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| Sir Robert Foster | |
|---|---|
| Name | Sir Robert Foster |
| Honorific prefix | Sir |
| Birth date | c. 1589 |
| Death date | 1663 |
| Occupation | Judge, Chief Justice |
| Known for | Chief Justice of the Court of Common Pleas; Royalist jurist |
| Nationality | English |
Sir Robert Foster
Sir Robert Foster was an English jurist who served as Chief Justice of the Court of Common Pleas during the tumultuous years leading into the English Civil War. Noted for his conservative legalism and vocal defence of royal prerogative, Foster's rulings and actions placed him at the centre of high-profile political-legal conflicts involving figures such as John Pym, Sir Edward Coke, and King Charles I. His career, prosecution, exile, and later return illuminate tensions among the House of Commons, the House of Lords, and the Crown in seventeenth-century England.
Born circa 1589 to a gentry family in Yorkshire, Foster matriculated at Christ's College, Cambridge before entering the legal profession at Middle Temple. His contemporaries at Cambridge included students who later emerged in the circles of Francis Bacon and William Laud. At Middle Temple he studied under barristers influenced by the legacy of Sir Edward Coke and the evolving common law traditions shaped by cases like Case of Prohibitions and debates surrounding the Star Chamber. Foster progressed through the Inns system alongside peers who would serve in the Long Parliament and the judiciary.
Called to the bar in the early 1610s, Foster built a reputation as a diligent pleader and became known in assize circuits around York and Lancaster. He served as a recorder and later was appointed a Serjeant-at-Law, advancing within networks tied to Charles I's legal patronage and the royal administration. His written opinions and courtroom demeanor brought him to the attention of leading ministers such as Thomas Wentworth, 1st Earl of Strafford and ecclesiastical figures associated with William Laud. Foster's alignment with the Crown's legal perspective contrasted with advocates like John Pym and Oliver St John, who pressed parliamentary assertions of privilege and rights.
Appointed Chief Justice of the Court of Common Pleas in 1642, Foster succeeded jurists whose precedents were shaped by cases like Dr. Bonham's Case and the jurisprudence of Sir Edward Coke. In the Common Pleas, Foster presided over civil writs and disputes between subjects, but his tenure quickly became politicized. He handed down judgments supporting royal exemptions and summonses to the Star Chamber, aligning with positions defended by Lord Cottington and advisors close to King Charles I. His courtroom rulings intersected with parliamentary concerns that produced measures such as the Grand Remonstrance and triggered confrontations with figures from the Long Parliament including Denzil Holles.
As the conflict between Crown and Parliament escalated into the First English Civil War, Foster openly joined the Royalist cause, providing legal counsel that justified commands issued by Charles I and the royal commissions of array. He collaborated with Royalist legalists who advised on martial law, property sequestration, and the legal basis for raising troops, including allies linked to Prince Rupert of the Rhine and Sir Nicholas Byron. Foster's loyalty drew criticism and legal challenge from parliamentary committees and military governors in contested towns like Oxford and York. Parliamentary leaders such as John Hampden and Arthur Haselrig cited his judgments when arguing for impeachment and the reform of judges perceived as instruments of royal prerogative.
Following Royalist defeats and the ascendancy of the Parliamentary forces under commanders like Sir Thomas Fairfax and political figures including Oliver Cromwell, Foster was impeached by the Commons for high crimes and misdemeanors. Denounced for his support of the late king and his role in contentious rulings, he was stripped of office and faced imprisonment before escaping or departing into exile along routes frequented by royalists headed to The Hague and Paris. In exile Foster associated with émigré courts and legal scholars sympathetic to the Stuart cause, maintaining correspondence with supporters such as Edward Hyde, 1st Earl of Clarendon. After the Restoration of Charles II Foster returned to England but did not resume high judicial office; he received limited restoration of honors and lived on estates purchased before the wars, engaging in legal writing and private consultations until his death in 1663.
Historians assess Foster as emblematic of judges whose careers were bound to the Stuart monarchy and whose jurisprudence emphasized continuity of royal prerogative against emergent parliamentary authority. His decisions are cited in studies of judicial behavior during constitutional crises alongside legal figures like Sir Henry Hobart and Sir Thomas Richardson. Debates over Foster's motives—whether principled legalism or partisan loyalty—feature in scholarship on the English Revolution, the development of common law, and the transformation of the judiciary in the seventeenth century. His life intersects with major events and personalities of the era and remains a touchstone in analyses of law and politics during the reigns of James I and Charles I.
Category:17th-century English judges Category:People of the English Civil War Category:Chief Justices of the Common Pleas