Samuel Eyre
Encyclopedia
Sir Samuel Eyre was an English judge
.
Eyre came of a legal family, his grandfather, Robert, having been a bencher and reader of Lincoln's Inn
, and his father being a barrister
, Robert Eyre of Salisbury and Chilhampton, who married Anne, daughter of Samuel Aldersey of Aldersey in Cheshire. He was baptised on 16 March 1638 and was educated at Wadham College, Oxford
, matriculating on 9 December 1653. The June after Eyre left Wadham, he was admitted to Lincoln's Inn. After studying for seven years, he was called to the bar at Lincoln's Inn in June 1661, becoming a qualified barrister
.
Under the patronage of the Earl of Shaftesbury
, whose adviser he was, he attained some professional eminence. He was made a serjeant
on 21 April 1692, and succeeded Justice Dolben on the King's Bench
on 6 February 1694, although was not sworn in until 22 February. Eyre was knighted as a result of being promoted to the Bench. When Charles Knollys's claim to the earldom of Banbury
came before the House of Lords
in 1698, Eyre was called on, along with Chief Justice Holt, to state to the house the grounds upon which he had given judgment in favour of Knollys, who being tried in the king's bench in 1694 for murder had pleaded his privilege as a peer
. This the two judges refused to do, the matter not coming before the house on writ of error from the King's Bench. They were threatened with committal to the Tower
, but the matter dropped. Eyre died on circuit at Lancaster of an attack of colic
on 12 September 1698. A monument was erected at Lancaster to him, and his body was removed to St. Thomas's, Salisbury, the family burial-place, on 2 July 1699. He married Martha, daughter of Francis, fifth son of Sir Thomas Lucy of Charlecote, Worcestershire, by whom he had four sons (the eldest, Sir Robert Eyre
, was judge of the queen's bench) and two daughters. His wife brought him considerable property.
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...
.
Eyre came of a legal family, his grandfather, Robert, having been a bencher and reader of 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 father being a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, Robert Eyre of Salisbury and Chilhampton, who married Anne, daughter of Samuel Aldersey of Aldersey in Cheshire. He was baptised on 16 March 1638 and was educated at Wadham College, Oxford
Wadham College, Oxford
Wadham College is one of the constituent colleges of the University of Oxford in the United Kingdom, located at the southern end of Parks Road in central Oxford. It was founded by Nicholas and Dorothy Wadham, wealthy Somerset landowners, during the reign of King James I...
, matriculating on 9 December 1653. The June after Eyre left Wadham, he was admitted to Lincoln's Inn. After studying for seven years, he was called to the bar at Lincoln's Inn in June 1661, becoming a qualified barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
.
Under the patronage of the Earl of Shaftesbury
Anthony Ashley Cooper, 1st Earl of Shaftesbury
Anthony Ashley Cooper, 1st Earl of Shaftesbury PC , known as Anthony Ashley Cooper from 1621 to 1631, as Sir Anthony Ashley Cooper, 2nd Baronet from 1631 to 1661, and as The Lord Ashley from 1661 to 1672, was a prominent English politician during the Interregnum and during the reign of King Charles...
, whose adviser he was, he attained some professional eminence. He was made a serjeant
Serjeant
Serjeant may be:*The holder of a serjeanty, a type of feudal land-holding in England*A generally obsolete spelling of Sergeant, although still used in some English regiments, and for Serjeant-at-Arms...
on 21 April 1692, and succeeded Justice Dolben on 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...
on 6 February 1694, although was not sworn in until 22 February. Eyre was knighted as a result of being promoted to the Bench. When Charles Knollys's claim to the earldom of Banbury
Earl of Banbury
Earl of Banbury was a title in the Peerage of England. It was created in 1626 for William Knollys. He had already been created Baron Knollys in 1603 and Viscount Wallingford in 1616, both in the Peerage of England. The titles are considered to have become extinct on his death in 1632. However, the...
came before the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
in 1698, Eyre was called on, along with Chief Justice Holt, to state to the house the grounds upon which he had given judgment in favour of Knollys, who being tried in the king's bench in 1694 for murder had pleaded his privilege as a peer
Privilege of Peerage
The privilege of peerage is the body of special privileges belonging to members of the British peerage. It is distinct from Parliamentary privilege, which applies only to those peers serving in the House of Lords and the members of the House of Commons, while Parliament is in session and forty days...
. This the two judges refused to do, the matter not coming before the house on writ of error from the King's Bench. They were threatened with committal to the Tower
Tower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
, but the matter dropped. Eyre died on circuit at Lancaster of an attack of colic
Colic
Colic is a form of pain which starts and stops abruptly. Types include:*Baby colic, a condition, usually in infants, characterized by incessant crying*Renal colic, a pain in the flank, characteristic of kidney stones...
on 12 September 1698. A monument was erected at Lancaster to him, and his body was removed to St. Thomas's, Salisbury, the family burial-place, on 2 July 1699. He married Martha, daughter of Francis, fifth son of Sir Thomas Lucy of Charlecote, Worcestershire, by whom he had four sons (the eldest, Sir Robert Eyre
Robert Eyre
Sir Robert Eyre was an English lawyer, who served as Solicitor-General and then as a judge, ultimately as Chief Justice of the Common Pleas.-Family:...
, was judge of the queen's bench) and two daughters. His wife brought him considerable property.