Robert Heath
Encyclopedia
Sir Robert Heath was an English lawyer and judge.
from age 14 and Clifford's Inn
from age 17; and became a barrister of the Inner Temple
in 1603. He was an MP
for the City of London
in 1620, and became solicitor-general
in 1621, when he was knighted. He was MP for East Grinstead
in 1623 and 1625.
as Attorney General
, from 1625. He owed his appointment to the influence of the Duke of Buckingham
. Despite a reputation as a shadowy, opaque figure, records show him able to argue shrewdly and independently in order to reduce problems for the Crown.
He brought a 1625 case in the Exchequer Court for the High Peak lead miners against Francis Leke
who claimed a tithe
from them. Through the offices of Heath the tithe right was eventually transferred, in a possibly corrupt way, to Christian Cavendish, Countess of Devonshire
. From 1629 he was taking an entrepreneurial interest in the lead mines of Derbyshire
, engaging Sir Cornelius Vermuyden as partner in a major drainage operation at Wirksworth
, at the ore-rich Dovegang Rake.
He argued for the Crown in Darnel's Case (the Five Knights' Case) of 1627. The judges rejected his argument on absolute prerogative
; and a scandal blighted his reputation the following year, when it was revealed, or alleged, by John Selden
that he had interfered with the King's Bench records (a felony), in order to promote the decision in the case to a binding precedent (an interpretation that has recently been disputed). The agitation caused by the business was of major importance for the formulation of the Petition of Right
.
He notionally founded both North Carolina
and South Carolina
. He was on a commission to consider the tobacco
trade with Virginia
in 1627-8. In 1629 he was awarded a patent for the Province of Carolina
; but in fact he made no settlements there. The grant also mentioned the Bahamas, the beginning of their colonial history.
. In religion he was a Calvinist and anti-Arminian; he had shown some leniency in the Star Chamber
case against the iconoclast and extremist Henry Sherfield
. Another theory relates to corruption. On the other hand this is not accepted by Thomas G. Barnes, who argues that Heath with Robert Shilton had displeased the King, and on an old matter: plantations in Ulster
and the obligations of the City of London
in an agreement made under James I, as interpreted in a lax fashion by the law officers of the Crown (Heath as Attorney General, Shilton as Solicitor General). The matter surfaced in a Star Chamber case in mid-1634. The King dismissed Heath with conditions making sure he could not join the defence team in this case.
Heath returned to his practice as a barrister. His reputation as pro-Puritan, anti-Laudian did him no harm with the Long Parliament
when Charles brought him back as a judge, making him Lord Chief Justice.
One of his cases as Lord Chief Justice during the First English Civil War
led to his downfall. In 1642 he tried Captain Turpin, a blockade-runner, at Exeter
. A year later, Sir John Berkeley
, the royalist Governor of Exeter, carried out the death sentence on Turpin, as retaliation for the hanging of a Parliamentary commander who had defected to the King. Heath was impeached by Parliament for high treason
in 1644. He fled England, and died in Calais
.
Early life
He was educated at Tunbridge Wells grammar school, St John's College, CambridgeSt John's College, Cambridge
St John's College is a constituent college of the University of Cambridge. The college's alumni include nine Nobel Prize winners, six Prime Ministers, three archbishops, at least two princes, and three Saints....
from age 14 and Clifford's Inn
Clifford's Inn
Clifford's Inn was an Inn of Chancery which is located between Fetter Lane and Clifford's Inn Passage, leading off Fleet Street, EC4.Founded in 1344 and dissolved in 1903, most of the original structure was demolished in 1934...
from age 17; and became a barrister of the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1603. He was an MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for the City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
in 1620, and became solicitor-general
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
in 1621, when he was knighted. He was MP for East Grinstead
East Grinstead (UK Parliament constituency)
East Grinstead was a parliamentary constituency in the Kingdom of England, the Kingdom of Great Britain, and the United Kingdom. It first existed as a Parliamentary borough from 1307, returning two Members of Parliament to the House of Commons elected by the bloc vote system...
in 1623 and 1625.
Attorney general
He served King Charles I of EnglandCharles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
as Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
, from 1625. He owed his appointment to the influence of the Duke of Buckingham
George Villiers, 1st Duke of Buckingham
George Villiers, 1st Duke of Buckingham KG was the favourite, claimed by some to be the lover, of King James I of England. Despite a very patchy political and military record, he remained at the height of royal favour for the first two years of the reign of Charles I, until he was assassinated...
. Despite a reputation as a shadowy, opaque figure, records show him able to argue shrewdly and independently in order to reduce problems for the Crown.
He brought a 1625 case in the Exchequer Court for the High Peak lead miners against Francis Leke
Francis Leke, 1st Earl of Scarsdale
Francis Leke, 1st Earl of Scarsdale fought for the Royalist cause in the English Civil War.-Biography:Francis Leke, of Sutton was the son and heir of Sir Francis Leke by his first wife, Frances, daughter and co-heir of Robert Swifte of Bayton, and Ellen his wife, daughter and heir of Nicholas...
who claimed a tithe
Tithe
A tithe is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash, cheques, or stocks, whereas historically tithes were required and paid in kind, such as agricultural products...
from them. Through the offices of Heath the tithe right was eventually transferred, in a possibly corrupt way, to Christian Cavendish, Countess of Devonshire
Christian Cavendish, Countess of Devonshire
Christian Cavendish, Countess of Devonshire was an influential Anglo-Scottish landowner and royalist.-Life:She was the daughter of Edward Bruce, 1st Lord Kinloss. In token of her father's services she received, on her marriage to William Cavendish from King James I a grant of £10,000...
. From 1629 he was taking an entrepreneurial interest in the lead mines of Derbyshire
Derbyshire
Derbyshire is a county in the East Midlands of England. A substantial portion of the Peak District National Park lies within Derbyshire. The northern part of Derbyshire overlaps with the Pennines, a famous chain of hills and mountains. The county contains within its boundary of approx...
, engaging Sir Cornelius Vermuyden as partner in a major drainage operation at Wirksworth
Wirksworth
Wirksworth is a small market town in Derbyshire, England, with a population of over 9,000.The population of the Wirksworth area including Cromford, Bolehill and Middleton-by-Wirksworth is about 12,000. Wirksworth is listed in the Domesday Book in 1086. Within it is the source of the River...
, at the ore-rich Dovegang Rake.
He argued for the Crown in Darnel's Case (the Five Knights' Case) of 1627. The judges rejected his argument on absolute prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
; and a scandal blighted his reputation the following year, when it was revealed, or alleged, by John Selden
John Selden
John Selden was an English jurist and a scholar of England's ancient laws and constitution and scholar of Jewish law...
that he had interfered with the King's Bench records (a felony), in order to promote the decision in the case to a binding precedent (an interpretation that has recently been disputed). The agitation caused by the business was of major importance for the formulation of the Petition of Right
Petition of right
In English law, a petition of right was a remedy available to subjects to recover property from the Crown.Before the Crown Proceedings Act 1947, the British Crown could not be sued in contract...
.
He notionally founded both North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
and South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
. He was on a commission to consider the tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
trade with Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
in 1627-8. In 1629 he was awarded a patent for the Province of Carolina
Province of Carolina
The Province of Carolina, originally chartered in 1629, was an English and later British colony of North America. Because the original Heath charter was unrealized and was ruled invalid, a new charter was issued to a group of eight English noblemen, the Lords Proprietors, in 1663...
; but in fact he made no settlements there. The grant also mentioned the Bahamas, the beginning of their colonial history.
Judge
He became Chief Justice of the Court of Common Pleas in 1631. He lost this position, however, in September 1634. One theory why is that his religious stance had led him to oppose William LaudWilliam Laud
William Laud was Archbishop of Canterbury from 1633 to 1645. One of the High Church Caroline divines, he opposed radical forms of Puritanism...
. In religion he was a Calvinist and anti-Arminian; he had shown some leniency in the Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
case against the iconoclast and extremist Henry Sherfield
Henry Sherfield
Henry Sherfield was an English lawyer, a Member of Parliament for Salisbury in 1623 and 1626. Of Puritan views, he was an iconoclast, and was taken through a celebrated court case.-Life:...
. Another theory relates to corruption. On the other hand this is not accepted by Thomas G. Barnes, who argues that Heath with Robert Shilton had displeased the King, and on an old matter: plantations in Ulster
Ulster
Ulster is one of the four provinces of Ireland, located in the north of the island. In ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial...
and the obligations of the City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
in an agreement made under James I, as interpreted in a lax fashion by the law officers of the Crown (Heath as Attorney General, Shilton as Solicitor General). The matter surfaced in a Star Chamber case in mid-1634. The King dismissed Heath with conditions making sure he could not join the defence team in this case.
Heath returned to his practice as a barrister. His reputation as pro-Puritan, anti-Laudian did him no harm with the Long Parliament
Long Parliament
The Long Parliament was made on 3 November 1640, following the Bishops' Wars. It received its name from the fact that through an Act of Parliament, it could only be dissolved with the agreement of the members, and those members did not agree to its dissolution until after the English Civil War and...
when Charles brought him back as a judge, making him Lord Chief Justice.
One of his cases as Lord Chief Justice during the First English Civil War
First English Civil War
The First English Civil War began the series of three wars known as the English Civil War . "The English Civil War" was a series of armed conflicts and political machinations that took place between Parliamentarians and Royalists from 1642 until 1651, and includes the Second English Civil War and...
led to his downfall. In 1642 he tried Captain Turpin, a blockade-runner, at Exeter
Exeter
Exeter is a historic city in Devon, England. It lies within the ceremonial county of Devon, of which it is the county town as well as the home of Devon County Council. Currently the administrative area has the status of a non-metropolitan district, and is therefore under the administration of the...
. A year later, Sir John Berkeley
John Berkeley, 1st Baron Berkeley of Stratton
John Berkeley, 1st Baron Berkeley of Stratton was an English royalist soldier. From 1648 he was closely associated with James, Duke of York, and rose to prominence, fortune and fame.-First English Civil War:...
, the royalist Governor of Exeter, carried out the death sentence on Turpin, as retaliation for the hanging of a Parliamentary commander who had defected to the King. Heath was impeached by Parliament for high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
in 1644. He fled England, and died in Calais
Calais
Calais is a town in Northern France in the department of Pas-de-Calais, of which it is a sub-prefecture. Although Calais is by far the largest city in Pas-de-Calais, the department's capital is its third-largest city of Arras....
.
External links
- Paul E. Kopperman, ‘Heath, Sir Robert (1575–1649)’, Oxford Dictionary of National Biography, Oxford University PressOxford University PressOxford University Press is the largest university press in the world. It is a department of the University of Oxford and is governed by a group of 15 academics appointed by the Vice-Chancellor known as the Delegates of the Press. They are headed by the Secretary to the Delegates, who serves as...
, September 2004; online edn, Oct 2006, accessed 4 June 2007 - St John's College Biography