John Smith (1657–1726) was an English barrister and judge.

Life

The son of Roger Smith of Frolesworth, Leicestershire, he was born on 6 January 1657, and matriculated at

Lincoln College, Oxford Lincoln College (formally, The College of the Blessed Mary and All Saints, Lincoln) is one of the constituent colleges of the University of Oxford, situated on Turl Street in central Oxford. Lincoln was founded in 1427 by Richard Fleming, t ...

, on 12 September 1676, at the age of 19. He entered Gray's Inn on 1 June 1678, was called to the bar on 2 May 1684, and, having been made

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 w ...

on 30 October 1700, was appointed a justice of the Court of Common Pleas in Ireland on 24 December 1700. He was transferred to be a Baron of the Court of Exchequer in England on 24 June 1702. In the leading case

Ashby v. White ''Ashby v White'' (170392 ER 126 is a foundational case in UK constitutional law and English tort law. It concerns the right to vote and misfeasance of a public officer. Lord Holt laid down the important principle that where there is injury in ...

(1703), arising out of the election, Smith gave his decision in opposition to the judgment of the majority of the court of queen's bench, and concurred in the view expressed by Lord-chief-justice

Sir John Holt Sir John Holt (23 December 1642 – 5 March 1710) was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in Eng ...

. It was in favour of the plaintiff Ashby whose vote the returning officer, White (the defendant), had declined to record. On appeal to the House of Lords, the judgment was reversed, and the opinion of Holt and Smith was confirmed. In May 1708 Smith was selected to settle the Court of Exchequer in Scotland, after the

union with England The Treaty of Union is the name usually now given to the treaty which led to the creation of the new state of Great Britain, stating that the Kingdom of England (which already included Wales) and the Kingdom of Scotland were to be "United i ...

, and for that purpose was made Lord Chief Baron of the Exchequer in Scotland; he kept (though another baron was appointed) his place in the English court, and receiving £500 a year in addition to his salary. He was re-sworn on the accession of George I as a baron of the English exchequer, although he performed none of the duties, and enjoyed both his English and his Scottish offices until his death on 24 June 1726, at the age of 69.

Legacy

Smith was a benefactor of his native village of Frolesworth. By his will, he founded and endowed a hospital for fourteen poor widows of the communion of the church of England, who were each to have £12 a year and a separate house.

Notes

Attribution {{DEFAULTSORT:Smith, John 1657 births 1726 deaths English barristers Serjeants-at-law (England) 18th-century English judges