Michael Foster (English judge)
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Sir Michael Foster (1689–1763) was an English barrister and judge.
Foster was born in Marlborough, Wiltshire 16 December 1689, and attended the free school in Marlborough before enrolling briefly at Exeter College, Oxford before studying law at the Middle Temple. Foster began his legal career in Bristol, where he became a prominent barrister before he was appointed the recorder of Bristol in August 1735 and serjeant-at-law in 1736. Foster served as recorder until his resignation in 1764. In 1745, he was knighted and appointed a puisne judge of the King's Bench. He sat on the King's Bench for 18 years, where he acquired a reputation for learnedness, integrity, and independence of judgment. Foster died in November 1763, aged 73.
Michael Foster was born at Marlborough, Wiltshire, on 16 December 1689.[1][2] His father, Michael Foster,[1] and his grandfather, John Foster, were also lawyers.[2]
After attending the free school in Marlborough, Foster matriculated at Exeter College, Oxford on 7 May 1705,[1][2] but it doesn't appear that he took a degree.[1] Foster was subsequently admitted as a student at the Middle Temple on 23 May 1707,[2] and was called to the bar in May 1713.[1]
Legal and judicial career
Early career
Having had little success in London, Foster returned to Marlborough and then moved to Bristol, where, he gained quite a reputation as a barrister.[1]
Recorder
In August 1735, he was chosen to be the recorder of Bristol[2] and, in spring 1736, became a serjeant-at-law.[1][2] He held the post of recorder until his resignation in 1764.[1] During Foster's tenure in office, several important cases came before him including the case of Goodere and Broadfoot.[1]
In 1741, Captain Samuel Goodere was tried for the murder of his brother, Sir John Dineley Goodere, 2nd Baronet, and the case established that city had the right to try capital offences committed within its jurisdiction.[1]
In the Broadfoot case, Alexander Broadfoot, a crewman on a cargo ship, was indicted for the murder of Cornelius Calahan, a sailor in the navy, who boarded Broadfoot's vessel in an attempt to press Broadfoot into naval service, Foster delivered a long judgment in support of the legality of impressment (conscription), as being in the public interest and a prerogative inherent of the crown, grounded in common law, and recognised by numerous statutes.[1] However, he directed the jury to find Broadfoot guilty only of manslaughter, as Calahan had acted without legal warrant.[1]
Later career and encomiums
On the recommendation of Lord Chancellor Hardwicke, Foster was appointed a puisne judge of the King's Bench to succeed Sir William Chapple.[1] Foster was knighted on 21 April 1745 and took his seat on the bench on 1 May 1745.[1]
During the 18 years, he sat in the King's Bench, he acquired a character for learnedness, integrity, and independence of judgment.[1]
