Thomas Starkie
Encyclopedia
Thomas Starkie was an English
lawyer
and jurist
. A talented mathematician
in his youth, he especially contributed to the unsuccessful attempts to codify the English criminal law
in the nineteenth century.
, Thomas was the eldest son of the Rev. Thomas Starkie, vicar
of Blackburn, and his wife, Ann née Yatman. He was educated at Clitheroe Royal Grammar School
and St John's College, Cambridge
, from where he graduated
in 1803 as senior wrangler and first Smith's prize
man. In the same year, he became a fellow of St Catharine's College, Cambridge
. In 1812 he married Lucy, eldest daughter of Rev. Thomas Dunham Whitaker
which entailed that he resign his fellowship. The couple went on to parent five children.
as a pupil
of Joseph Chitty
and was called to the bar in 1810, proceeding to practise as a special pleader
as well as on the northern circuit, and becoming a QC
.
In 1823 he became Downing Professor
of law at Cambridge
though he had little success in attracting pupils with his poor presentations, a fate shared with his contemporary John Austin. He repeated his failure at the Inner Temple
in 1833. However, in 1833, Starkie was appointed to the royal commission
on a proposed English Criminal Code
and spent the rest of his life on various commissions on reform and codification of the criminal law. He was not always popular with his colleagues, Henry Bellenden Ker calling him "childish" and "desultory and wayward".
He was also a sometime law report
er and author of the influential texts: A Practical Treatise on the Law of Slander, Libel, and Incidentally of Malicious Prosecutions (1812) and A Practical Treatise on the Law of Evidence (1824). In 1847, Starkie became a judge
in the Clerkenwell
small-debts court.
He died in his rooms in Downing College, Cambridge
.
and he opposed the Catholic Relief Act 1829
. However, in 1840 he unsuccessfully stood as a Liberal Party
candidate in Cambridge
.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
. A talented mathematician
Mathematician
A mathematician is a person whose primary area of study is the field of mathematics. Mathematicians are concerned with quantity, structure, space, and change....
in his youth, he especially contributed to the unsuccessful attempts to codify the English criminal law
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...
in the nineteenth century.
Early life
Born Blackburn, LancashireLancashire
Lancashire is a non-metropolitan county of historic origin in the North West of England. It takes its name from the city of Lancaster, and is sometimes known as the County of Lancaster. Although Lancaster is still considered to be the county town, Lancashire County Council is based in Preston...
, Thomas was the eldest son of the Rev. Thomas Starkie, vicar
Vicar
In the broadest sense, a vicar is a representative, deputy or substitute; anyone acting "in the person of" or agent for a superior . In this sense, the title is comparable to lieutenant...
of Blackburn, and his wife, Ann née Yatman. He was educated at Clitheroe Royal Grammar School
Clitheroe Royal Grammar School
See Royal Grammar School for the other schools with the name RGS.Clitheroe Royal Grammar School is a co-educational secondary school in Clitheroe, Lancashire that used to be an all boys school...
and St John's College, Cambridge
St John's College, Cambridge
St John's College is a constituent college of the University of Cambridge. The college's alumni include nine Nobel Prize winners, six Prime Ministers, three archbishops, at least two princes, and three Saints....
, from where he graduated
Graduation
Graduation is the action of receiving or conferring an academic degree or the ceremony that is sometimes associated, where students become Graduates. Before the graduation, candidates are referred to as Graduands. The date of graduation is often called degree day. The graduation itself is also...
in 1803 as senior wrangler and first Smith's prize
Smith's Prize
The Smith's Prize was the name of each of two prizes awarded annually to two research students in theoretical Physics, mathematics and applied mathematics at the University of Cambridge, Cambridge, England.- History :...
man. In the same year, he became a fellow of St Catharine's College, Cambridge
St Catharine's College, Cambridge
St. Catharine’s College is a constituent college of the University of Cambridge. Founded in 1473, the college is often referred to informally by the nickname "Catz".-History:...
. In 1812 he married Lucy, eldest daughter of Rev. Thomas Dunham Whitaker
Thomas Dunham Whitaker
Thomas Dunham Whitaker was an English clergyman and topographer.-Life:Born at Rainham on 8 June 1759, he was son of William Whitaker , curate of Rainham, Norfolk, by his wife Lucy, daughter of Robert Dunham, and widow of Ambrose Allen...
which entailed that he resign his fellowship. The couple went on to parent five children.
Legal practice
Starkie 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...
as a pupil
Pupillage
A pupillage, in England and Wales, Northern Ireland and Ireland, is the barrister's equivalent of the training contract that a solicitor undertakes...
of Joseph Chitty
Joseph Chitty (the elder)
Joseph Chitty was an English lawyer and legal writer, author of some of the earliest practitioners' texts and founder of an important dynasty of lawyers.-Life and practice:...
and was called to the bar in 1810, proceeding to practise as a special pleader
Special pleader
A special pleader was a historial legal occupation. The practitioner, or "special pleader" in English law specialised in drafting "pleadings", in modern terminology statements of case.-History:...
as well as on the northern circuit, and becoming a QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
.
In 1823 he became Downing Professor
Downing Professor of the Laws of England
The Downing Professorship of the Laws of England is one of the senior professorships in law at the University of Cambridge.The chair was founded in 1800 as a bequest of Sir George Downing, the founder of Downing College, Cambridge. The professorship was originally attached solely to Downing College...
of law at 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...
though he had little success in attracting pupils with his poor presentations, a fate shared with his contemporary John Austin. He repeated his failure at the Inner Temple
Inner 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 1833. However, in 1833, Starkie was appointed to the royal commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
on a proposed English Criminal Code
English Criminal Code
The jurisdiction of England and Wales does not have a Criminal Code though such an instrument has been often recommended and attempted. , the Law Commission is again working on the Code.-History:...
and spent the rest of his life on various commissions on reform and codification of the criminal law. He was not always popular with his colleagues, Henry Bellenden Ker calling him "childish" and "desultory and wayward".
He was also a sometime law report
Law report
Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.The term reporter was...
er and author of the influential texts: A Practical Treatise on the Law of Slander, Libel, and Incidentally of Malicious Prosecutions (1812) and A Practical Treatise on the Law of Evidence (1824). In 1847, Starkie 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 the 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...
small-debts court.
He died in his rooms in Downing College, Cambridge
Downing College, Cambridge
Downing College is a constituent college of the University of Cambridge. The college was founded in 1800 and currently has around 650 students.- History :...
.
Politics
Starkie's instincts were ToryTory
Toryism is a traditionalist and conservative political philosophy which grew out of the Cavalier faction in the Wars of the Three Kingdoms. It is a prominent ideology in the politics of the United Kingdom, but also features in parts of The Commonwealth, particularly in Canada...
and he opposed the Catholic Relief Act 1829
Catholic Relief Act 1829
The Roman Catholic Relief Act 1829 was passed by the Parliament of the United Kingdom on 24 March 1829, and received Royal Assent on 13 April. It was the culmination of the process of Catholic Emancipation throughout the nation...
. However, in 1840 he unsuccessfully stood as a Liberal Party
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
candidate in Cambridge
Cambridge (UK Parliament constituency)
Cambridge is a parliamentary constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first-past-the-post voting system....
.