Thomas Barnardiston (legal writer)

Last updated

Thomas Barnardiston
Died(1752-10-14)14 October 1752
Resting place Chelsea, London
OccupationBarrister, legal reporter
Known for Barnardiston's Chancery Reports
Barnardiston's King's Bench Reports

Thomas Barnardiston (died 1752) was an English barrister and legal reporter, famed for the inaccuracy of his law reports. [1]

Contents

Life

Barnardiston the eldest child of Thomas Barnardiston (born [2] 1677), of Wyverstone and Bury St Edmunds, and his wife Mary, daughter of Sir George Downing, 1st Baronet., [3] who married on 28 June 1705. [4] His sister Elizabeth married John Ewer, and his sister Mary married Edward Goate. [5] After Bury school, he was admitted to Clare College, Cambridge in 1722, and to the Middle Temple in 1723. [6]

Barnardiston was created a serjeant-at-law on 3 June 1735. He died on 14 October 1752, and was buried on the 20th at Chelsea, London. [1]

Works

His reports in Chancery were published in 1740, 1741, and 1742; and his Reports of Cases adjudged in the King's Bench, from 12 Geo. I to 7 Geo. II, were published in two volumes in 1744. The Chancery reports are important for containing the decisions of Lord Hardwicke. [1]

Reputation

Sir James Burrow said that Lord Mansfield forbade the citing of Barnardiston's reports in Chancery, for fear of misleading students, since none of his reports were correct throughout. In the following century Lord Lyndhurst recalled that when he was a young barrister it was said that the reports were actually nonsense scribbled by a practical joker in the Serjeant's notebook while he was taking a nap. Lord Manners, on the other hand, said: "Although Barnardiston is not considered a very correct reporter, yet some of his cases are very accurately reported;" and Lord Eldon said that some of the reports were "of very great authority". [1]

Barnardiston's King's Bench reports have also been repeatedly denounced, but also frequently cited. [1]

Related Research Articles

John Fortescue (judge) Chief Justice of the Kings Bench of England

Sir John Fortescue of Ebrington in Gloucestershire, was Chief Justice of the King's Bench and was the author of De Laudibus Legum Angliae, first published posthumously circa 1543, an influential treatise on English law. In the course of Henry VI's reign, Fortescue was appointed one of the governors of Lincoln's Inn three times and served as a Member of Parliament from 1421 to 1437. He became one of the King's Serjeants during the Easter term of 1441, and subsequently served as Chief Justice of the King's Bench from 25 January 1442 to Easter term 1460.

Inner Temple One of the four Inns of Court in London, England

The Honourable Society of the Inner Temple, commonly known as the 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, a person must belong to one of these Inns. It is located in the wider Temple area of the capital, near the Royal Courts of Justice, and within the City of London.

Inns of Court Professional associations for barristers in England and Wales

The Inns of Court in London are the professional associations for barristers in England and Wales. There are four Inns of Court – Gray's Inn, Lincoln's Inn, Inner Temple and Middle Temple.

Thomas Audley, 1st Baron Audley of Walden English politician

Thomas Audley, 1st Baron Audley of Walden KG, PC, KS, was an English barrister and judge who served as Lord Chancellor of England from 1533 to 1544.

Serjeant-at-law Member of an order of barristers at the English bar

A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish 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 before the Norman Conquest. The Serjeants were the oldest formally created order in England, having been brought into existence as a body by Henry II. The order rose during the 16th century as a small, elite group of lawyers who took much of the work in the central common law courts. With the creation of Queen's Counsel during the reign of Elizabeth I, the order gradually began to decline, with each monarch opting to create more King's or Queen's Counsel. The Serjeants' exclusive jurisdictions were ended during the 19th century and, with the Judicature Act 1873 coming into force in 1875, it was felt that there was no need to have such figures, and no more were created. The last appointed was Nathaniel Lindley, later a Law Lord, who retired in 1905 and died in 1921. The number of Irish Serjeants-at-law was limited to three. The last appointment was A. M. Sullivan in 1912; after his 1921 relocation to the English bar he remained "Serjeant Sullivan" as a courtesy title.

James Burrow British law reporter and scholar

Sir James Burrow, was a Legal Reporter at Inner Temple, London, and was Vice President and twice briefly President of the Royal Society. He was knighted in 1773.

Court of Common Pleas (England) common law court in the English legal system

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.

Nominate reports, also known as nominative reports, named reports and private reports, is a legal term from common-law jurisdictions referring to the various published collections of reports of English cases in various courts from the Middle Ages to the 1860s, when law reporting was officially taken over by the Incorporated Council of Law Reporting, for example Edmund F. Moore's Reports of Cases Heard and Determined by the Judicial Committee and the Lords of His Majesty's most Honourable Privy Council on Appeal from the Supreme and Sudder Dewanny Courts in the East Indies published in London from 1837 to 1873, referred to as Moore's Indian Appeals and cited for example as: Moofti Mohummud Ubdoollah v. Baboo Mootechund 1 M.I.A. 383.

Sir Thomas Billing was an English judge and Chief Justice of the King’s Bench.

James Manning (1781–1866) was an English barrister, serjeant-at-law and law writer.

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. He was later a successful chancery barrister, eventually becoming Lord Chief Baron of the Exchequer.

Thomas Reeve British judge

Sir Thomas Reeve was a British justice.

Sir Robert Atkyns KB KS (1621–1710) was an English Lord Chief Baron of the Exchequer, Member of parliament, and Speaker of the House of Lords.

Outer Temple thought to have been one of the ten Inns of Chancery

The Outer Temple is a building next to the Temple in London, just outside the City of London. It has been suggested that it was once an Inn of Chancery; its historical existence was first posited by A. W. B. Simpson and confirmed by John Baker in 2008. Little is known of it, other than that it lacked a hall; Baker suggests that this is the reason that it did not survive long enough to appear in many records. Other writers have insisted that it was never an inn: Sir George Buck wrote in 1612 "the Utter Temple neither is nor was ever any college or society of students."

Sir Thomas Barnardiston, 1st Baronet was an English politician who sat in the House of Commons variously between 1640 and 1659. He fought on the Parliamentary side in the English Civil War.

Reports of Cases in the High Court of Chancery, 13 and 14 Geo. II. from April 25, 1740, to May 9, 1741 is the title of a collection of nominate reports, by Thomas Barnardiston, of cases decided by the Court of Chancery, between approximately 1740 and 1741. For the purpose of citation, their name may be abbreviated to "Barn C". They are reprinted in volume 27 of the English Reports.

Reports of Cases in the Court of King's Bench, together with some other cases from T. T. 12 Geo. I., to T. T. 7 Geo. II., from 1726 - 31 is the title of a collection of nominate reports, by Thomas Barnardiston, of cases decided by the Court of King's Bench between approximately 1726 and 1735. For the purpose of citation, their name may be abbreviated to "Barn KB". They are in two volumes. They are reprinted in volume 94 of the English Reports.

Alan Chambré English judge

Sir Alan Chambré was an English judge.

Matthew Skinner was an English serjeant-at-law, judge and politician who sat in the House of Commons from 1734 to 1738.

Joseph Hewitt (1754-1794) was an English-born barrister, politician and judge in late eighteenth century Ireland.

References

  1. 1 2 3 4 5 Cooper 1885, p. 247.
  2. Stirnet
  3. Jones, N. G. "Barnardiston, Thomas". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/1463.(Subscription or UK public library membership required.)
  4. Stirnet
  5. Proceedings of the Suffolk Institute of Archaeology and Natural History. G. Thompson. 1864. p. 155.
  6. "Barnardiston, Thomas (BNRN721T)". A Cambridge Alumni Database. University of Cambridge.
Attribution