Sir Barnes Peacock (7 January 1805 – 3 December 1890) was an English barrister and judge who served as the first Chief Justice of the

Calcutta High Court The Calcutta High Court is the oldest High Court in India. It is located at Esplanade Row West, Calcutta (Kolkata), West Bengal. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands. T ...

in India and the final Chief Justice of the

Supreme Court of Judicature at Fort William Supreme may refer to: Entertainment * Supreme (character), a comic book superhero created by Rob Liefeld * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * ...

. Alongside

Lord Macaulay Thomas Babington Macaulay, 1st Baron Macaulay, (; 25 October 1800 – 28 December 1859) was an English historian, poet, and Whig politician, who served as the Secretary at War between 1839 and 1841, and as the Paymaster General between 184 ...

, he is credited with authoring the

Indian Penal Code The Indian Penal Code (IPC) was the official criminal code of the Republic of India, inherited from British India after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023 ...

. He is also noted for pointing out the flaw that invalidated Daniel O’Connell’s 1843 sentence.

Background and early career

Barnes Peacock was born on 7 January 1805 in

St Giles Saint Giles (, , , , ; 650 - 710), also known as Giles the Hermit, was a hermit or monk active in the lower Rhône most likely in the 7th century. Revered as a saint, his cult became widely diffused but his hagiography is mostly legendary. A ...

to Lewis Peacock and Elizabeth Peacock. His father was a solicitor and held the office of Messenger to the Great Seal. His grandfather, also called Lewis Peacock, had served as Mayor of Lowestoft. Peacock was admitted to 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 1828, and practised for several years as a

special pleader A special pleader was a historical legal occupation. The practitioner, or "special pleader" in English law specialised in drafting "pleadings", in modern terminology statements of case. History Up to the 19th century, there were many rules, tech ...

until he 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 1836, joining the Home Circuit. His speciality, owing to his training and physique, was in arguing refined points rather than imposing his will upon common juries. In 1843, famed Irish political campaigner

Daniel O'Connell Daniel(I) O’Connell (; 6 August 1775 – 15 May 1847), hailed in his time as The Liberator, was the acknowledged political leader of Ireland's Roman Catholic majority in the first half of the 19th century. His mobilisation of Catholic Irelan ...

held a major political rally Clontarf, Ireland in favour of Irish independence. At this rally, which the government had prohibited in order to prevent civil unrest, O'Connell was arrested and so he subsequently disbanded the rally. O'Connell was sentenced to a year’s imprisonment as well as being required to pay a fine of £2,000. In August 1844, he tried to appeal the case by way of writ of error to the House of Lords. Peacock, as well as other more senior counsel, were required to defend him in this appeal. Peacock, despite his junior standing, pointed out a flaw that, although technical, could not be refuted by those representing the case against O'Connell. This led the House to revert the original decision and O'Connell was released from custody. Following this success, from which Peacock’s subsequent fame and distinction is thought to have arisen, he practised on the back benches until he

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

on 28 February 1850. 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 c ...

of the

that same year. Peacock had a number of pupils, including George Jessel,

George Denman George Denman (23 December 1819 – 21 September 1896) was an English barrister, High Court judge, and Liberal politician. Early life Denman was born at 50 Russell Square, London, the fourth son of Thomas Denman, 1st Baron Denman, of Do ...

, and

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British India

In 1852, Peacock travelled to

Calcutta Kolkata, also known as Calcutta (List of renamed places in India#West Bengal, its official name until 2001), is the capital and largest city of the Indian States and union territories of India, state of West Bengal. It lies on the eastern ba ...

, which was at that point the capital of

British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance in South Asia. Collectively, they have been called British India. In one form or another ...

, upon being appointed Legal Member of the Supreme Council to the

Governor-General of India The governor-general of India (1833 to 1950, from 1858 to 1947 the viceroy and governor-general of India, commonly shortened to viceroy of India) was the representative of the monarch of the United Kingdom in their capacity as the emperor o ...

. In this capacity he served under the Marquess of Dalhousie until 1856 and from then under

Lord Canning Charles John Canning, 1st Earl Canning (14 December 1812 – 17 June 1862), also known as the Viscount Canning and Clemency Canning, was a British politician and Governor-General of India during the Indian Rebellion of 1857 and the first ...

. Under Lord Dalhousie, Peacock supported the annexation of

Oudh The Kingdom of Awadh (, , also Oudh State, Kingdom of Oudh, Awadh Subah, or Awadh State) was a Mughal subah, then an independent kingdom, and lastly a British protectorate in the Awadh region of North India until its annexation by the Br ...

in 1856 through the Doctrine of lapse. He similarly supported Canning throughout the

Indian Mutiny The Indian Rebellion of 1857 was a major uprising in India in 1857–58 against the rule of the British East India Company, which functioned as a sovereign power on behalf of the British Crown. The rebellion began on 10 May 1857 in the form ...

. The

Legislative Council A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the Brit ...

was established soon after his arrival, although he was so frequent a speaker that legislation that made councillors deliver their speeches sitting was said to have been devised with the sole purpose of restraining him. As a legal member of the Council of India, Peacock was mostly concerned with codification of Common Law in India and the establishment of the

. He left this role in April 1859. In 1859, Sir James Colvile stood down as Chief Justice of the

. Peacock succeeded him in this role and was simultaneously made Vice-President of the Legislative Council of India, as well as receiving a knighthood. In 1862, the Indian judicial institutions were remodelled and Peacock’s position was replaced by the Chief Justice of the High Court at Calcutta, a role he assumed on 1 July.

Return from India, Privy Council, and death

In 1870, Peacock returned to England from India for the last time with a “good and deserved” reputation. From 1872 until his death he was a paid member of the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...

. In this role his work was marked with caution, rather than brashness. Amongst other cases he would deliver judgement on Hodge v The Queen, La Banque d'Hochelaga and another v. Murray and others, Peacock passed away from heart failure on 3 December 1890, at the age of 85 in his home at 40 Cornwall Gardens in

South Kensington South Kensington is a district at the West End of Central London in the Royal Borough of Kensington and Chelsea. Historically it settled on part of the scattered Middlesex village of Brompton. Its name was supplanted with the advent of the ra ...

. His Personal Estate at the time of his death was worth £23,325 (£3,756,216 when adjusted for inflation in 2024). He was buried in the terrace catacombs on the west side of

Highgate Cemetery Highgate Cemetery is a place of burial in North London, England, designed by architect Stephen Geary. There are approximately 170,000 people buried in around 53,000 graves across the West and East sides. Highgate Cemetery is notable both for so ...

Personal life

Peacock married Elizabeth Mary Fanning, the daughter of William Fanning, in 1834. The couple had eight children together. Elizabeth died aged 49 in 1865 and was buried in

Monghyr Munger, formerly spelt as Monghyr, is a twin city and a Municipal Corporation situated in the Indian state of Bihar. It is the administrative headquarters of Munger district and Munger Division. Munger was one of the major cities in Eastern ...

Bengal Bengal ( ) is a Historical geography, historical geographical, ethnolinguistic and cultural term referring to a region in the Eastern South Asia, eastern part of the Indian subcontinent at the apex of the Bay of Bengal. The region of Benga ...

India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...

. Many of their children decided to follow him into the Indian civil service and legal system. His eldest son of the first marriage was Frederick Barnes Peacock, CSI. He secondly married Georgina Showers, the daughter of Major-General St. George Showers. They married at Calcutta in 1870 and remained so until his death. They had two children, Sir Walter Peacock, an advisor to the

Prince of Wales Prince of Wales (, ; ) is a title traditionally given to the male heir apparent to the History of the English monarchy, English, and later, the British throne. The title originated with the Welsh rulers of Kingdom of Gwynedd, Gwynedd who, from ...

, and Herbert St. George Peacock, a judge of the

Sudan Sudan, officially the Republic of the Sudan, is a country in Northeast Africa. It borders the Central African Republic to the southwest, Chad to the west, Libya to the northwest, Egypt to the north, the Red Sea to the east, Eritrea and Ethiopi ...

High Court.

References

External links

Brief History of the Calcutta High Court
{{DEFAULTSORT:Peacock, Barnes, Sir 1805 births 1890 deaths 19th-century English judges British India judges Burials at Highgate Cemetery Chief justices of the Calcutta High Court English King's Counsel Knights Bachelor Members of the Council of the Governor General of India Members of the Inner Temple Members of the Judicial Committee of the Privy Council Members of the Privy Council of the United Kingdom