Thomas Clarke (judge)
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Sir Thomas Clarke (1703 – 13 November 1764) was a British judge who served as
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales ...
. He was the son of a carpenter and a pawnbroker from
St Giles in the Fields St Giles in the Fields is the Anglican parish church of the St Giles district of London. The parish stands within the London Borough of Camden and forms part of the Diocese of London. The church, named for St Giles the Hermit, began as the c ...
, and was educated at
Westminster School Westminster School is a Public school (United Kingdom), public school in Westminster, London, England, in the precincts of Westminster Abbey. It descends from a charity school founded by Westminster Benedictines before the Norman Conquest, as do ...
between 1715 and 1721 thanks to the help of
Zachary Pearce Zachary Pearce, sometimes known as Zachariah (8 September 1690 – 29 June 1774), was an English Bishop of Bangor and Bishop of Rochester. He was a controversialist and a notable early critical writer defending John Milton, attacking Richard Be ...
. On 10 June 1721 he matriculated to
Trinity College, Cambridge Trinity College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any ...
, graduating with a BA in 1724. He became a fellow of Trinity College in 1727, and a member of
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 ...
the same year. Clarke was evidently knowledgeable in
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
, and was mentioned in a poem called the ''causidicade'' as a possible
Solicitor General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
in 1742.Foss (1870) p.167 He became a
King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
(KC) in 1740, and in 1742 left Gray's Inn to join
Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
, which he became a bencher of in 1754. In 1747 he was elected a Member of Parliament for St Michael's, and in 1754 was returned for
Lostwithiel Lostwithiel (; ) is a civil parish and small town in Cornwall, England, United Kingdom at the head of the estuary of the River Fowey. According to the 2001 census it had a population of 2,739, increasing to 2,899 at the 2011 census. The Lostwi ...
. After the death of the
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales ...
,
Sir John Strange Sir John Strange (1696 – 18 May 1754) was a British politician and judge. John Strange's life He was born to another John Strange of Fleet Street, London and his second wife, Mary Plaistowe. He studied Law at the Middle Temple on 11 July 17 ...
, Clarke was offered the position. The job was originally offered to William Murray, later Lord Mansfield, but he turned it down. If he had accepted, Clarke might instead have succeeded Murray as
Attorney General for England and Wales His Majesty's Attorney General for England and Wales is the chief legal adviser to the sovereign and Government in affairs pertaining to England and Wales as well as the highest ranking amongst the law officers of the Crown. The attorney gener ...
. Clarke was officially appointed on 25 May 1754, and was knighted at the same time. In June 1754 he was invested as a Privy Councillor (PC). Clarke evidently discharged his duties "with great credit" for ten years, until his death in office on 13 November 1764. He was buried in the
Rolls Chapel The Maughan Library () is the main university research library of King's College London, forming part of the Strand Campus. A 19th-century Gothic Revival architecture, neo-Gothic building located on Chancery Lane in the City of London, it was fo ...
, now the main library of
King's College London King's College London (informally King's or KCL) is a public university, public research university in London, England. King's was established by royal charter in 1829 under the patronage of George IV of the United Kingdom, King George IV ...
. Clarke was a close friend of the second Earl of Macclesfield, and this friendship combined with his unclear parentage started rumours that Clark was in fact Macclesfield's son. "He left a large fortune behind him, which he had acquired solely by the practice of his profession, the greater part of it being bequeathed by him to the third earl of Macclesfield, the grandson of his old benefactor." In his will, Clarke left his Flitcroft-designed home, Branch Hill Lodge, to Macclesfield. Outside politics and law, Clarke was 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 ...
(FRS), and "devoted himself to philosophical pursuits".


References


Bibliography

* * {{DEFAULTSORT:Clarke, Thomas 1703 births 1764 deaths Masters of the Rolls People educated at Westminster School, London Alumni of Trinity College, Cambridge Fellows of Trinity College, Cambridge Members of Gray's Inn Members of Lincoln's Inn Members of the Parliament of Great Britain for constituencies in Cornwall British MPs 1747–1754 British MPs 1754–1761 Fellows of the Royal Society British King's Counsel Members of the Privy Council of Great Britain