John Wilde (judge)
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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 he was referred to as Serjeant Wilde before he was appointed
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
. 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 pres ...
, 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 ...
of the Commonwealth period.


Early life

He was the son and heir of George Wylde of
Worcester Worcester may refer to: Places United Kingdom * Worcester, England, a city and the county town of Worcestershire in England ** Worcester (UK Parliament constituency), an area represented by a Member of Parliament * Worcester Park, London, Engl ...
, The Harriots,
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. ...
, and Kempsey, Worcestershire, serjeant-at-law, 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. ...
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 with a population of 7,271. The village has historical roots dating back to medieval times and has landmarks such as Sawston Hall, a ...
,
Cambridgeshire Cambridgeshire (abbreviated Cambs.) is a Ceremonial counties of England, ceremonial county in the East of England and East Anglia. It is bordered by Lincolnshire to the north, Norfolk to the north-east, Suffolk to the east, Essex and Hertfor ...
. He matriculated from
Balliol College, Oxford Balliol College () is a constituent college of the University of Oxford. Founded in 1263 by nobleman John I de Balliol, it has a claim to be the oldest college in Oxford and the English-speaking world. With a governing body of a master and aro ...
, on 18 January 1605, aged 14, and graduated
B.A. 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 degree ...
on 20 October 1607 and M.A. 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 association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...
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 c ...
in 1628, and created a serjeant-at-law in 1636. He was appointed under-steward of
Kidderminster Kidderminster is a market town and civil parish in Worcestershire, England, south-west of Birmingham and north of Worcester, England, Worcester. Located north of the River Stour, Worcestershire, River Stour and east of the River Severn, in th ...
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 ( ; 20 August 1592 – 23 August 1628), was an English courtier, statesman, and patron of the arts. He was a favourite and self-described "lover" of King James VI and I. Buckingham remained at the heigh ...
, when he argued from
Bracton Henry of Bracton (c. 1210 – c. 1268), also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English people, English Catholic priest, cleric and jurist. He is famous now for his writings on law, particular ...
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 () 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 of Seats Act 1885 en ...
for
Worcestershire Worcestershire ( , ; written abbreviation: Worcs) is a Ceremonial counties of England, ceremonial county in the West Midlands (region), West Midlands of England. It is bordered by Shropshire, Staffordshire, and the West Midlands (county), West ...
to the
Long Parliament The Long Parliament was an Parliament of England, English Parliament which lasted from 1640 until 1660, making it the longest-lasting Parliament in English and British history. It followed the fiasco of the Short Parliament, which had convened f ...
. 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 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 ...
. 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 City of London, England. It is off Gresham and Basinghall streets, in the wards of Bassishaw and Cheap. The current building dates from the 15th century; however documentary evidence suggests that a ...
, 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 ...
. 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. An estimated 15% to 20% of adult males in England and Wales served in the military at some point b ...
, 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 is a seal that is used in the United Kingdom to symbolise the sovereign's approval of state documents. It is also known as the Great Seal of the United Kingdom (known prior to the Treaty of Union of 1707 as the Gr ...
in the place of that which Edward Littleton, 1st Baron Lyttleton of Mounslow 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 Parliament of England, 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 ot ...
, 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 a 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 Eur ...
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 of England, Charles I in 1633, Laud was a key advocate of Caroline era#Religion, Charles I's religious re ...
, whose trial commenced on 12 March 1644. He served on most of the principal committees of the Long parliament. He was made recorder of Worcester in July 1646. The Commons ordered him and others to hold
assizes The assizes (), or courts of assize, 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 ex ...
in the counties of
Gloucester Gloucester ( ) is a cathedral city, non-metropolitan district and the county town of Gloucestershire in the South West England, South West of England. Gloucester lies on the River Severn, between the Cotswolds to the east and the Forest of Dean ...
,
Monmouth Monmouth ( or ; ) is a market town and community (Wales), community in Monmouthshire, Wales, situated on where the River Monnow joins the River Wye, from the Wales–England border. The population in the 2011 census was 10,508, rising from 8 ...
, and
Hereford Hereford ( ) is a cathedral city and the county town of the ceremonial county of Herefordshire, England. It is on the banks of the River Wye and lies east of the border with Wales, north-west of Gloucester and south-west of Worcester. With ...
. Subsequently, he was ordered to go the
Oxfordshire Oxfordshire ( ; abbreviated ''Oxon'') is a ceremonial county in South East England. The county is bordered by Northamptonshire and Warwickshire to the north, Buckinghamshire to the east, Berkshire to the south, and Wiltshire and Glouceste ...
and
Hampshire Hampshire (, ; abbreviated to Hants.) is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Berkshire to the north, Surrey and West Sussex to the east, the Isle of Wight across the Solent to the south, ...
circuits. As judge of assize, he condemned
Captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader or highest rank officer of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police depa ...
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 N ...
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, located in the civil parish of Newport and Carisbrooke. It has a quay at the head of the n ...
, 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 ''The'' is a grammatical article in English, denoting nouns that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The ...
, 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 ...
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 Worcestershire ( , ; written abbreviation: Worcs) is a Ceremonial counties of England, ceremonial county in the West Midlands (region), West Midlands of England. It is bordered by Shropshire, Staffordshire, and the West Midlands (county), West ...
on 25 September 1651.


Protectorate

When
Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English statesman, politician and soldier, widely regarded as one of the most important figures in British history. He came to prominence during the Wars of the Three Kingdoms, initially ...
assumed the position of
lord protector Lord Protector (plural: ''Lords Protector'') is 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 sometime ...
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, and was made a
commissioner A commissioner (commonly abbreviated as Comm'r) is, in principle, a member of a commission or an individual who has been given a commission (official charge or authority to do something). In practice, the title of commissioner has evolved to incl ...
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 Sir Bulstrode Whitelocke (6 August 1605 – 28 July 1675) was an English lawyer, writer, parliamentarian, and one of the commissioners of the Great Seal during the Interregnum. Early life He was the eldest son of Sir James Whitelocke and ...
(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 Peer ...
(a
Cavalier The term ''Cavalier'' () was first used by Roundheads as a term of abuse for the wealthier royalist supporters of Charles I of England and his son Charles II of England, Charles II during the English Civil War, the Interregnum (England), Int ...
) 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, M.P., serjeant-at-law, of Tong Castle, 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 Earl De La Warr, Henry Wes ...
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 English lawyers 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)