, being called to the bar on 30 October 1611. In the contemporary debates between Sir Edward Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
and 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:...
, Turner's notebooks reveal him to have felt a strong reaction against Ellesmere's claims for the royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
as "transcendent to the common law".
His initial practice was centered around Ludlow
Ludlow
Ludlow is a market town in Shropshire, England close to the Welsh border and in the Welsh Marches. It lies within a bend of the River Teme, on its eastern bank, forming an area of and centred on a small hill. Atop this hill is the site of Ludlow Castle and the market place...
, the legal center of Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and the Marches
Welsh Marches
The Welsh Marches is a term which, in modern usage, denotes an imprecisely defined area along and around the border between England and Wales in the United Kingdom. The precise meaning of the term has varied at different periods...
, but he was of little note officially until 1626, when he became a justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
for Shropshire
Shropshire
Shropshire is a 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. It borders Wales to the west...
, through the influence either of Sir Thomas Coventry
Thomas Coventry
Thomas Coventry may refer to:* Thomas Coventry, 1st Baron Coventry*Thomas Coventry, 2nd Earl of Coventry*Thomas Coventry, 1st Earl of Coventry*Thomas Henry Coventry, Viscount Deerhurst...
, or Ellesmere's son and heir the Earl of Bridgewater
John Egerton, 1st Earl of Bridgewater
John Egerton, 1st Earl of Bridgewater KB, PC was an English peer and politician.The son of the Thomas Egerton, 1st Viscount Brackley and Elizabeth Ravenscroft, he was a Member of Parliament for Callington from 1597 to 1598, and for Shropshire in 1601. Knighted on 8 April 1599, he was Baron of the...
. (Turner's second wife was the widow of Bridgewater's late solicitor.)
A commissioner in Shropshire for the forced loan of 1626, Turner was subsequently king's solicitor before the Council of the Marches
Council of the Marches
The Council of Wales and the Marches was a regional administrative body within the Kingdom of England between the 15th and 17th centuries, similar to the Council of the North...
from 1627 to 1637, and a master in chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
extraordinary from 1630. He became a bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of Gray's Inn in 1632. His first judicial appointment came in 1634, when he was made puisne judge for the North Wales circuit, and in 1637, became chief justice of South Wales. He became recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of Shrewsbury
Shrewsbury
Shrewsbury is the county town of Shropshire, in the West Midlands region of England. Lying on the River Severn, it is a civil parish home to some 70,000 inhabitants, and is the primary settlement and headquarters of Shropshire Council...
in 1638.
In 1642, it was reported to the 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...
that Turner and the mayor of Shrewsbury had placed a declaration before the grand jury which declared the Commissions of Array
Commission of Array
A Commission of Array was a commission given by English royalty to officers or gentry in a given territory to muster and array the inhabitants and to see them in a condition for war, or to put soldiers of a country in a condition for military service...
legitimate and included a promise to defend 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...
as well as the laws and privileges of Parliament. While Turner later claimed that he had been forced to take this position due to the strength of the Royalist
Cavalier
Cavalier was the name used by Parliamentarians for a Royalist supporter of King Charles I and son Charles II during the English Civil War, the Interregnum, and the Restoration...
party in Shropshire — and several members of his household, including his son, joined the Parliamentary
Roundhead
"Roundhead" was the nickname given to the supporters of the Parliament during the English Civil War. Also known as Parliamentarians, they fought against King Charles I and his supporters, the Cavaliers , who claimed absolute power and the divine right of kings...
cause — he was stripped of his offices by the end of 1645 and forced to compound with Parliament.
During the Interregnum
English Interregnum
The English Interregnum was the period of parliamentary and military rule by the Lord Protector Oliver Cromwell under the Commonwealth of England after the English Civil War...
, Turner reflected in 1658 that the conflict between Coke and Ellesmere "overthrew all at Last and brought the whole nation...into that slavery". However, upon the Restoration
English 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...
, Turner's passivity during the Interregnum was rewarded. He was made Chief Justice of Chester in 1660, restored to the recordership of Shrewsbury from 1660 until 1670, and 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...
in 1669. He was knighted in 1670, and died in January 1677.