The Barons of the Exchequer, or barones scaccarii, were the judges of the English court known as the Exchequer of Pleas. The Barons consisted of a Chief Baron of the Exchequer and several puisne (inferior) barons. When Robert Shute was appointed second baron in June 1579 the patent declared "he shall be reputed and be of the same order, rank, estimation, dignity and pre-eminence to all intents and purposes as any puisne judge of either of the two other courts."Dugdale, Chronica: series 94; Foss, Judges of England, vol.II, 410. Exchequer of Pleas cases were formally taken by the Chancellor of the Exchequer, but in practice were heard by the Barons of the Exchequer.
The rise of commercial trade in Elizabethan England occasioned fraudulent application of the Quo minus writ. More taxation demanded staff at the exchequer to sift an increase in the case load causing more widespread litigation cases to come to the court. From the 1580s onwards the Barons of Exchequer were no longer held in such low regard, and more likely to be Serjeants-at-law before qualification. The Inns of Courts began to exclude solicitors, and held posts for judges and barons open equally to barristers. In 1591, Regulations reflected a case in which the Lord Keeper Egerton banned solicitors from seeking cases in the Exchequer.
Together they sat as a court of common law, heard suits in the court of equity, and settled revenue disputes. A puisne baron was styled "Mr Baron X" and the chief baron as "Lord Chief Baron X".
They were originally the same judges as those of the Court of King's Bench, only becoming independent positions after the Exchequer's separation from the curia regis.Thomas (1848) p.3 In the early years of the Exchequer's existence, the Barons were the chief auditors of the accounts of England, a role passed to dedicated auditors during the reign of Edward II.Thomas (1848) p.9 With the Exchequer's expansion during the Tudor era, the Barons became more important; where previously only the Chief Baron had been appointed from the serjeants-at-law, with the other Barons mere barristers, it became practice for all Barons of the Exchequer to be Serjeants. This further increased the Exchequer's standing, since for the first time it put the Exchequer at the same level as the Court of Common Pleas and Court of King's Bench, where all judges were already required to be Serjeants.Guth (2008) p.151 Prior to the changes of 1533, Serjeants held precedence over barons "sitting in the high court,...of great eminence". Thereafter they held the degree of coif to qualify at the Inns of Court as the senior court at Westminster.Sir Edward Coke, Preface to Coke's 10th Law Report.
From 1550 to 1579, there was a major distinction between the chief baron and the second, third and fourth puisne barons. The difference was in social status and education. All of the chief barons had been trained as lawyers in the Inns of Court. With the exception of Henry Bradshaw and Sir Clement Higham, both barristers-at-law, all of the chief barons who served Elizabeth I, had attained the highest and most prestigious rank of a lawyer, serjeant-at-law. By 1841, the equitable jurisdiction was transferred to the Court of Chancery, which deals with pecuniary cases.
History By 1272, individuals were nominated to the office of Baron of the Exchequer from time to time: 24 baronial justiciers were appointed by the end of Henry III's reign. From 1278, there were three Barons, with a fourth being appointed in 1296 and a fifth in 1299. By 1308, one of the Barons was recognised as Capitalem Baronem (Chief Baron). Edward I commanded the Exchequer sessions to be held at Hilary term.Rotuli Parliamentorum, ii, 442. By the reforms of the reign of King Richard II, barons were not necessarily qualified special pleaders or serjeants; office was in the gift of the king, and barons were not usually permitted to refuse appointment. From then until 1478, it was recognised that there should be four puisne Barons. One was frequently named as Second Baron and rarely appointments were named as Third Baron and Fourth Baron. From then until 1547, the three puisne barons were always appointed to numbered offices, but in 1549, Edward Saxleby as successor to John Darnall was merely appointed as 'one of the Barons of the Exchequer'. However, he and his successors held the office of Cursitor Baron. An additional Baron was appointed in 1604. The number of puisnes generally remained at three until the 19th century, but there was a fourth from 1708 to 1725 due to John Smith having leave of absence to attend to the office of a Baron of the Scottish Exchequer. A fourth puisne baron was appointed in 1830 and a fifth in 1868.Sir John Sainty (comp.) The Judges of England, 1272–1990: a list of the judges of the Superior courts (Selden Society: Supplementary Series 1993, 10), 103-6.
Puisne barons
1272/3–1283: Roger de la Leye 1272/3–1277: Hervey de BorehamMadox, ii, 28, 320; Calendares Inquisitiones Post Mortem: i, 62. 1273/4: Walter de Hopton 1273/4–1285/6: Roger de Northwood 1273/4: John de St Valerico 1274/5–1283/4: Philip de Wileby 1275/6–1299: John de CobbehamCalendares Inquisitionem Post Mortem, i, 156. 1283/4–1290/1: Peter de Chester 1284/5: William de Middleton 1290/1–1307: William de Carleton later Chief Baron of the Exchequer 1290/1: Peter de Leicester 1294–1312: John de Everdon 1295–1307; 1313–1320: John de Insula 1297/8–1307: Roger de Hegham 1299–1317: Richard de Abyngdon 1306–1307; 1324–1327: Humfrey de Waledene 1307–1310: Thomas de CantebrigNew Foedera: i, 934; ii, 15, 175, 273, 333; Madox, ii, 58. 1307–1308: John de Bankwell 1307–1323: John de Everdon 1308–1317: Richard de Abyngdon 1309–: John de Foxle 1310–: Roger de Scotre 1311: Walter de Gloucester 1311–1314: Walter de Norwich 1314–1316: Hervey de Staunton 1315–1320: John Abel (for a second time) 1316–1318: Ingelard de Warlee 1317–: John de Oakham 1318–1323: Robert de Wodehouse 1320–1324: Lambert de Trikingham 1320–: Walter de Friskeney 1322–1326: Roger Belerleft office because he was murdered on the road to Leicester. Madox, ii, 60; Abbreviatio Placitorum Origines, ii, 6, 171. 1323–1327: William de Fulburn 1323–: Edmund de Passele 1324–1332: Robert de Ayleston 1324–1336: William de EverdonNicholas Madox, Writs of the Exchequer: ii, 267-269.; Nisi Foedera, ii, 1005; Foss, The Judges of England, iii, 427. 1324–: Humfrey de Waledene 1326–: John de Radeswell Feb 4, 1327 – Oct 15, 1327: William de BoudonParliamentary Writs, ii, P; ii, 527. 1327–: Robert de NottinghamParliamentary Writs, ii, P, ii, 194. 1329–1331: Robert de Wodehouse 1330–1332: Robert de Aylston 1330–1344: William de CossaleCalendares Rotuli Parliamentorum, 106; Rotuli Origines, ii, 78, 81. 1331–1332: Thomas de Garton 1332–: Adam de SteyngraveDugdale, Chronica Series 1332–: William de DenumAbbreviatio Placitorum; Rotuli Origines, ii, 91, 261. 1332–: Thomas de BlastonAbbreviatio Placitorum; Rotuli Origines, i, 39; ii, 17; Rotuli Parliamentorum, ii, 105. 1332–1336: Robert de ScorburghWalter Dugdale, Origines: 102. 1332–1334: John de Hildesley 1334–: Adam de Lymbergh 1336–: Nicholas de Haghman 1336–: John de ShordichCalendares Rotuli Patentum, 126. 1339–1340: William de la Pole 1340–: William de NorthwellKalendaris Exchequer: i, 165. 1341–: William de BroclesbyAbbreviatio Placitorum; Rotuli Origenes, ii, 91, 192, 205, 219; Rotuli Parliamentorum, ii, 453. 1341–1350: Gervase de Wilford 1344–1352: Alan de Ashe 1346–1348: William de Stowe 1347–1357: John de Houghton 1350–: James Huse 1352–1356: William de Thorpe 1354–1375: William de RetfordAbbreviatio Placitorum; Rotuli Origines, ii, 205. 1356–1365: Henry de Greystock 1357–1362: John de Bukyngham 1362–1373: Robert de Pleste 1365–1375: Almaric de ShirlandWilliam Devon, Issue Roll: 44 Edw. III., 112, 346; Calendar Inquisition Post Mortem, ii, 315. 1365–1376: John de StokesDevon, Issue Roll, 133, 209, 256. 1373–: William Gunthorp 1374–1377: John de BlockleyCalendares Rotuli Patentum, 189. 1375–1377: John Penros 1375–1401: Laurence de Allerthorpe Jun 1377 – Oct 1377: Henry de Percehay 1377–?: Nicholas de Drayton 1383–1386: Robert de Plessyngton 1384–1403: William FordLiberate Roll 5 Henry IV (1404); Foss, The Judges of England, vol.III, 135. 1389–1394: William Dounebrigge 1393–1399: Ralph de SelbyKalendars of the Exchequer, iii, 302; Foss, Judges of England, 88. 1399–1401: Thomas Ferriby 1399: John Staverton 1401–1403: Thomas de Tuttlebury 1401–1402: William Ermyn 1402–1412: Thomas Overton 1403–1423: Roger Westwode 1407: Henry Merston 1407–1423: Henry Somer 1410–1416: Richard Banke 1413–1422: Robert Malton 1421–1424: William Hesill 1423–1448: Nicholas Dixon 1423–: Thomas Banstre 1424–: Thomas Banke 26 May 1426–1 Oct 1426: William Ward 1426–1435: John Fray 1435–1438: William Derby 1436–1453: William Fallan 1438–1444: Roger Hunt 1438–1449: Thomas Levesham 1444–1456: Robert Frampton1446; Common Pleas record: http://aalt.law.uh.edu/AALT1/H6/CP40no740/bCP40no740dorses/IMG_1156.htm 1446–1449: John Holme 1447–1449: Gilbert Haltoft 1449–1470: John Durem 1453–1461: Thomas Thorpe 1458–70; 1471–94: Brian Roucliffe8 Note; Sir William Dugdale: Chronica Series; Calendares Rotuli Patentum: 300, 316. 1460–1470; 1471–81: John Clerke 1462–1467; 1470–1471: John Ingoldesby 1467–70; 1478–83: Ralph Wolseley 1467–: Nicholas Statham 1481–1483: Thomas Whitington 1483–1494: Edward GoldsburghCollins, Peerage: ii, 444; Plumpton Correspondence: lxxxiii, 8. 1484–1487: John Holgrave 1487–1502: Nicholas LathellRotuli Parliamentorum: v, 472, 529; vi, 97; Red Book of Exchequer 1488–1504: Thomas Roche 1494–1496: Thomas Barnewell 1496–1501: Andrew Dymock 1501–1521: Bartholomew Westby 1502–1513: William Bolling 1504–1513: John Alleyn 1511–1523: Robert BlaggeCalendar of State Papers, 1509, 263. 1513–1522: Edmund Denny 1521–1527: William Wotton 1522–1539: John Hales 1523–1536: William Ellis 1527–1538: John Petit 1528–1532: John Scott 1532–1538: John Petit 1536–1542: Thomas Walshe 1538–1540: John Danaster 1539–1547: John Smith 1540–1549: Nicholas Luke 1542–1545: Lewis Fortescue 1545–1548: John Pilborough 1547–1550: Robert Curson 1548–1549: John Darnall 1549–1562: Edward Saxilby 1550–1558: Robert Brown 1559–1579: George Frevile 1562–1566: Thomas PymmeRotuli Patentum, 4 Eliz., p.2; Foss, vol.V, p.534. 1564–1572: John Birch 1566–1576: James Lord 1576–1577: Thomas Greek 1577–1579: Christopher Muschampe 1579–1586: Robert Shute of Hockington, co. CambridgeThe Orlebar Chronicles in Bedfordshire and Northamptonshire, 1553–1733, or the Children of the Manorhouse and their Posterity; by Frederica St. John Orlebar. Pub. Mitchell Hughes and Clarke, London, 1930. Back Matter, page 316 – Orlebar Pedigree: ... Jane, daughter of Robert Shute of Hockington, co. Cambridge (ancestor of Barrington Viscounts (Ireland, c.1720); Baron of the Exchequer 1579). 1579–1606: John Sotherton 1581–1584: John Clench 1584–1587: Edward Flowerdew 1586–1594: Thomas Gent 1587–1607: Robert Clarke 1594–1598: Matthew Ewens 1598–1607: Sir John Savile 1604–1625: George Snigg 1607–1617: Sir James Altham 1607–1610: Edward Heron 1610–1627: Edward Bromley 1617–1639: John Denham 1625–: Thomas Trevor 1627–1631: George Vernon 1631–1634: James Weston 1634–: Richard Weston 1639–1642: Edward Henden 1645–1659; 1660–1670: Edward Atkyns 1648–: Thomas Gates 1655: Robert Nicolas 1656: John Parker 1657: Roger Hill 1660–1675: Christopher Turnor 1663–1670: Sir Richard Raynsford 1670–1679: Timothy Lyttelton 1670–1673: Hugh Wyndham 1673–1679: Edward Thurlanddismissed a suspected Papist. 1675–1678: Vere Bertiedismissed a suspected Papist. 1678–1679: Francis Bramstondismissed a suspected Papist. Foss, Biographia Juridica, 117-118. 1679–1686: William Gregory 1679–1686: Sir Edward Atkyns 8 May 1679 – 22 June 1679: William Leeke 1679–1680: Thomas Raymond 1680–1681: Richard Weston 1681–1684: Sir Thomas Street 1684–1685: Sir Robert Wright 1685–1691: Edward Nevill 1686–1688: Thomas Jenner