John Bankes (judge)
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Sir John Bankes (1589 – 28 December 1644) was an English lawyer and politician who sat in the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
between 1624 and 1629. He was
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
and Chief Justice to
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during the
English Civil War The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...
.
Corfe Castle Corfe Castle is a fortification standing above the Corfe Castle (village), village of the same name on the Isle of Purbeck peninsula in the English county of Dorset. Built by William the Conqueror, the castle dates to the 11th century and ...
, his family seat was destroyed during a long siege, in which his wife Mary Hawtrey became known as Brave Dame Mary.


Early life

Bankes was of the
Bankes family The Bankes family were prominent landed gentry in Dorset, England, for over 400 years. They owned large portions of land throughout Dorset and made significant contributions to the political history and development of the country. Buildings T ...
of Keswick,
Cumberland Cumberland ( ) is an area of North West England which was historically a county. The county was bordered by Northumberland to the north-east, County Durham to the east, Westmorland to the south-east, Lancashire to the south, and the Scottish ...
. He matriculated at
Queen's College, Oxford The Queen's College is a constituent college of the University of Oxford, England. The college was founded in 1341 by Robert de Eglesfield in honour of Philippa of Hainault, queen of England. It is distinguished by its predominantly neoclassi ...
on 22 February 1605 aged 15. He entered
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...
, where he was called to the bar in 1614. 'Alumni Oxonienses, 1500-1714: Baal-Barrow', Alumni Oxonienses 1500-1714: Abannan-Kyte (1891), pp. 51-78. Date accessed: 15 March 2012
/ref> In about 1618 he married Mary Hawtrey, by whom he had eleven children, four sons and seven daughters. In 1624, he was elected Member of Parliament for
Wootton Bassett Royal Wootton Bassett , formerly Wootton Bassett, is a market town and civil parish in Wiltshire, England, with a population of 13,570 at the 2021 Census. In the north of the county, it lies to the west of the town of Swindon and northeast of ...
. He was elected MP for Morpeth in 1626 and in 1628 and sat until 1629 when King Charles decided to rule without parliament for eleven years. He was a major participant in the legal debates surrounding the 1628
Petition of Right The Petition of Right, passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689. It was part of a wider ...
, especially concerning martial law for the trial and punishment of those engaged in rebellion. In 1630, Bankes was Lent Reader of Gray's Inn and was treasurer to the Inn from 1631 to 1635. He was knighted at St James on 5 June 1631. He was also appointed attorney to
Prince Charles Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. Charles was born at Buckingham Palace during the reign of his maternal grandfather, King George VI, and ...
. In September 1634 he became attorney-general to the king, holding this position during the litigation of
John Hampden John Hampden (24 June 1643) was an English politician from Oxfordshire, who was killed fighting for Roundhead, Parliament in the First English Civil War. An ally of Parliamentarian leader John Pym, and a cousin of Oliver Cromwell, he was one of ...
's famous cause of
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; and his argument upon that question is still extant. He was also counsel for
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in 1634–35.


Corfe Castle

Bankes purchased
Corfe Castle Corfe Castle is a fortification standing above the Corfe Castle (village), village of the same name on the Isle of Purbeck peninsula in the English county of Dorset. Built by William the Conqueror, the castle dates to the 11th century and ...
with all its manors, rights, and privileges in 1635 from Lady
Elizabeth Coke Elizabeth, Lady Coke (née Cecil; 1578 – 3 January 1646), was an English court office holder. She served as lady-in-waiting to the queen consort of England, Anne of Denmark. She was the daughter of Thomas Cecil, 1st Earl of Exeter, and Dorothy ...
(née Hatton), widow of
Sir Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan and Jacobean eras. Born into an upper-class family, Coke was ...
, who had died in 1634. Bankes's ancestors had for many generations held property in and near Keswick in
Cumberland Cumberland ( ) is an area of North West England which was historically a county. The county was bordered by Northumberland to the north-east, County Durham to the east, Westmorland to the south-east, Lancashire to the south, and the Scottish ...
. The Title deeds and grants from the Crown of the black lead mine at Borrowdale date back as far as Henry VI. and
Edward IV Edward IV (28 April 1442 â€“ 9 April 1483) was King of England from 4 March 1461 to 3 October 1470, then again from 11 April 1471 until his death in 1483. He was a central figure in the Wars of the Roses, a series of civil wars in England ...
and were again renewed under the seal of
James I James I may refer to: People *James I of Aragon (1208–1276) * James I of Sicily or James II of Aragon (1267–1327) * James I, Count of La Marche (1319–1362), Count of Ponthieu * James I, Count of Urgell (1321–1347) *James I of Cyprus (1334†...
.


Lord Chief Justice and death

In January 1640 he was made
Chief Justice of the Common Pleas The chief justice of the common pleas was the head of the Court of Common Pleas, also known as the Common Bench, which was the second-highest common law Common law (also known as judicial precedent, judge-made law, or case law) is the body ...
. Afterwards he followed the king from Westminster to
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; having left his wife,
Mary Bankes Mary, Lady Bankes (' Hawtry; c. 1598 – 11 April 1661) was a Royalist who defended Corfe Castle from a three-year siege during the English Civil War from 1643 to 1645. She was married to Sir John Bankes, Lord Chief Justice of the Common Pleas ...
, to defend Corfe Castle, which she did with great courage until it was betrayed into the hands of the rebels. His name is signed to the engagement with the lords at York, in June 1642. In the same year, he was sworn of the privy council, and the degree of LL.D. conferred upon him at
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, where he died on 28 December 1644, aged 55, and was buried in the Cathedral of Christ Church, where there is a monument to his memory. In 1644, he was at first mentioned in the list of those persons meant to be excepted out of the general pardon; his name was afterwards struck out of that list, but he was notwithstanding impeached of high treason. His estates and property however passed to his eldest son Sir
Ralph Bankes Sir Ralph Bankes (1631–1677) was a courtier of the restored Charles II of England, Charles II and a knighted member of the Privy Chamber. He was the builder of Kingston Lacy, the restored seat of the Bankes family, designed by architect Roger ...
, who became an MP and built the estate of
Kingston Lacy Kingston Lacy is a country house and estate near Wimborne Minster, Dorset, England. It was for many years the family seat of the Bankes family who lived nearby at Corfe Castle until its destruction in the English Civil War after its incumbent ...
.


Legacy

A Wetherspoon pub in
Keswick, Cumbria Keswick ( ) is a market town and civil parishes in England, civil parish in the Cumberland (unitary authority), Cumberland unitary authority area of Cumbria, England. It lies within the Lake District National Park, just north of Derwentwater an ...
is named "The Chief Justice of the Common Pleas", this is due to the current building constructed in 1901 been built on land which was formally the site of a ‘workhouse’ - founded in Sir John Bankes will (dated 1642). The current building which housed the towns magistrates’ court and police station until the year 2000, was built next to the towns main post office itself constructed ten years earlier around 1890.


References


External links


The Bankes of Kingston Lacy and Corfe Castle Archive at Dorset History Centre
{{DEFAULTSORT:Bankes, John 1589 births 1644 deaths 17th-century English judges
John John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second E ...
Burials at Christ Church Cathedral, Oxford Chief justices of the common pleas English MPs 1624–1625 English MPs 1626 English MPs 1628–1629 Members of Gray's Inn