The Chief Baron of the Exchequer was the first "baron" (meaning 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." [1] 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 puisne baron was styled "Mr Baron X" and the chief baron as "Lord Chief Baron X".
From 1550 to 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 lawyers in the inns of court. With the exception of Henry Bradshaw and Sir Clement Higham, both barristers-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 in 1880, the division and that of Common Pleas were merged into the King's Bench Division. [2]
Chief Baron | Title | Created | Current status | Other Judicial Roles |
---|---|---|---|---|
Sir James Scarlett | Baron Abinger | 12 January 1835 | Extant | None |
The Lord Chief Justice of England and Wales is the Head of the Judiciary of England and Wales and the President of the Courts of England and Wales.
The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of 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 in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880.
The Lord Deputy was the representative of the monarch and head of the Irish executive under English rule, during the Lordship of Ireland and then the Kingdom of Ireland. He deputised prior to 1523 for the Viceroy of Ireland. The plural form is Lords Deputy.
The Barons of the Exchequer, or barones scaccarii, were the judges of the English court known as the Exchequer of Pleas. The Barons consisted of a Chief Baron of the Exchequer and several puisne (inferior) barons. When Robert Shute was appointed second baron in June 1579 the patent declared "he shall be reputed and be of the same order, rank, estimation, dignity and pre-eminence to all intents and purposes as any puisne judge of either of the two other courts." The rise of commercial trade in Elizabethan England occasioned fraudulent application of the Quo minus writ. More taxation demanded staff at the exchequer to sift an increase in the case load causing more widespread litigation cases to come to the court. From the 1580s onwards the Barons of Exchequer were no longer held in such low regard, and more likely to be Serjeants-at-law before qualification. The Inns of Courts began to exclude solicitors, and held posts for judges and barons open equally to barristers. In 1591, Regulations reflected a case in which the Lord Keeper Egerton banned solicitors from seeking cases in the Exchequer.
The Attorney-General for Ireland was an Irish and then United Kingdom government office-holder. He was senior in rank to the Solicitor-General for Ireland: both advised the Crown on Irish legal matters. With the establishment of the Irish Free State in 1922, the duties of the Attorney-General and Solicitor-General for Ireland were taken over by the Attorney General of Ireland. The office of Solicitor-General for Ireland was abolished at the same time for reasons of economy. This led to repeated complaints from the first Attorney General of Ireland, Hugh Kennedy, about the "immense volume of work" which he was now forced to deal with single-handedly.
The Chancellor of the Exchequer of Ireland was the head of the Exchequer of Ireland and a member of the Dublin Castle administration under the Lord Lieutenant of Ireland in the Kingdom of Ireland. In early times the title was sometimes given as Chancellor of the Green Wax. In the early centuries, the Chancellor was often a highly educated cleric with knowledge of Finance. In later centuries, when sessions of Parliament had become regular, the Chancellor was invariably an MP in the Irish House of Commons.
Sir Henry Green, of Boughton,(died 6 August 1369) was an English lawyer, and Chief Justice of the King's Bench from 24 May 1361 to 29 October 1365. He was speaker of the House of Lords in two Parliaments (1363–64).
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 Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench.
Sir Robert Atkyns (1620–1710) was an English Lord Chief Baron of the Exchequer, Member of parliament, and Speaker of the House of Lords.
Sir Thomas Abney was an English barrister and later judge. He was baptized at Willesley, Derbyshire on 30 April 1691 and was the younger son of Sir Edward Abney, by his second wife, Judith, daughter and co-heir of Peter Barr, of London.
Sir George Carey, JP, DL, of Cockington in the parish of Tor Mohun in Devon, England, was Lord Deputy of Ireland from May 1603 to February 1604.
Sir Edward Atkyns SL (1587–1669) was an English judge, a baron of the exchequer of the Commonwealth period.
The chief justice of the Common Pleas for Ireland was the presiding judge of the Court of Common Pleas in Ireland, which was known in its early years as the Court of Common Bench, or simply as "the Bench", or "the Dublin bench". It was one of the senior courts of common law in Ireland, and was a mirror of the Court of Common Pleas in England. The Court of Common Pleas was one of the "four courts" which sat in the building in Dublin which is still known as the Four Courts, apart from a period in the fourteenth century when it relocated to Carlow, which was thought to be both more central and more secure for the rulers of Norman Ireland.
Sir Edward Atkyns was an English lawyer and politician who sat in the House of Commons in 1660. He was the Chief Baron of the Exchequer from 1686 to 1689.
Nicholas Nugent was an Anglo-Irish judge, who was hanged for treason by the government that appointed him. He had, before his downfall, enjoyed a highly successful career, holding office as Solicitor General for Ireland, Baron of the Irish Court of Exchequer, and Chief Justice of the Irish Common Pleas, but he was ruined by the rebellion of his nephew William Nugent, which he was accused of supporting.
Robert de Emeldon was an English-born Crown official and judge who spent much of his career in Ireland. He held several important public offices, including Attorney-General for Ireland, Lord High Treasurer of Ireland and Chief Baron of the Irish Exchequer. He was a turbulent and violent man, who was guilty of at least one homicide, was imprisoned for a number of serious crimes including rape and manslaughter, and had a bad reputation for corruption: but he was a royal favourite of King Edward III and was thus able to survive temporary disgrace.
William de Skipwith was a fourteenth-century English judge, who also served as a judge in Ireland. He held the office of Chief Baron of the Exchequer 1362-5. He suffered temporary disgrace when he was removed from office for corruption, but he was restored to favour, became Lord Chief Justice of Ireland 1370-2, and later returned to the English bench. He appears to have been the only High Court judge to have escaped impeachment by the English Parliament of 1388.
Peter Warburton (1588–1666) was an English barrister and judge.
Sir John Cary, of Devon, was a judge who rose to the position of Chief Baron of the Exchequer (1386–88) and served twice as Member of Parliament for Devon, on both occasions together with his brother, Sir William Cary, in 1363/64 and 1368/69.