James Parke, 1st Baron Wensleydale PC (22 March 1782 – 25 February 1868) was a British barrister and judge. After an education at

The King's School, Macclesfield The King's School, Macclesfield, is an all through co-educational private day school in Prestbury, Cheshire, England, and a member of the Headmasters' and Headmistresses' Conference. It was founded in 1502 by Sir John Percyvale, a former Lo ...

and

Trinity College, Cambridge Trinity College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any ...

he studied under a special pleader, before being

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 ...

by 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 association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...

in 1813. Although not a particularly distinguished barrister, he was appointed to the

Court of King's Bench The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initi ...

on 28 November 1828, made a

Privy Counsellor The Privy Council, formally His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its members, known as privy counsellors, are mainly senior politicians who are current or former ...

in 1833 and, a year later, a Baron of the Exchequer. He resigned his post in 1855, angered by the passing of the Common Law Procedure Acts, but was recalled by the government, who gave him a peerage as Baron Wensleydale of Walton to allow him to undertake the

judicial functions of the House of Lords Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for Impeachm ...

, a role he fulfilled until his death on 25 February 1868.

Early life and education

Parke was born on 22 March 1782 in Highfield, near

Liverpool Liverpool is a port City status in the United Kingdom, city and metropolitan borough in Merseyside, England. It is situated on the eastern side of the River Mersey, Mersey Estuary, near the Irish Sea, north-west of London. With a population ...

, to Thomas Parke, a merchant, and his wife Anne. He studied at

before matriculating to

on 28 February 1799, where he won the Craven scholarship, Sir William Browne's gold medal, and was fifth wrangler and senior chancellor's medallist in classics. He gained a

Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...

in 1802 and a

Master of Arts A Master of Arts ( or ''Artium Magister''; abbreviated MA or AM) 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. Those admitted to the degree have ...

in 1804. Although admitted to

Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...

on 10 May 1803, he transferred to the

on 22 April 1812, and after studying with a special pleader was

in 1813.

Career

Parke's early career as a

barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...

was not noted as particularly brilliant, but he was successful; in 1820, for example, he was junior counsel for the

Pains and Penalties Bill 1820 The Pains and Penalties Bill 1820 was a bill introduced to the British Parliament in 1820, at the request of King George IV, which aimed to dissolve his marriage to Caroline of Brunswick, and deprive her of the title of queen. George and Caroline ...

against

Caroline of Brunswick Caroline of Brunswick-Wolfenbüttel (Caroline Amelia Elizabeth; 17 May 1768 – 7 August 1821) was List of British royal consorts, Queen of the United Kingdom of Great Britain and Ireland and Queen of Hanover from 29 January 1820 until her ...

. On 28 November 1828 he succeeded Sir George Holroyd as a judge of the

, a great achievement for somebody who had not even qualified as a

King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

, and he was

knighted A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...

on 1 December 1828. In 1833 he was made a Privy Councillor, and on 29 April 1834 was transferred, along with Edward Hall Alderson, to the Court of Exchequer, succeeding and being succeeded as a judge of the

John Williams John Towner Williams (born February 8, 1932)Nylund, Rob (November 15, 2022)Classic Connection review, ''WBOI'' ("For the second time this year, the Fort Wayne Philharmonic honored American composer, conductor, and arranger John Williams, who w ...

. Parke's work in the Court of Exchequer has led to him being called "one of the greatest of English judges; had he comprehended the principles of equity as fully as he did the principles of the common law, he might fairly be called the greatest. His mental power, his ability to grasp difficult points, to disentangle complicated facts, and to state the law clearly, have seldom been surpassed. No judgments delivered during this period are of greater service to the student of law than his". He was criticised for being too respectful of authority and unwilling to overturn precedent; John Coleridge accused him of being dedicated to the form of the law rather than the substance. In 1854, Parke was appointed to the Royal Commission for Consolidating the Statute Law, a

royal commission A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equi ...

to consolidate existing statutes and enactments of

English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...

. The Common Law Procedure Act 1854 and Common Law Procedure Act 1855 led to his resignation from the Exchequer in disgust, but his reputation was such that the government recalled him by granting him a life peerage, that of Baron Wensleydale, of Wensleydale, in the

North Riding of Yorkshire The North Riding of Yorkshire was a subdivision of Yorkshire, England, alongside York, the East Riding and West Riding. The riding's highest point was at Mickle Fell at . From the Restoration it was used as a lieutenancy area, having b ...

on 16 January 1856. There was a question at the time of whether the

letters patent Letters patent (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granti ...

, which granted him a peerage "

for the term of his natural life ''For the Term of His Natural Life'' is a story written by Marcus Clarke and published in ''The Australian Journal'' between 1870 and 1872 (as ''His Natural Life''). It was published as a novel in 1874 and is the best known novelisation of life ...

", allowed him to sit in the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

; it was eventually decided that they did not, and a second set was issued with the usual form for Baron Wensleydale, of Walton, in the

County Palatine of Lancaster Lancashire ( , ; abbreviated ''Lancs'') is a ceremonial county in North West England. It is bordered by Cumbria to the north, North Yorkshire and West Yorkshire to the east, Greater Manchester and Merseyside to the south, and the Irish Sea to ...

on 23 July 1856. This was irrelevant, since he had no sons able to take the peerage even if it was not a life appointment. He sat as part of the

Appellate Committee of the House of Lords In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying an ...

until his death on 25 February 1868.

Personal life

In 1817 he married Cecilia, the daughter of Samuel F. Barlow of Middlethorpe, Yorkshire. They had three children who survived childhood, all daughters: *Mary Parke (died 26 August 1843), an accomplished artist, married Charles Howard, a son of George Howard, 6th Earl of Carlisle, and was the mother of the painter and arts patron George Howard, 9th Earl of Carlisle. *Cecilia Anne Parke (died 20 April 1845), married Sir Matthew Ridley, 4th Baronet, and was the mother of Matthew Ridley, 5th Bnt (who was created Viscount Ridley and Baron Wensleydale in 1900). *Charlotte Alice Parke (died 5 January 1908), married William Lowther, a grandson of William Lowther, 1st Earl of Lonsdale.

Arms

References

Bibliography