John Heath (judge)
Encyclopedia
John Heath was a judge
chiefly in criminal
trials, in which he earned a reputation for severe sentencing
. He was a resident of Hayes, Middlesex
, where a road is named after him, Judge Heath Lane.
to a family of merchant
s and fullers
, Heath attended London's Westminster School
from 1748 until 1754, when he went up to Christ Church, Oxford
, graduating B.A.
in 1758 and M.A. in 1762.
in May 1759, Heath was called to the Bar
in 1762. He became a judge
in 1779, and in 1780 he succeeded Sir William Blackstone
as a Justice of the Common Pleas
.
Heath refused the knighthood that was customary to the office. Cost may have been a factor in his refusal, but it was also in keeping with the reputation he acquired. He was "plain John Heath" - no-nonsense - in speech and in person. Heath possessed great legal and general knowledge, and he paid scrupulous attention to evidence and argument. Once he formed an opinion, he was not easily persuaded to depart from it.
Heath became chiefly known as a judge in criminal
trials. He held the view that "there is no regeneration
for felons
in this life, and for their own sake, as well as for the sake of society
, I think it is better to hang
". He applied this way of thinking consistently, earning a lasting reputation for severe sentencing. In his private life, however, Heath was reputedly good natured and kind.
. He had been on the bench
for more than thirty-five years when he died of apoplexy
on 16 January 1816. He is buried in Hayes parish church. Heath did not marry, and the sister with whom he lived for many years predeceased him.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
chiefly in criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
trials, in which he earned a reputation for severe sentencing
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
. He was a resident of Hayes, Middlesex
Hayes, Hillingdon
Hayes is a town in the London Borough of Hillingdon, West London. It is a suburban development situated west of Charing Cross. Hayes was developed in the late 19th and 20th centuries as an industrial locality to which residential districts were later added in order to house factory workers...
, where a road is named after him, Judge Heath Lane.
Early years
Born in ExeterExeter
Exeter is a historic city in Devon, England. It lies within the ceremonial county of Devon, of which it is the county town as well as the home of Devon County Council. Currently the administrative area has the status of a non-metropolitan district, and is therefore under the administration of the...
to a family of merchant
Merchant
A merchant is a businessperson who trades in commodities that were produced by others, in order to earn a profit.Merchants can be one of two types:# A wholesale merchant operates in the chain between producer and retail merchant...
s and fullers
Fulling
Fulling or tucking or walking is a step in woolen clothmaking which involves the cleansing of cloth to eliminate oils, dirt, and other impurities, and making it thicker. The worker who does the job is a fuller, tucker, or walker...
, Heath attended London's Westminster School
Westminster School
The Royal College of St. Peter in Westminster, almost always known as Westminster School, is one of Britain's leading independent schools, with the highest Oxford and Cambridge acceptance rate of any secondary school or college in Britain...
from 1748 until 1754, when he went up to Christ Church, Oxford
Christ Church, Oxford
Christ Church or house of Christ, and thus sometimes known as The House), is one of the largest constituent colleges of the University of Oxford in England...
, graduating B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1758 and M.A. in 1762.
Career and reputation
Admitted to the Inner TempleInner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in May 1759, Heath was called to the Bar
Call 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 a "call to the bar"...
in 1762. He became a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in 1779, and in 1780 he succeeded Sir William Blackstone
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
as a Justice of the Common Pleas
Justice of the Common Pleas
Justice of the Common Pleas was a puisne judicial position within the Court of Common Pleas of England and Wales, under the Chief Justice. The Common Pleas was the primary court of common law within England and Wales, dealing with "common" pleas...
.
Heath refused the knighthood that was customary to the office. Cost may have been a factor in his refusal, but it was also in keeping with the reputation he acquired. He was "plain John Heath" - no-nonsense - in speech and in person. Heath possessed great legal and general knowledge, and he paid scrupulous attention to evidence and argument. Once he formed an opinion, he was not easily persuaded to depart from it.
Heath became chiefly known as a judge in criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
trials. He held the view that "there is no regeneration
Regeneration (theology)
Regeneration, while sometimes perceived to be a step in the Ordo salutis , is generally understood in Christian theology to be the objective work of God in a believer's life. Spiritually, it means that God brings Christians to new life from a previous state of subjection to the decay of death...
for felons
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
in this life, and for their own sake, as well as for the sake of society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
, I think it is better to hang
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
". He applied this way of thinking consistently, earning a lasting reputation for severe sentencing. In his private life, however, Heath was reputedly good natured and kind.
Death
Heath continued working up to his death, regularly riding out to court from his home in Hayes, MiddlesexHayes, Hillingdon
Hayes is a town in the London Borough of Hillingdon, West London. It is a suburban development situated west of Charing Cross. Hayes was developed in the late 19th and 20th centuries as an industrial locality to which residential districts were later added in order to house factory workers...
. He had been on the bench
Bench (law)
Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
for more than thirty-five years when he died of apoplexy
Apoplexy
Apoplexy is a medical term, which can be used to describe 'bleeding' in a stroke . Without further specification, it is rather outdated in use. Today it is used only for specific conditions, such as pituitary apoplexy and ovarian apoplexy. In common speech, it is used non-medically to mean a state...
on 16 January 1816. He is buried in Hayes parish church. Heath did not marry, and the sister with whom he lived for many years predeceased him.
External sources
- W. R. Drake, Heathiana: notes, genealogical and biographical, of the family of Heath (1881)
- P. Polden, entry in the Oxford Dictionary of National Biography