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 Puisne (; from Old French ''puisné'', modern ''puîné'', "later born, younger" (and thence, "inferior") from late Latin ''post-'', "after", and ''natus'', "born") is a legal term of art obsolete in many jurisdictions and, when current, used main ...

(''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. Together they sat as a court of

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

, 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". They were originally the same judges as those of the Court of King's Bench, only becoming independent positions after the Exchequer's separation from the '' curia regis''. In the early years of the Exchequer's existence, the Barons were the chief auditors of the accounts of England, a role passed to dedicated auditors during the reign of

Edward II Edward II (25 April 1284 – 21 September 1327), also called Edward of Caernarfon, was King of England and Lord of Ireland from 1307 until he was deposed in January 1327. The fourth son of Edward I, Edward became the heir apparent to ...

. With the Exchequer's expansion during the Tudor era, the Barons became more important; where previously only the Chief Baron had been appointed from the

serjeants-at-law 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 (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are wri ...

, with the other Barons mere

barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...

s, it became practice for all Barons of the Exchequer to be Serjeants. This further increased the Exchequer's standing, since for the first time it put the Exchequer at the same level as the

Court of Common Pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...

and Court of King's Bench, where all judges were already required to be Serjeants. Prior to the changes of 1533, Serjeants held precedence over barons "sitting in the high court,...of great eminence". Thereafter they held the degree of

coif A coif () is a close fitting cap worn by both men and women that covers the top, back, and sides of the head. History Coifs date from the 10th century, but fell out of popularity with men in the 14th century."A New Look for Women." Arts and ...

to qualify at the Inns of Court as the senior court at Westminster. 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 Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...

. All of the chief barons had been trained as

lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicit ...

s in the

inns of court 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. All barristers must belong to one of them. They have ...

. With the exception of Henry Bradshaw and Sir

Clement Higham Sir Clement Higham, or Heigham, (pre-1495 – 9 March 1571) of Barrow, Suffolk, was an English lawyer and politician, a Speaker of the House of Commons in 1554, and Chief Baron of the Exchequer in 1558–1559. A loyal Roman Catholic, he held v ...

, both

s-at-law, all of the chief barons who served

Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". Eli ...

, had attained the highest and most prestigious rank of a lawyer,

serjeant-at-law 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 (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are wri ...

. By 1841, the equitable jurisdiction was transferred to the Court of Chancery, which deals with pecuniary cases.

History

By 1272, individuals were nominated to the office of Baron of the Exchequer from time to time: 24 baronial justiciers were appointed by the end of Henry III's reign. From 1278, there were three Barons, with a fourth being appointed in 1296 and a fifth in 1299. By 1308, one of the Barons was recognised as ''Capitalem Baronem'' (Chief Baron).

Edward I Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vas ...

commanded the Exchequer sessions to be held at Hilary term. By the reforms of the reign of King

Richard II Richard II (6 January 1367 – ), also known as Richard of Bordeaux, was King of England from 1377 until he was deposed in 1399. He was the son of Edward the Black Prince, Prince of Wales, and Joan, Countess of Kent. Richard's father ...

, barons were not necessarily qualified special pleaders or serjeants; office was in the gift of the king, and barons were not usually permitted to refuse appointment. From then until 1478, it was recognised that there should be four puisne Barons. One was frequently named as Second Baron and rarely appointments were named as Third Baron and Fourth Baron. From then until 1547, the three puisne barons were always appointed to numbered offices, but in 1549, Edward Saxleby as successor to John Darnall was merely appointed as 'one of the Barons of the Exchequer'. However, he and his successors held the office of Cursitor Baron. An additional Baron was appointed in 1604. The number of puisnes generally remained at three until the 19th century, but there was a fourth from 1708 to 1725 due to John Smith having leave of absence to attend to the office of a Baron of the Scottish Exchequer. A fourth puisne baron was appointed in 1830 and a fifth in 1868.Sir John Sainty (comp.) ''The Judges of England, 1272-1990: a list of the judges of the Superior courts'' (Selden Society: Supplementary Series 1993, 10), 103-6.

Puisne barons

*1272/3–1283: Roger de la Leye *1272/3–1277: Hervey de Boreham *1273/4: Walter de Hopton *1273/4–1285/6: Roger de Northwood *1273/4: John de St Valerico *1274/5–1283/4: Philip de Wileby *1275/6–1299: John de Cobbeham *1283/4–1290/1: Peter de Chester *1284/5: William de Middleton *1290/1–1307: William de Carleton later Chief Baron of the Exchequer *1290/1: Peter de Leicester *1294–1312: John de Everdon *1295–1307; 1313–1320: John de Insula *1297/8–1307: Roger de Hegham *1299–1317: Richard de Abyngdon *1306–1307; 1324–1327: Humfrey de Waledene *1307–1310: Thomas de Cantebrig *1307–1308: John de Bankwell *1307–1323: John de Everdon *1308–1317: Richard de Abyngdon *1309–: John de Foxle *1310–: Roger de Scotre *1311: Walter de Gloucester *1311–1314: Walter de Norwich *1314–1316: Hervey de Staunton *1315–1320: John Abel (for a second time) *1316–1318: Ingelard de Warlee *1317–: John de Oakham *1318–1323: Robert de Wodehouse *1320–1324: Lambert de Trikingham *1320–: Walter de Friskeney *1322–1326: Roger Beler *1323–1327: William de Fulburn *1323–: Edmund de Passele *1324–1332: Robert de Ayleston *1324–1336: William de Everdon *1324–: Humfrey de Waledene *1326–: John de Radeswell *Feb 4, 1327 – Oct 15, 1327: William de Boudon *1327–: Robert de Nottingham *1329–1331: Robert de Wodehouse *1330–1332: Robert de Aylston *1330–1344: William de Cossale *1331–1332: Thomas de Garton *1332–: Adam de Steyngrave *1332–: William de Denum *1332–: Thomas de Blaston *1332–1336: Robert de Scorburgh *1332–1334: John de Hildesley *1334–: Adam de Lymbergh *1336–: Nicholas de Haghman *1336–: John de Shordich *1339–1340: William de la Pole *1340–: William de Northwell *1341–: William de Broclesby *1341–1350: Gervase de Wilford *1344–1352: Alan de Ashe *1346–1348: William de Stowe *1347–1357: John de Houghton *1350–: James Huse *1352–1356: William de Thorpe *1354–1375: William de Retford *1356–1365: Henry de Greystock *1357–1362: John de Bukyngham *1362–1373: Robert de Pleste *1365–1375: Almaric de Shirland *1365–1376: John de Stokes *1373–: William Gunthorp *1374–1377: John de Blockley *1375–1377: John Penros *1375–1401: Laurence de Allerthorpe *Jun 1377 – Oct 1377: Henry de Percehay *1377–?: Nicholas de Drayton *1383–1386: Robert de Plessyngton *1384–1403: William Ford *1389–1394: William Dounebrigge *1393–1399: Ralph de Selby *1399–1401: Thomas Ferriby *1399: John Staverton *1401–1403: Thomas de Tuttlebury *1401–1402: William Ermyn *1402–1412: Thomas Overton *1403–1423: Roger Westwode *1407: Henry Merston *1407–1423: Henry Somer *1410–1416: Richard Banke *1413–1422: Robert Malton *1421–1424: William Hesill *1423–1448: Nicholas Dixon *1423–: Thomas Banstre *1424–: Thomas Banke *26 May 1426–1 Oct 1426: William Ward *1426–1435: John Fray *1435–1438: William Derby *1436–1453: William Fallan *1438–1444: Roger Hunt *1438–1449: Thomas Levesham *1444–1456: Robert Frampton *1446–1449: John Holme *1447–1449: Gilbert Haltoft *1449–1470: John Durem *1453–1461: Thomas Thorpe *1458–70; 1471–94: Brian Roucliffe *1460–1470; 1471–81: John Clerke *1462–1467; 1470–1471: John Ingoldesby *1467–70; 1478–83: Ralph Wolseley *1467–:

Nicholas Statham Nicholas Statham ( fl. 1467) was an English lawyer, known as a legal writer. Life He is stated to have been born at Morley, Derbyshire. He was reader of Lincoln's Inn in Lent term 1471. On 30 October 1467 he received a patent for the reversion ...

*1481–1483: Thomas Whitington *1483–1494: Edward Goldsburgh *1484–1487: John Holgrave *1487–1502: Nicholas Lathell *1488–1504: Thomas Roche *1494–1496: Thomas Barnewell *1496–1501: Andrew Dymock *1501–1521: Bartholomew Westby *1502–1513: William Bolling *1504–1513: John Alleyn *1511–1523: Robert Blagge *1513–1522: Edmund Denny *1521–1527: William Wotton *1522–1539: John Hales *1523–1536: William Ellis *1527–1538: John Petit *1528–1532: John Scott *1532–1538: John Petit *1536–1542: Thomas Walshe *1538–1540: John Danaster *1539–1547: John Smith *1540–1549: Nicholas Luke *1542–1545: Lewis Fortescue *1545–1548: John Pilborough *1547–1550: Robert Curson *1548–1549: John Darnall *1549–1562: Edward Saxilby *1550–1558: Robert Brown *1559–1579: George Frevile *1562–1566: Thomas Pymme *1564–1572: John Birch *1566–1576: James Lord *1576–1577: Thomas Greek *1577–1579: Christopher Muschampe *1579–1586: Robert Shute of Hockington, co. CambridgeThe Orlebar Chronicles in Bedfordshire and Northamptonshire, 1553-1733, or the Children of the Manorhouse and their Posterity; by Frederica St. John Orlebar. Pub. Mitchell Hughes and Clarke, London, 1930.
Back Matter, page 316 – Orlebar Pedigree: ''... Jane, daughter of Robert Shute of Hockington, co. Cambridge (ancestor of Barrington Viscounts (Ireland, c.1720); Baron of the Exchequer 1579).'' *1579–1606: John Sotherton *1581–1584: John Clench *1584–1587: Edward Flowerdew *1586–1594: Thomas Gent *1587–1607: Robert Clarke *1594–1598: Matthew Ewens *1598–1607: Sir John Savile *1604–1625: George Snigg *1607–1617: Sir James Altham *1607–1610: Edward Heron *1610–1627:

Edward Bromley Sir Edward Bromley (1563–2 June 1626) was an English lawyer, judge, landowner and politician of the Elizabethan and Jacobean periods. A member of a Shropshire legal and landed gentry dynasty, he was prominent at the Inner Temple and became a ...

*1617–1639: John Denham *1625–: Thomas Trevor *1627–1631:

George Vernon George Frederick Vernon (20 June 1856 – 10 August 1902) was an English cricketer who played first-class cricket for Middlesex County Cricket Club. He also played one Test match for England during the first-ever Ashes tour in 1882-83. Biog ...

*1631–1634: James Weston *1634–: Richard Weston *1639–1642: Edward Henden *1645–1659; 1660–1670: Edward Atkyns *1648–: Thomas Gates *1655:

Robert Nicolas Robert Nicholas (1595–1667) was a judge and an English Member of Parliament who supported the Parliamentary cause in the English Civil War. Nicholas was elected Member of Parliament (M.P.) for Devizes for the Long Parliament in November 1640 ...

*1656: John Parker *1657: Roger Hill *1660–1675: Christopher Turnor *1663–1670: Sir Richard Rainsford *1670–1679: Timothy Lyttelton *1670–1673:

Hugh Wyndham Sir Hugh Wyndham SL (1602 – 24 December 1684), of Silton, near Gillingham, Dorset, was an English Judge of the Common Pleas and a Baron of the Exchequer. Origins He was born at Orchard Wyndham, Somerset, the eighth son of Sir John Wynd ...

*1673–1679:

Edward Thurland Edward Thurland (22 February 1607 – 14 January 1683) was an English lawyer and politician who sat in the House of Commons at various times between 1640 and 1673. Thurland was the son of Edward Thurland of Reigate, Surrey. He matriculate ...

*1675–1678:

Vere Bertie Vere Bertie (died 1680) was an English barrister and judge. Life and career He was of a Cavalier family, the fourth son to Montagu Bertie, 2nd Earl of Lindsey, Lord Great Chamberlain to Charles I, and his first wife Martha, daughter of Sir Willia ...

*1678–1679:

Francis Bramston Francis Bramston or Brampston (died 1683) was an English judge and Baron of the Exchequer. Life Bramston, the third son of Sir John Bramston the elder, was educated at the school of Thomas Farnabie, in Goldsmiths' Alley, Cripplegate, and at Que ...

*1679–1686: William Gregory *1679–1686: Sir Edward Atkyns *8 May 1679 – 22 June 1679: William Leeke *1679–1680: Thomas Raymond *1680–1681: Richard Weston *1681–1684: Sir Thomas Street *1684–1685:

Sir Robert Wright Sir Robert Wright (c. 1634 – 1689) was an English judge and Chief Justice of the King’s Bench 1687–89. Early life Wright was the son of Jermyn Wright of Wangford in Suffolk, by his wife Anne, daughter of Richard Batchcroft of Bexwell in ...

*1685–1691: Edward Nevill *1686–1688: Thomas Jenner *1686–1689: Richard Heath *1686–: Christopher Milton *1687–1688: Thomas Powell *1688–1689: Charles Ingleby *1688–1689: John Rotherham *1689–1700:

Sir Nicholas Lechmere ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as p ...

*1689–1696: John Turton *1691–1695: Sir John Powell junior *1695–1701: Sir Littelton Powys *1696–1697: John Blencowe *1697–1702: Henry Hatsel *1700–1702: Robert Tracy *1701–1716: Sir Thomas Bury later Chief Baron of the Exchequer *1702–1708: John Smith *1702–1726: Sir Robert Price *1702–1714: Sir William Bannister *1727–1736: Sir

John Comyns Sir John Comyns SL (c. 1667 – 1 November 1740), of Writtle in Essex, was an English judge and Member of Parliament. Early life He was born the eldest surviving son of William Comyns, barrister, of Lincoln's Inn and his wife Elizabeth, the da ...

*1714–1722:

Sir James Montagu Sir James Montagu SL KC (2 February 1666 – 1723), of the Middle Temple, London, was an English lawyer and Whig politician, who sat in the House of Commons at various times between 1695 and 1713. He became a judge and also served as Solicit ...

later Chief Baron of the Exchequer *1717–1718: Sir John Fortescue-Aland *1718–1726: Francis Page *1722–1725: Sir Jeffery Gilbert later Lord Chief Baron of the Exchequer *1725–1729:

Bernard Hale Sir Bernard Hale (1677–1729) was an English-born barrister and judge who became Chief Baron of the Irish Exchequer. Two of his sons became Generals in the British Army.Ball, F. Elrington ''The Judges in Ireland 1221–1921'' London John Murray 1 ...

*1726–1745: Sir Lawrence Carter *1726–1736:

*1729–1739:

Sir William Thomson William Thomson, 1st Baron Kelvin, (26 June 182417 December 1907) was a British mathematician, mathematical physicist and engineer born in Belfast. Professor of Natural Philosophy at the University of Glasgow for 53 years, he did importan ...

*1736–1738: William Fortescue *1738–1740: Sir Thomas Parker later Chief Baron of the Exchequer *1739–1740: Martin Wright *1740–1747:

James Reynolds James or Jim Reynolds may refer to: Arts and entertainment * James Reynolds (artist) (1891-1957), American writer, painter, illustrator, set designer and costume designer *James Reynolds (actor) (born 1946), American actor * James Reynolds (compose ...

*1740–1742: Thomas Abney *1742–1750:

Charles Clarke Charles Rodway Clarke (born 21 September 1950) is a British Labour Party politician, who was the Member of Parliament (MP) for Norwich South from 1997 until 2010, and served as Home Secretary from December 2004 until May 2006. Early life T ...

*1745–1753: Edward Clive *1747–1759: Heneage Legge *1750–1772: Sir Sydney Stafford Smythe *1753–: Richard Adams *1759–1761: Sir Richard Lloyd *1761–: Henry Gould *1763–: George Perrot *1772–1787: Sir James Eyre later Chief Baron *1774–1776: Sir John Burland *1775–1805:

Beaumont Hotham, 2nd Baron Hotham Beaumont Hotham, 2nd Baron Hotham (1737–1814) was an English judge and politician who sat in the House of Commons from 1768 to 1774. Life He was the fourth son of Sir Beaumont Hotham, 7th Baronet and his wife Frances Thompson of Welton, Yorks ...

*1776–1799: Richard Perryn *1787–1826:

Alexander Thomson Alexander "Greek" Thomson (9 April 1817 – 22 March 1875) was an eminent Scottish architect and architectural theorist who was a pioneer in sustainable building. Although his work was published in the architectural press of his day, it was l ...

*1799–1800: Alan Chambre *1800–1827:

Sir Robert Graham Sir Robert Graham of Kinpont (died 1437) was a Scottish landowner, and one of the key conspirators in the assassination of King James I of Scotland in 1437. Family Robert Graham was the third son of Patrick Graham of Kincardine. He attended the Un ...

*1805–1807: Thomas Manners-Sutton, 1st Baron Manners *1807–1823: George Wood *1814–1817: Sir Richard Richards later Chief Baron *1817–1832:

William Garrow Sir William Garrow (13 April 1760 – 24 September 1840) was an English barrister, politician and judge known for his indirect reform of the advocacy system, which helped usher in the adversarial court system used in most common law nations to ...

*1823–1829: John Hullock *1827–1834: John Vaughan *1829–1839:

William Bolland Sir William Bolland (1772–1840), lawyer and bibliophile, the eldest son of James Bolland, of Southwark, was educated at Reading School under Dr. Valpy, and admitted a pensioner at Trinity College, Cambridge on 26 September 1789, at the age of ...

*1830–1834: Sir John Bayley, 1st Baronet *1832–1845: Sir John Gurney *1834–1855: Sir James Parke *1834–1857: Sir Edward Alderson *Feb 1, 1839 – Nov 29, 1839:

William Henry Maule Sir William Henry Maule PC (25 April 1799 – 1858) was an English lawyer, Member of Parliament and judge. Life Maule was born in Edmonton, Middlesex. His father, Henry, was a physician and his mother, Hannah ''née'' Rawson, a Quaker. He was ...

*1839–1850: Sir Robert Monsey Rolfe *1845–1856: Sir Thomas Joshua Platt *1850–:

Sir Samuel Martin Sir Samuel Martin QC (1801 – 9 January 1883) was an Anglo-Irish politician and judge. Early life and education Martin was born in 1801, the son of Samuel Martin of Calmore, County Londonderry. He was educated at Trinity College Dublin, rec ...

*1856–1876: Sir George Bramwell *1856–1860: William Henry Watson *1857–1873: Sir William Fry Channell *1863–1875: Sir Gillery Pigott

Cursitor baron

* 1606–1610: Nowell Sotherton * 26 May 1610 – 18 July 1610: Thomas Caesar * 1610–1631: John Sotherton * 1631–1638: James Paget * 1638–: John William Page * 1638–1653; 1654–1685: William Barker of New Prison Walk and Hurst, Berkshire * 1640–1645; 1660–1663: Thomas Leeke * 1645–: Richard Tomlins * 1663–1683: Sir Clement Spelman * 1679–1683: Francis Crawley * 1683–1685: Richard May * 1685–1688: William Carr * 1689–1696: George Bradbury''Parliamentary History'': vol.v, 362. * 1696–1697: Richard Wallop * 1697–1726: William Simpson * 1726–1729: William Thomson * 1729–1735: John Birch * 1735–1740: George Clive * 1740–1744: William Kynaston * 1744–1755: Edward Barker * 1755–1773: John Tracy Atkins * 1773–1824: Francis Maseres * 1824–1852:

George Bankes George Bankes (1788–1856) was the last of the Cursitor Barons of the Exchequer, the office being abolished by Conservative ministry of the Earl of Derby in 1852. Without any legal experience at the bar, he was the last barrister to be appoin ...

References

{{English Exchequer * Exchequer offices

History

Puisne barons

Cursitor baron

See also

References