Thomas Barnardiston (legal writer)
Thomas Barnardiston (1666-1719) was an English barrister and legal writer. He is best known for his publication of reports of cases decided in the Court of Chancery during the reign of Lord Chancellor Hardwicke. However, the accuracy of Barnardiston's reports has been consistently questioned and his name is more often invoked as an example of unreliable legal reporting than as a source of authoritative legal precedent.
Barnardiston was admitted to Lincoln's Inn in 1684 and called to the bar in 1690. Beyond his published reports, little is known about his legal career.
His works include:
- Reports of Cases Argued and Adjudged in the High Court of Chancery (published posthumously). This is the work for which he is most remembered, and criticised. The reports cover the period from 1740 to 1741. Due to their perceived inaccuracies, these reports are often referred to as "Barnardiston's Chancery Reports," or simply as "Barnardiston" with the understanding that the source must be consulted with extreme caution.
- Reports of Cases Argued and Adjudged in the Court of King’s Bench (published posthumously). Similarly, these reports of King's Bench cases are also regarded with skepticism.
The unreliability of Barnardiston's reports stems from several factors, likely including incomplete note-taking, poor understanding of legal principles, and potential errors in transcription and editing during posthumous publication. Subsequent legal writers and judges have frequently cautioned against relying solely on Barnardiston's reports without independent verification from other sources. They are primarily of historical interest, providing a glimpse into the legal arguments and proceedings of the time, but should not be considered definitive statements of the law.