John Wilde (jurist)
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John Wilde (or Wylde;monumental inscriptions, church of St Peter de Witton Droitwich 1590–1669) was an English lawyer and politician. As a
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 writ ...
he was referred to as Serjeant Wilde before he was appointed judge. He was a judge,
chief baron of the exchequer 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 pre ...
, and member of the
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
of the Commonwealth period.


Early life

He was the son and heir of George Wylde of Worcester, The Harriots Droitwich and Kempsey, Worcestershire,
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 writ ...
, who also represented
Droitwich Droitwich Spa (often abbreviated to Droitwich ) is an historic spa town in the Wychavon district in northern Worcestershire, England, on the River Salwarpe. It is located approximately south-west of Birmingham and north-east of Worcester. The ...
in parliament, by his wife Frances, daughter of Sir Edmund Huddleston of
Sawston Sawston is a large village in Cambridgeshire in England, situated on the River Cam about south of Cambridge. It has a population of 7,260. History Prehistory Although the current village of Sawston has only existed as anything more than a ha ...
, Cambridgeshire. He matriculated from
Balliol College, Oxford Balliol College () is one of the constituent colleges of the University of Oxford in England. One of Oxford's oldest colleges, it was founded around 1263 by John I de Balliol, a landowner from Barnard Castle in County Durham, who provided the f ...
, on 18 January 1605, aged 14, and graduated
B.A. Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four yea ...
on 20 October 1607 and
M.A. A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...
on 4 July 1610. Wilde became a student of the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and Wal ...
in about November 1602, and was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
in 1612. He was elected a
bencher A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher can ...
in 1628, and created a serjeant-at-law in 1636. He was appointed under-steward of
Kidderminster Kidderminster is a large market and historic minster town and civil parish in Worcestershire, England, south-west of Birmingham and north of Worcester. Located north of the River Stour and east of the River Severn, in the 2011 census, it had ...
by the new charter for that borough on 4 August 1636. He served for Droitwich in the parliaments of 1620–22, 1624, 1625, 1626, 1628–29, and March to May 1640. In the parliament of 1626 he took part in the debate against
George Villiers, 1st Duke of Buckingham George Villiers, 1st Duke of Buckingham, 28 August 1592 – 23 August 1628), was an English courtier, statesman, and patron of the arts. He was a favourite and possibly also a lover of King James I of England. Buckingham remained at the ...
, when he argued from
Bracton Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus ...
that common fame was a sufficient ground for accusation.


Member of the Long Parliament

On 21 October 1640 Wilde was returned as one of the
knights of the shire Knight of the shire ( la, milites comitatus) was the formal title for a member of parliament (MP) representing a county constituency in the British House of Commons, from its origins in the medieval Parliament of England until the Redistribution ...
for
Worcestershire Worcestershire ( , ; written abbreviation: Worcs) is a county in the West Midlands of England. The area that is now Worcestershire was absorbed into the unified Kingdom of England in 927, at which time it was constituted as a county (see His ...
to the
Long Parliament The Long Parliament was an English Parliament which lasted from 1640 until 1660. It followed the fiasco of the Short Parliament, which had convened for only three weeks during the spring of 1640 after an 11-year parliamentary absence. In Septem ...
. He was chairman of the committee appointed to prepare the impeachment against the thirteen bishops concerned in making the new canons, which on 3 August 1641 he presented to the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
. In December he presided over a committee of inquiry as to a plot to bring in the army to overawe the parliament, and on 6 January 1642 he was chairman of the committee of the house appointed to sit in the
Guildhall, London Guildhall is a municipal building in the Moorgate area of the City of London, England. It is off Gresham and Basinghall streets, in the wards of Bassishaw and Cheap. The building has been used as a town hall for several hundred years, and is ...
, to consider the safety of the kingdom and city, and the preservation of the privileges of parliament, which were threatened by the seizure of the members' papers and the king's demand for the arrest of the
five members The Five Members were Members of Parliament whom King Charles I attempted to arrest on 4 January 1642. King Charles I entered the English House of Commons, accompanied by armed soldiers, during a sitting of the Long Parliament, although the Fi ...
. The same month he reported a conference with the lords respecting the action of the attorney-general, Sir Edward Herbert, and conducted the impeachment of Herbert which was ordered by the Commons. On the outbreak of the
First English Civil War The First English Civil War took place in England and Wales from 1642 to 1646, and forms part of the 1639 to 1653 Wars of the Three Kingdoms. They include the Bishops' Wars, the Irish Confederate Wars, the Second English Civil War, the Anglo ...
, the Commons recommended him for appointment as a deputy-lieutenant of Worcestershire on 18 March 1642, and he was made a sequestration commissioner for that county in April 1643. In February 1643 he was recommended for the post of chief baron of the exchequer in the unsuccessful propositions made by the Commons to the king. He was one of the twenty members of parliament who were lay members of the
Westminster Assembly The Westminster Assembly of Divines was a council of Divinity (academic discipline), divines (theologians) and members of the English Parliament appointed from 1643 to 1653 to restructure the Church of England. Several Scots also attended, and ...
which met on 1 July 1643. Parliament, at Wilde's suggestion, ordered a new
Great Seal of the Realm The Great Seal of the Realm or Great Seal of the United Kingdom (known prior to the Treaty of Union of 1707 as the Great Seal of England; and from then until the Union of 1801 as the Great Seal of Great Britain) is a seal that is used to sym ...
in the place of that which
Edward Littleton, 1st Baron Lyttleton of Mounslow Edward Littleton, 1st Baron Lyttleton (also Littelton) (158927 August 1645), from Munslow in Shropshire, was a Chief Justice of North Wales. He was descended from the judge and legal scholar, Thomas de Littleton. His father, also Edward, had be ...
had carried to the king. It was resolved to entrust the new seal to six commissioners, comprising two lords and four commoners, and on 10 November 1643 Wilde was elected as one of the latter. By successive votes these commissioners, notwithstanding the
self-denying ordinance The Self-denying Ordinance was passed by the English Parliament on 3 April 1645. All members of the House of Commons or Lords who were also officers in the Parliamentary army or navy were required to resign one or the other, within 40 days fro ...
, retained the custody of the seal for three years, when on 30 October 1646 they surrendered it to the speakers of the two houses. Wilde was one of the managers on the part of the Commons (where he still kept his seat) in the
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
of Archbishop
William Laud William Laud (; 7 October 1573 – 10 January 1645) was a bishop in the Church of England. Appointed Archbishop of Canterbury by Charles I in 1633, Laud was a key advocate of Charles I's religious reforms, he was arrested by Parliament in 1640 ...
, whose trial commenced on 12 March 1644. He served on most of the principal committees of the Long parliament. He was made
recorder Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a news ...
of Worcester in July 1646. The Commons ordered him and others to hold
assizes The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
in the counties of Gloucester, Monmouth, and Hereford. Subsequently, he was ordered to go the Oxfordshire and Hampshire circuits. As judge of assize he condemned Captain John Burley to be hanged at
Winchester Winchester is a City status in the United Kingdom, cathedral city in Hampshire, England. The city lies at the heart of the wider City of Winchester, a local government Districts of England, district, at the western end of the South Downs Nation ...
for causing a drum to be beaten for 'God and King Charles' at
Newport, Isle of Wight Newport is the county town of the Isle of Wight, an island county off the south coast of England. The town is slightly north of the centre of the island, and is in the civil parish of Newport and Carisbrooke. It has a quay at the head of the na ...
, to rescue the captive king, while he directed the grand jury to ignore the bill of indictment against Major Edmund Rolph for plotting to murder the king. On 12 October 1646 Parliament filled the vacancies on the judicial bench, and they appointed him chief baron of the exchequer, replacing Sir Richard Lane, who had been appointed by the King. Wilde retained this position in 1649 when the king was beheaded; but though nominated by parliament a member of the high court of justice for the trial of the king on 1 January 1649, he, like the other judges, took care not to attend any of its meetings, and his excuses were allowed. He took the new oaths of office under the Commonwealth, and was elected a member of the first
council of state A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
on 14 February. He was placed upon numerous committees, and was re-elected on 12 February 1650 to the second council of state, which lasted until 15 February 1651. He was one of the militia commissioners for Worcestershire on 25 September 1651.


Protectorate

When
Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three Ki ...
assumed the position of
lord protector Lord Protector (plural: ''Lords Protector'') was a title that has been used in British constitutional law for the head of state. It was also a particular title for the British heads of state in respect to the established church. It was sometimes ...
in December 1653, he replaced Wilde with William Steele as chief baron.(Hardres, ''Reports''). Wilde keenly felt this slight. He remained out of judicial employment during the remainder of Oliver Cromwell's life, and it is probable that he retired to his Worcestershire estate. He acted as
justice of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
, and was made a commissioner for raising the assessment in the county in 1656. In Richard Cromwell's parliament, which lasted from January to April 1659, Wilde again served as member for Droitwich, and there presented a petition praying a restoration to his former office as chief baron, and for payment of the arrears due to him for his salary. The former was refused, but the latter was granted.


Second Commonwealth

On the return of the Rump parliament, on 7 May 1659, Wilde resumed his place as a member, and on 16 June following the house ordered that Wilde and other justices go the circuit. He was restored by parliament to his former post of chief baron on 17 January 1660. He assisted the lords in several committees of the Convention Parliament and escaped further question. cites:Whitelocke, Memorials, ed. Henry Reeve, p. 673.


Restoration

When King Charles returned in May, he appointed Sir Orlando Bridgeman in his place as chief baron, but in consequence of his having assisted the lords in several committees of the Convention parliament, Wilde escaped further question, and, was not excluded from the general pardon in the Act of Indemnity. Aged 70 he retired to his house at Hampstead, where he died in 1669.


Assessment

Wilde's character has been variously judged; Sir Bulstrode Whitelocke (a
Roundhead Roundheads were the supporters of the Parliament of England during the English Civil War (1642–1651). Also known as Parliamentarians, they fought against King Charles I of England and his supporters, known as the Cavaliers or Royalists, who ...
), describes him as learned in his profession, but of more reading than depth of judgement, and as executing his office with diligence and justice. The
Earl of Clarendon Earl of Clarendon is a title that has been created twice in British history, in 1661 and 1776. The family seat is Holywell House, near Swanmore, Hampshire. First creation of the title The title was created for the first time in the Peera ...
(a
Cavalier The term Cavalier () was first used by Roundheads as a term of abuse for the wealthier royalist supporters of King Charles I and his son Charles II of England during the English Civil War, the Interregnum, and the Restoration (1642 – ). It ...
) calls him an infamous judge, and John Burton speaks of his tiresome speeches.


Family

Wilde married Anne, eldest daughter and coheir of
Sir Thomas Harries, 1st Baronet Sir Thomas Harries or Harris, 1st Baronet (1550 - 18 February 1628) was an English lawyer. Harries was born in 1550, the eldest of four sons of John Harries, of Cruckton in Shropshire. His mother was Eleanor, daughter of Thomas Prowde of Sutton ...
, M.P., serjeant-at-law, of
Tong Castle Tong Castle was a very large mostly Gothic country house in Shropshire whose site is between Wolverhampton and Telford, set within a park landscaped by Capability Brown,Wolverhampton's Listed Buildings on the site of a medieval castle of the s ...
, Shropshire. who died in 1624 aged 16 at the birth of their only child. There is no record of a subsequent marriage. He died aged about 79 at his house in Hampstead and was buried at Wherwell Priory, Hampshire, then the seat of
Charles West, 5th Baron De La Warr Charles West, 5th Baron De La Warr (February 1626 – 22 December 1687) was an English nobleman. He is alternatively described as the 14th Baron de la Warr and as Baron Delaware. He was born in February 1626, the son of Henry West, 4th Baron De L ...
who had married Wilde's only child and heiress, Anne.


Notes


References

* * * ;Attribution *


External links


John Wylde ''The History of Parliament online''
, - {{DEFAULTSORT:Wilde, John 1590 births 1669 deaths Alumni of Balliol College, Oxford Members of the Inner Temple Lawyers from the Kingdom of England Chief Barons of the Exchequer Members of the Parliament of England for Droitwich Members of the Parliament of England for Worcestershire Lay members of the Westminster Assembly English MPs 1621–1622 English MPs 1624–1625 English MPs 1625 English MPs 1626 English MPs 1628–1629 English MPs 1640 (April) English MPs 1640–1648 English MPs 1659 Serjeants-at-law (England)