John Holt (judge)
Encyclopedia
Sir John Holt was an English lawyer and served as Lord Chief Justice of England
from 17 April 1689 to his death.
in Berkshire (now Oxfordshire
), the son of Sir Thomas Holt
, MP for that town, and his wife, Susan, the daughter of John Peacock of Chieveley
, also in Berkshire. He was educated at Abingdon School
, Gray's Inn
and Oriel College, Oxford. He purchased Redgrave Manor
in Suffolk, which had been the seat of the Bacon family
in 1702, when debts forced the fifth baronet, Sir Robert Bacon, to sell the estate. A letter in the Bodleian Library
reads: "The celebrated Dr Radcliffe, the physician ... took special pains to preserve the life of LCJ Holt's wife, whom he attended out of spite to her husband, who wished her dead." Sir John Holt's sister Susan was married to Francis Levett
, Esq., tobacco merchant and brother of Sir Richard Levett
, Lord Mayor of London
.
Holt's father, Sir Thomas Holt, possessed a small patrimonial estate, but in order to supplement his income had adopted the profession of law, in which he was not very successful, although he was appointed serjeant-at-law
in 1677, and afterwards for his political services to the Tories was rewarded with a knighthood. Sir Thomas Holt's father was Rowland Holt (d. 1634 according to the Berkshire
herald's visitation of 1664–66), who was probably identical to the merchant Rowland Holt who was murdered by muggers in Clerkenwell
Fields in January 1635 (1634 OS). The crime was particularly notorious in the ballads and broadsheets of the time.
After attending for some years the free school of the town of Abingdon
, of which his father was recorder
, young Holt in his sixteenth year entered Oriel College, Oxford. He is said to have spent a very dissipated youth, and even to have been in the habit of taking purses on the highway, but after entering Gray's Inn about 1660 he applied himself with exemplary diligence to the study of law. He was called to the bar in 1663. An supporter of civil and religious liberty, he distinguished himself in state trials
by the manner in which he supported the pleas of the defendants.
In 1685–1686 he was appointed recorder of London, and about the same time he was made king's sergeant and received the honour of knighthood. His giving a decision adverse to the pretensions of the king to exercise martial law
in time of peace led to his dismissal from the office of recorder, but he was continued in the office of king's sergeant in order to prevent him from becoming counsel
for accused persons. Having been one of the judges who acted as assessors to the peers in the Convention parliament, he took a leading part in arranging the constitutional change by which William III
was called to the throne, and after his accession he was appointed Lord Chief Justice of the King's Bench. He is best known for the firmness with which he upheld his own prerogatives in opposition to the authority of the Houses of Parliament. While in sympathy with the Whig party, Holt maintained on the bench political impartiality, and held himself aloof from political intrigue.
On the retirement of Somers
from the chancellorship
in 1700 he was offered the Great Seal
, but declined it. His death took place in London on 5 March 1710. He was buried in the chancel
of Redgrave church
.
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
from 17 April 1689 to his death.
Biography
He was born in AbingdonAbingdon, Oxfordshire
Abingdon or archaically Abingdon-on-Thames is a market town and civil parish in Oxfordshire, England. It is the seat of the Vale of White Horse district. Previously the county town of Berkshire, Abingdon is one of several places that claim to be Britain's oldest continuously occupied town, with...
in Berkshire (now Oxfordshire
Oxfordshire
Oxfordshire is a county in the South East region of England, bordering on Warwickshire and Northamptonshire , Buckinghamshire , Berkshire , Wiltshire and Gloucestershire ....
), the son of Sir Thomas Holt
Thomas Holt (Serjeant-at-Law)
Thomas Holt was an English lawyer and politician who sat in the House of Commons in 1654 and 1656.Holt was the son of Ralph Holt, of Stoke, Oxfordshire. He matriculated at Magdalen Hall, Oxford on 23 November 1632, aged 16. He was called to the bar at Gray's Inn in 1648...
, MP for that town, and his wife, Susan, the daughter of John Peacock of Chieveley
Chieveley
Chieveley is a village and civil parish about north of Newbury in Berkshire, close to the M4 motorway and A34 road.-Character:Chieveley is a village of 1,481 people and 508 households. A map of 1877 stated the area at the time to be roughly . Chieveley Service Station serves Junction 13 of the M4...
, also in Berkshire. He was educated at Abingdon School
Abingdon School
Abingdon School is a British day and boarding independent school for boys situated in Abingdon, Oxfordshire , previously known as Roysse's School. In 1998 a formal merger took place between Abingdon School and Josca's, a preparatory school four miles to the west at Frilford...
, Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, 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...
and Oriel College, Oxford. He purchased Redgrave Manor
Redgrave, Suffolk
Redgrave is a civil parish and a small village in the Rickinghall and Walsham ward in the Mid Suffolk district in Suffolk county in eastern England....
in Suffolk, which had been the seat of the Bacon family
Bacon Baronets
There have been three Baronetcies created for members of the Bacon family, all in the Baronetage of England. As of 2008, one creation is extinct and two of the creations are extant. The extant titles have been merged since 1755...
in 1702, when debts forced the fifth baronet, Sir Robert Bacon, to sell the estate. A letter in the Bodleian Library
Bodleian Library
The Bodleian Library , the main research library of the University of Oxford, is one of the oldest libraries in Europe, and in Britain is second in size only to the British Library...
reads: "The celebrated Dr Radcliffe, the physician ... took special pains to preserve the life of LCJ Holt's wife, whom he attended out of spite to her husband, who wished her dead." Sir John Holt's sister Susan was married to Francis Levett
Francis Levett (merchant)
Francis Levett was an early London merchant who, in partnership with his brother Sir Richard Levett, Lord Mayor of London, built an early trading empire, importing and distributing tobacco and other commodities...
, Esq., tobacco merchant and brother of Sir Richard Levett
Richard Levett
Sir Richard Levett , Sheriff, Alderman and Lord Mayor of London, was one of the first directors of the Bank of England, an adventurer with the London East India Company and the proprietor of the trading firm Sir Richard Levett & Company. He had homes at Kew and in London's Cripplegate, close by...
, Lord Mayor of London
Lord Mayor of London
The Right Honourable Lord Mayor of London is the legal title for the Mayor of the City of London Corporation. The Lord Mayor of London is to be distinguished from the Mayor of London; the former is an officer only of the City of London, while the Mayor of London is the Mayor of Greater London and...
.
Holt's father, Sir Thomas Holt, possessed a small patrimonial estate, but in order to supplement his income had adopted the profession of law, in which he was not very successful, although he was appointed serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
in 1677, and afterwards for his political services to the Tories was rewarded with a knighthood. Sir Thomas Holt's father was Rowland Holt (d. 1634 according to the Berkshire
Berkshire
Berkshire is a historic county in the South of England. It is also often referred to as the Royal County of Berkshire because of the presence of the royal residence of Windsor Castle in the county; this usage, which dates to the 19th century at least, was recognised by the Queen in 1957, and...
herald's visitation of 1664–66), who was probably identical to the merchant Rowland Holt who was murdered by muggers in Clerkenwell
Clerkenwell
Clerkenwell is an area of central London in the London Borough of Islington. From 1900 to 1965 it was part of the Metropolitan Borough of Finsbury. The well after which it was named was rediscovered in 1924. The watchmaking and watch repairing trades were once of great importance...
Fields in January 1635 (1634 OS). The crime was particularly notorious in the ballads and broadsheets of the time.
After attending for some years the free school of the town of Abingdon
Abingdon, Oxfordshire
Abingdon or archaically Abingdon-on-Thames is a market town and civil parish in Oxfordshire, England. It is the seat of the Vale of White Horse district. Previously the county town of Berkshire, Abingdon is one of several places that claim to be Britain's oldest continuously occupied town, with...
, of which his father was recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
, young Holt in his sixteenth year entered Oriel College, Oxford. He is said to have spent a very dissipated youth, and even to have been in the habit of taking purses on the highway, but after entering Gray's Inn about 1660 he applied himself with exemplary diligence to the study of law. He was called to the bar in 1663. An supporter of civil and religious liberty, he distinguished himself in state trials
State trials
State trials, in English law, a name which primarily denotes all trials relating to offences against the state, but in practice is often used of cases illustrative of the law relating to state officers or of international or constitutional law....
by the manner in which he supported the pleas of the defendants.
In 1685–1686 he was appointed recorder of London, and about the same time he was made king's sergeant and received the honour of knighthood. His giving a decision adverse to the pretensions of the king to exercise martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
in time of peace led to his dismissal from the office of recorder, but he was continued in the office of king's sergeant in order to prevent him from becoming counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
for accused persons. Having been one of the judges who acted as assessors to the peers in the Convention parliament, he took a leading part in arranging the constitutional change by which William III
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
was called to the throne, and after his accession he was appointed Lord Chief Justice of the King's Bench. He is best known for the firmness with which he upheld his own prerogatives in opposition to the authority of the Houses of Parliament. While in sympathy with the Whig party, Holt maintained on the bench political impartiality, and held himself aloof from political intrigue.
On the retirement of Somers
John Somers, 1st Baron Somers
John Somers, 1st Baron Somers, PC, FRS was an English Whig jurist and statesman. Somers first came to national attention in the trial of the Seven Bishops where he was on the their defence counsel. He published tracts on political topics such as the succession to the crown, where he elaborated his...
from the chancellorship
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
in 1700 he was offered the Great Seal
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom is a seal that is used to symbolise the Sovereign's approval of important state documents...
, but declined it. His death took place in London on 5 March 1710. He was buried in the chancel
Chancel
In church architecture, the chancel is the space around the altar in the sanctuary at the liturgical east end of a traditional Christian church building...
of Redgrave church
St Mary's Church, Redgrave
St Mary's Church, Redgrave, is a redundant Anglican church in the village of Redgrave, Suffolk, England. It is a Grade I listed building, and is under the care of the Churches Conservation Trust. The church stands on a rise about 1 km east of the village.-Early history:The initial...
.
Cases
- Crosse v Gardner (1689) Cart. 90, Lord Holt CJ held that ‘An affirmation at the time of a sale is a warranty, provided it appears on evidence to be so intended.’
- Robert CharnockRobert CharnockRobert Charnock was an English academic and Jacobite conspirator.-Life:He belonged to a Warwickshire family, and was educated at Adams' Grammar School and Magdalen College, Oxford, becoming a fellow of his college and a Roman Catholic priest.When in 1687 the dispute arose between James II of...
- Turberville v StampeTurberville v StampeTurberville v Stampe 91 ER 1072 is an English tort law case concerning vicarious liability, also known as the respondeat superior doctrine.-Facts:...
(1697) 91 ER 1072 (nuisance and vicarious liability) - Medina v Staughton (1699) 1 Salk. 210, again on affirmations and warranties.
- Coggs v BernardCoggs v BernardCoggs v Bernard 2 Ld Raym 909 is a landmark case both for English property law and contract law, decided by Sir John Holt, Chief Justice of the King's Bench...
(1703) 2 Ld Raym 909 (bailment) - Ashby v White (1703) 2 Ld Raym 938 (the right to vote)
- Cole v Turner (1704) 87 ER 907 (definition of battery)
- Cockcroft v SmithCockcroft v SmithCockcroft v Smith 11 Mod 43 is an English tort law case. It concerned the definition of legitimate self defence.-Facts:Mrs Cockcroft ran his finger towards Mr Smith's eyes...
(1705) 11 Mod 43, self defence - Smith v Gould (1705–07) 2 Salk 666 (antagonism to slavery), but see 91 ER 566
- Keeble v Hickeringill (1707) 11 East 574, Holt 19 (interference with property rights, "the duck pond case")
External links
- http://books.google.com/books?id=7nRbAAAAQAAJ&pg=PA121&lpg=PA121&dq=%22richard+levett%22&source=bl&ots=hZbk4_tUW6&sig=SPO6RNwEN5bLeuOn9nqfpuYgDSA&hl=en&ei=BDKvSqTtGIWesgOO_-3CCw&sa=X&oi=book_result&ct=result&resnum=4#v=onepage&q=%22richard%20levett%22&f=falseWill of Sir John Holt, The Life of the Right Honourable Sir John Holt, Knight, Lord Chief justice of the Court of King's-Bench, J. R. (A Gentleman of the Inner Temple), Printed for the Author and Sold by J. Worrall, 1764]
- Sir John Holt (1642–1710): a biographical sketch, with especial reference to his witchcraft trials