Thomas Bury (judge)
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Thomas Bury (1655–1722) was an English judge. He took part in the decision regarding the 1704 Aylesbury election. King George I raised Bury to the position of
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 ...
.


Early life and education

Bury was born in 1655, the youngest son of Sir William Bury, knight, of
Linwood, Lincolnshire Linwood is a small village and civil parish in the West Lindsey district of Lincolnshire, England, on the minor B1202 road about south from the town of Market Rasen. The population (including Buslingthorpe) at the 2011 census was 143. The p ...
. In February 1667, Bury earned a bachelor's degree at
Lincoln College, Oxford Lincoln College (formally, The College of the Blessed Mary and All Saints, Lincoln) is a Colleges of the University of Oxford, constituent college of the University of Oxford, in the United Kingdom. Lincoln was founded in 1427 by Richard Flemin ...
, and 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 ...
as a student the following year.


Career

He was called to the bar in 1676, and after some years' practice became a serjeant-at-law in 1700. Later, on 26 January 1701, when Sir
Littleton Powys Sir Littleton Powys FRS (1647?– 16 March 1732) was a Justice of the King's Bench. Early life and education He was the eldest son of Thomas Powys of Henley Hall in Shropshire, serjeant-at-law, a Bencher of Lincoln's Inn, and the representativ ...
was removed to the
King's Bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court of common law in t ...
, he was made a
Baron of the Exchequer The Barons of the Exchequer, or ''barones scaccarii'', were the judges of the English court known as the Exchequer of Pleas. The Barons consisted of a Chief Baron of the Exchequer and several puisne (''inferior'') barons. When Robert Shute was ...
.Sir John Sainty (comp.) ''The Judges of England, 1272–1990: a list of the judges of the Superior courts'' (Selden Society: Supplementary Series 1993), 128. Regarding this appointment, his
epitaph An epitaph (; ) is a short text honoring a deceased person. Strictly speaking, it refers to text that is inscribed on a tombstone or plaque, but it may also be used in a figurative sense. Some epitaphs are specified by the person themselves be ...
says that he "by his Great Application to the Study of the Law, raised himself to one of the highest Degrees in that Profession."
Speaker Onslow Arthur Onslow (1 October 169117 February 1768) was an English politician. He set a record for length of service when repeatedly elected to serve as Speaker of the House of Commons, where he was known for his integrity. Early life and educati ...
, in his notes to Bishop Burnet's ''History'', affirms 'that it appeared from Bury's book of accounts' that he gave Lord-keeper Wright a bribe of £1000 for elevating him to the bench. He was knighted the same year. For fifteen years he continued to discharge the duties of a
puisne judge Puisne judge and puisne justice () are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words, (since, later) and (born) which have been combined as or ; meaning ...
.


Aylesbury election

In 1704, when corrupt practices had extensively prevailed at the
Aylesbury Aylesbury ( ) is the county town of Buckinghamshire, England. It is home to the Roald Dahl Children's Gallery and the Aylesbury Waterside Theatre, Waterside Theatre. It is located in central Buckinghamshire, midway between High Wycombe and Milt ...
election, the Whigs, who were then defeated, knowing that proceeding by a petition to 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 ...
would be useless, caused actions to be brought in the
Queen's Bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court of common law in ...
division by some of the electors against the returning officers. One of these actions, the leading case of
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 ...
, after judgment for the defendants in the Queen's Bench, from which
Lord Chief Justice The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English a ...
Holt dissented, was taken 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 ...
upon a writ of error, and the judges were summoned to advise the house. Of these judges Bury was one, and his opinion was given in support of that of the Lord Chief Justice in the court below; and Lord Somers being of the same opinion, the decision of the queen's bench was reversed by fifty to sixteen. On 20 and 22 April 1710 he, with Chief Justice Parker and Mr. Justice Tracy, at the Old Baile, tried one Damary for riot and being ringleader of a mob.


Robert Mann

There is a letter of his (25 June 1713) preserved among the treasury papers to the lord high treasurer, about offering a reward for the apprehension of one Robert Mann.


Later life

On the death of Sir Samuel Dodd, Bury was raised by King George I to be Chief Baron of the Exchequer 10 June 1716. He was elected a
Fellow of the Royal Society Fellowship of the Royal Society (FRS, ForMemRS and HonFRS) is an award granted by the Fellows of the Royal Society of London to individuals who have made a "substantial contribution to the improvement of natural science, natural knowledge, incl ...
in 1718. He died on 4 May 1722, suddenly, having been engaged in the discharge of his judicial duties until within a few hours of his death. He was buried, with a handsome tomb, in the parish church of
Grantham Grantham () is a market town and civil parish in the South Kesteven district of Lincolnshire, England, situated on the banks of the River Witham and bounded to the west by the A1 road (Great Britain), A1 road. It lies south of Lincoln, England ...
,
Lincolnshire Lincolnshire (), abbreviated ''Lincs'', is a Ceremonial counties of England, ceremonial county in the East Midlands and Yorkshire and the Humber regions of England. It is bordered by the East Riding of Yorkshire across the Humber estuary to th ...
. He never married and left no issue, and his estates at
Irby Irby may refer to: People * Irby (given name), a list of people * Irby (surname), a list of people Places * Irby, Merseyside, England, a village * Irby, Virginia, United States, an unincorporated community * Irby, Washington, United States, a ...
, near Wainfleet, passed to his grandnephew, William Bury, of Lyndwood Grange, Lincolnshire. There is a portrait of him, engraved in mezzotint by Smith, after a picture by J. Richardson dated 1720.Noble, Granger, iii. 198


References

{{DEFAULTSORT:Bury, Thomas 1655 births 1722 deaths People from Lincoln, England Alumni of Lincoln College, Oxford Members of Gray's Inn 17th-century English lawyers 18th-century English judges Fellows of the Royal Society Serjeants-at-law (England) Barons of the Exchequer