Robert Wright (judge)
Encyclopedia
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,...
1687–89.
Early life
Wright was the son of Jermyn Wright of WangfordWangford
Wangford is a village in Suffolk, England, just off the A12 trunk road on the edge of the Henham Park estate just outside Southwold. .Wangford is connected to the rest of Suffolk by two main roads...
in Suffolk, by his wife Anne, daughter of Richard Bachcroft of Bexwell
Bexwell
Bexwell is a small village in Norfolk, England.Its church, St. Mary, is one of 124 existing round-tower churches in Norfolk.-External links:*, a round-tower church...
in Norfolk. He was descended from a family long seated at Kelverstone in Norfolk, and was educated at the free school at Thetford
Thetford
Thetford is a market town and civil parish in the Breckland district of Norfolk, England. It is on the A11 road between Norwich and London, just south of Thetford Forest. The civil parish, covering an area of , has a population of 21,588.-History:...
, graduating B.A. from Peterhouse College, Cambridge, in 1658 and M.A. in 1661.
Early legal career
He entered Lincoln's InnLincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
on 14 June 1654, and after being called to the bar went the Norfolk circuit. According to Roger North
Roger North (17th century)
Roger North, KC , English lawyer, biographer, and amateur musician, was the sixth son of t he fourth Baron North....
he was “a comely person, airy and nourishing both in his habits and way of living”, but a very poor lawyer. He was a friend of Francis North
Francis North, 1st Baron Guilford
Francis North, 1st Baron Guilford PC KC was the third son of the 4th Baron North, and was created Baron Guilford in 1683, after becoming Lord Keeper of the Great Seal in succession to Lord Nottingham....
, and relied implicitly on him when required to give a written opinion. Although by marrying the daughter of the Bishop of Ely
Matthew Wren
"Matthew Wren" is also a British actor who appeared in BBC children's show Trapped!.Matthew Wren was an influential English clergyman and scholar.-Life:...
he obtained a good practice, his “voluptuous unthinking course of life” led him into great embarrassments. These he evaded by pledging his estate to Francis North
Francis North, 1st Baron Guilford
Francis North, 1st Baron Guilford PC KC was the third son of the 4th Baron North, and was created Baron Guilford in 1683, after becoming Lord Keeper of the Great Seal in succession to Lord Nottingham....
, and afterwards mortgaging it to Sir Walter Plummer, fraudulently tendering him an affidavit that it was clear of all encumbrances.
On 10 April 1668 Wright was returned to parliament for King's Lynn. In 1678 he was appointed counsel for the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
, and in August 1679 he was elected deputy recorder of the town
Cambridge
The city of Cambridge is a university town and the administrative centre of the county of Cambridgeshire, England. It lies in East Anglia about north of London. Cambridge is at the heart of the high-technology centre known as Silicon Fen – a play on Silicon Valley and the fens surrounding the...
. In October 1678 he fell under suspicion of being concerned in the Popish Plot
Popish Plot
The Popish Plot was a fictitious conspiracy concocted by Titus Oates that gripped England, Wales and Scotland in Anti-Catholic hysteria between 1678 and 1681. Oates alleged that there existed an extensive Catholic conspiracy to assassinate Charles II, accusations that led to the execution of at...
, Coleman having been in his company the Sunday before he was committed. On 31 October the matter was brought by the Speaker
Speaker of the British House of Commons
The Speaker of the House of Commons is the presiding officer of the House of Commons, the United Kingdom's lower chamber of Parliament. The current Speaker is John Bercow, who was elected on 22 June 2009, following the resignation of Michael Martin...
before the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, which ordered Wright’s chambers in Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
and his lodgings to be searched. As nothing was found to incriminate him, he was declared completely exculpated. In Easter 1679 he was made a Serjeant
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...
, and on 12 May 1680 he was made a King's Serjeant. He was knighted on 15 May, and in 1681 was appointed chief justice of Glamorgan
Glamorgan
Glamorgan or Glamorganshire is one of the thirteen historic counties and a former administrative county of Wales. It was originally an early medieval kingdom of varying boundaries known as Glywysing until taken over by the Normans as a lordship. Glamorgan is latterly represented by the three...
.
At this time his fortunes were at low ebb. He had made the acquaintance of
Jeffreys
George Jeffreys, 1st Baron Jeffreys
George Jeffreys, 1st Baron Jeffreys of Wem, PC , also known as "The Hanging Judge", was an English judge. He became notable during the reign of King James II, rising to the position of Lord Chancellor .- Early years and education :Jeffreys was born at the family estate of Acton Hall, near Wrexham,...
, and had acquired his regard, it is said, by his ability as a mimic. He went to him and implored his assistance. Jeffreys
George Jeffreys, 1st Baron Jeffreys
George Jeffreys, 1st Baron Jeffreys of Wem, PC , also known as "The Hanging Judge", was an English judge. He became notable during the reign of King James II, rising to the position of Lord Chancellor .- Early years and education :Jeffreys was born at the family estate of Acton Hall, near Wrexham,...
had recourse to the king, and in spite of the objections of Francis North
Francis North, 1st Baron Guilford
Francis North, 1st Baron Guilford PC KC was the third son of the 4th Baron North, and was created Baron Guilford in 1683, after becoming Lord Keeper of the Great Seal in succession to Lord Nottingham....
, who was then Lord Keeper of the Great Seal
Lord Keeper of the Great Seal
The Lord Keeper of the Great Seal of England, and later of Great Britain, was formerly an officer of the English Crown charged with physical custody of the Great Seal of England. This evolved into one of the Great Officers of State....
, procured his nomination on 27 Oct. 1684 as a Baron of the Exchequer
Exchequer of pleas
The Exchequer of Pleas or Court of Exchequer was a court that followed equity, a set of legal principles based on natural law, and common law, in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia during the 1190s, to sit as an...
. On 10 Feb. 1684-5 he was elected 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...
of Cambridge
Cambridge
The city of Cambridge is a university town and the administrative centre of the county of Cambridgeshire, England. It lies in East Anglia about north of London. Cambridge is at the heart of the high-technology centre known as Silicon Fen – a play on Silicon Valley and the fens surrounding the...
. James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
selected him to accompany Jeffreys
George Jeffreys, 1st Baron Jeffreys
George Jeffreys, 1st Baron Jeffreys of Wem, PC , also known as "The Hanging Judge", was an English judge. He became notable during the reign of King James II, rising to the position of Lord Chancellor .- Early years and education :Jeffreys was born at the family estate of Acton Hall, near Wrexham,...
on the western assize after Monmouth's rebellion
Monmouth Rebellion
The Monmouth Rebellion,The Revolt of the West or The West Country rebellion of 1685, was an attempt to overthrow James II, who had become King of England, King of Scots and King of Ireland at the death of his elder brother Charles II on 6 February 1685. James II was a Roman Catholic, and some...
, and on his return removed him on 11 Oct. to the King's Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
. In 1686, in the case of Sir Edward Hales, Wright gave an opinion in favour of the dispensing power, when consulted by Sir Edward Herbert
Edward Herbert (judge)
Sir Edward Herbert , titular Earl of Portland, was an English judge who served as Chief Justice of the King’s Bench during the reign of James II.-Early life and career:...
, previous to judgment being given in court in favour of Hales.
Chief Justice
On 6 April 1687 he was promoted to the chief-justiceship of the Common PleasChief Justice of the Common Pleas
The Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
on the death of Sir Henry Bedingfield. This office he held only five days, for Herbert
Edward Herbert (judge)
Sir Edward Herbert , titular Earl of Portland, was an English judge who served as Chief Justice of the King’s Bench during the reign of James II.-Early life and career:...
, having refused to assist the king
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
to establish martial law in the army in time of peace by countenancing the execution of a deserter, was transferred to the chief-justiceship of the Common Pleas
Chief Justice of the Common Pleas
The Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
. Wright, who took his place as Chief Justice of the King's Bench
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,...
, hanged deserters without hesitation. He gave further proof of his zeal by fining the Earl of Devonshire
William Cavendish, 1st Duke of Devonshire
William Cavendish, 1st Duke of Devonshire KG PC was a soldier and Whig statesman, the son of William Cavendish, 3rd Earl of Devonshire and Lady Elizabeth Cecil.-Life:...
, an opponent of the court, the sum of £30,000 for assaulting Colonel Thomas Colepeper in the Vane chamber at Whitehall while the king and queen were in the presence, overruling his plea of privilege, and committing him to prison until the fine was paid. Wright accompanied the sentence with the remark that the offence was ' next door to pulling the king off his throne.'
In October 1687 Wright was sent to Oxford as an ecclesiastical commissioner with Thomas Cartwright
Thomas Cartwright (bishop)
Thomas Cartwright was an English bishop and diarist, known as a supporter of James II.-Life:He was born and went to school in Northampton, and studied at the University of Oxford. He was first at Magdalen Hall, and then at Queen's College where he was tutored by Thomas Tully. He was ordained by...
(1634–1689) and Sir Thomas Jenner on the famous visitation of Magdalen College, Oxford
Magdalen College, Oxford
Magdalen College is one of the constituent colleges of the University of Oxford in England. As of 2006 the college had an estimated financial endowment of £153 million. Magdalen is currently top of the Norrington Table after over half of its 2010 finalists received first-class degrees, a record...
when all the fellows but three were expelled for resisting the royal authority, and declared incapable of holding any ecclesiastical preferment. When the president of Magdalen, John Hough
John Hough (bishop)
John Hough was an English bishop. He is best known for the confrontation over his election as President at Magdalen College, Oxford that took place at the end of the reign of James II of England.-Life:...
, protested against the proceedings of the commission, Wright declared that he would uphold his majesty's authority while he had breath in his body, and bound him over in a thousand pounds to appear before the king's bench on the charge of breaking the peace.
On 29 June 1688 Wright presided at the trial of the Seven Bishops
Seven Bishops
thumb|200px|A portrait of the Seven Bishops.The Seven Bishops of the Church of England were those imprisoned and tried for seditious libel over their opposition to the second Declaration of Indulgence issued by James II in 1688...
. Although he so far accommodated himself to the king as to declare their petition a libel, he was overawed during the trial by the general voice of opinion and the apprehension of an indictment. In the words of a bystander he looked as if all the peers present had halters in their pockets. He conducted the proceedings with decency and impartiality. At an early stage the evidence of publication broke down, and Wright was about to direct the jury to acquit the prisoners when the prosecution was saved by the testimony of Sunderland
Robert Spencer, 2nd Earl of Sunderland
Robert Spencer, 2nd Earl of Sunderland KG, PC was an English statesman and nobleman.-Life:Born in Paris, son of Henry Spencer, 1st Earl of Sunderland, Spencer inherited his father's peerage dignities at the age of three, becoming Baron Spencer of Wormleighton and Earl of Sunderland...
. In his charge, while declaring in favour of the right of the subject to petition, he gave it as his opinion that the particular petition before the court was improperly worded, and was, in the contemplation of the law, a libel. He failed, however, to pronounce definitely in favour of the dispensing power of the crown. For this omission his dismissal was
afterwards contemplated, and he was probably saved by the difficulty of finding a successor.
In December 1688 the Prince of Orange
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...
caused two impeachments of high treason against Jeffreys
George Jeffreys, 1st Baron Jeffreys
George Jeffreys, 1st Baron Jeffreys of Wem, PC , also known as "The Hanging Judge", was an English judge. He became notable during the reign of King James II, rising to the position of Lord Chancellor .- Early years and education :Jeffreys was born at the family estate of Acton Hall, near Wrexham,...
and Wright to be printed at Exeter
Exeter
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...
. Wright was accused among other offences of taking bribes “to that degree of corruption as is a shame to any court of justice”. He continued to sit in court until the flight of James on 11 Dec. He then sought safety in concealment, and on 10 Jan. 1688-9 addressed a supplicating letter to the Earl of Danby
Thomas Osborne, 1st Duke of Leeds
Thomas Osborne, 1st Duke of Leeds, KG , English statesman , served in a variety of offices under Kings Charles II and William III of England.-Early life, 1632–1674:The son of Sir Edward Osborne, Bart., of Kiveton, Yorkshire, Thomas Osborne...
asserting that he had always opposed popery, and had been compelled to act against his inclinations. His hiding-place in Old Bailey was discovered by Sir William Waller (d. 1699) on 13 February , and he was taken before Sir John Chapman, the Lord Mayor of London, who committed him to Newgate
Newgate Prison
Newgate Prison was a prison in London, at the corner of Newgate Street and Old Bailey just inside the City of London. It was originally located at the site of a gate in the Roman London Wall. The gate/prison was rebuilt in the 12th century, and demolished in 1777...
on the charge that, “being one of the judges of the court of king's bench, he had endeavoured the subversion of the established government by alloweing of a
power to dispence with the laws; and that hee was one of the commissioners for ecclesiastical affairs.” On 6 May he was brought before the House of Lords for his action in regard to the Earl of Devonshire
William Cavendish, 1st Duke of Devonshire
William Cavendish, 1st Duke of Devonshire KG PC was a soldier and Whig statesman, the son of William Cavendish, 3rd Earl of Devonshire and Lady Elizabeth Cecil.-Life:...
: but, although his overruling the earl's plea of privilege and committing him to prison was declared a manifest breach of privilege of parliament, no further action was taken against him. On 18 May he died of fever in Newgate
Newgate Prison
Newgate Prison was a prison in London, at the corner of Newgate Street and Old Bailey just inside the City of London. It was originally located at the site of a gate in the Roman London Wall. The gate/prison was rebuilt in the 12th century, and demolished in 1777...
. In the debate on the act of indemnity on 18 June it was determined to except him from the act in spite of his decease. His name, however, does not appear in the final draft of the act.
Family life
Wright was thrice married. His first wife was Dorothy Moor of Wiggenhall St. Germans in Norfolk. She died in 1662 without issue, and he married, secondly, Susan, daughter of Matthew WrenMatthew Wren
"Matthew Wren" is also a British actor who appeared in BBC children's show Trapped!.Matthew Wren was an influential English clergyman and scholar.-Life:...
, Bishop of Ely
Bishop of Ely
The Bishop of Ely is the Ordinary of the Church of England Diocese of Ely in the Province of Canterbury. The diocese roughly covers the county of Cambridgeshire , together with a section of north-west Norfolk and has its see in the City of Ely, Cambridgeshire, where the seat is located at the...
; and thirdly, Anne, daughter of Sir William Scroggs
William Scroggs
Sir William Scroggs , Lord Chief Justice of England, was the son of an Oxford landowner; an account of him being the son of a butcher of sufficient means to give his son a university education is merely a rumour....
, Lord Chief Justice of England
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,...
. By his second wife he had four daughters and one son, Robert, father of Sir James Wright
James Wright (governor)
James Wright was an American colonial lawyer and jurist who was the last British Royal Governor of the Province of Georgia. He was the only Royal Governor of the Thirteen Colonies to regain control of his colony during the American Revolutionary War.James Wright was born in London to Robert Wright...
. By his third wife he had three daughters. His portrait was painted by John Riley in 1687 and engraved by Robert White.