Sir Richard Hutton
Encyclopedia
Sir Richard Hutton was a Yorkshire landowner and judge who defied Charles I
over ship money
.
Hutton was the younger brother of Sir William Hutton and son of Anthony Hutton. Born and brought up at Hutton Hall in Penrith, Cumbria
, he went to Jesus College, Cambridge
to study divinity but aged 20 headed to London
to pursue a career in law. He was called to the bar in 1586 and was made a serjeant-at-law
in 1603 under Elizabeth I. At this time, Hutton bought the estate at Goldsborough
, near Knaresborough
, North Yorkshire
from the Goldsborough
family, whose original thatched moated manor house had been destroyed after a quarrel over succession. Sir Richard Hutton bought out the claimants to the estate and built the present Goldsborough Hall
to the south east of the village on raised ground close to the church, as a fine example of Jacobean architecture
(now privately owned and not open to the public).
Sir Richard married Agnes Briggs of Cawmire, Westmorland
in 1591, the daughter and heiress of Thomas Briggs of Cawmire. They had four sons and five daughters. His second son, Sir Richard Hutton, the younger
(1617–1645), succeeded him after the death of his eldest son, Christopher, aged 24, who died after a sea voyage.
Hutton kept a diary from 1614 until his death in 1639 which was edited by W R Prest
at the University of Adelaide
. He was made Recorder of York
in 1608, Doncaster
in 1609 and Ripon
in 1610. He held these offices until 1617 when he was knighted by King James I on a visit to York
and made judge of the Court of Common Pleas (England)
. Hutton was well thought of under Charles I
and became acting Chief Justice of the Common Pleas
for a year from December 1625 to November 1626. He was a friend and relative of Matthew Hutton (Archbishop of York)
(1529–1606).
Ship Money
: All judges were asked to sign a declaration in favour of the disputed tax, ship money, in 1635. Hutton signed it but in 1638 ruled against the King in favour of John Hampden
and admitted he was against the tax, saying that such a charge might not be imposed by the king's 'original writ only under the great seal, without parliament,... unless in time of actual war and invasion'. After the judgement, one of the High Church clergy, the Revd Thomas Harrison accused Sir Richard of high treason. Harrison was prosecuted, imprisoned and fined £5,000. There is an account of the trial in Hutton's Diary and he won £10,000 in damages.
Hutton died the following year at the Serjeant's Inn
on 26 February 1639 and history records that Charles I called him 'his honest judge'. He was buried, as requested, at St Dunstan-in-the-West
, Fleet Street, London. Goldsborough Hall
and his estates then passed to his son and heir, Sir Richard Hutton, the younger
(knighted in 1625).
The portrait of Sir Richard Hutton (painted in 1618) still hangs in Gray's Inn
, London
and is reproduced by kind permission of the Treasurer and Masters of the Bench of Gray's Inn.
by Wilfrid Prest
, Reader in History, The University of Adelaide
, London 1991
The Legacy: The Huttons of Penrith and Beetham by Barbara C Lee, publ. Titus Wilson & Son, Kendal, ISBN 0 9531444 0 2 is a history of the Hutton family with extensive references to Sir Richard Hutton
The History of the Castle, Town and Forest of Knaresborough with Harrogate and its Medicinal Waters by Ely Hargrove, printed by Hargrove and Sons, Knaresborough, 1809 gives a brief history of the Huttons of 'Goldesburgh', 'Goldesburgh Hall' and Church
Volume: 41 Issue: 1 January 1991. Wilfrid Prest
used Sir Richard Hutton's diaries to illustrate the attitudes and issues behind one of the constitutional set pieces of Charles I
's reign
Charles 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...
over ship money
Ship money
Ship money refers to a tax that Charles I of England tried to levy without the consent of Parliament. This tax, which was only applied to coastal towns during a time of war, was intended to offset the cost of defending that part of the coast, and could be paid in actual ships or the equivalent value...
.
Hutton was the younger brother of Sir William Hutton and son of Anthony Hutton. Born and brought up at Hutton Hall in Penrith, Cumbria
Penrith, Cumbria
Penrith was an urban district between 1894 and 1974, when it was merged into Eden District.The authority's area was coterminous with the civil parish of Penrith although when the council was abolished Penrith became an unparished area....
, he went to Jesus College, Cambridge
Jesus College, Cambridge
Jesus College is a constituent college of the University of Cambridge, England.The College was founded in 1496 on the site of a Benedictine nunnery by John Alcock, then Bishop of Ely...
to study divinity but aged 20 headed to London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
to pursue a career in law. He was called to the bar in 1586 and was made a serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
in 1603 under Elizabeth I. At this time, Hutton bought the estate at Goldsborough
Goldsborough, North Yorkshire
Goldsborough is a village and civil parish in the Harrogate district of North Yorkshire, England. It is situated near the River Nidd and 1 mile east of Knaresborough....
, near Knaresborough
Knaresborough
Knaresborough is an old and historic market town, spa town and civil parish in the Borough of Harrogate, North Yorkshire, England, located on the River Nidd, four miles east of the centre of Harrogate.-History:...
, North Yorkshire
North Yorkshire
North Yorkshire is a non-metropolitan or shire county located in the Yorkshire and the Humber region of England, and a ceremonial county primarily in that region but partly in North East England. Created in 1974 by the Local Government Act 1972 it covers an area of , making it the largest...
from the Goldsborough
Goldsborough
-Places:*Goldsborough , in the Pennines, England*Goldsborough, North Yorkshire**Goldsborough Hall*Goldsborough, Whitby, also in North Yorkshire-People:*Brice Herbert Goldsborough, aviator and father of Frank Goldsborough...
family, whose original thatched moated manor house had been destroyed after a quarrel over succession. Sir Richard Hutton bought out the claimants to the estate and built the present Goldsborough Hall
Goldsborough Hall
Goldsborough Hall is a Jacobean stately home located in the village of Goldsborough, North Yorkshire, England. It is a member of the Historic Houses Association...
to the south east of the village on raised ground close to the church, as a fine example of Jacobean architecture
Jacobean architecture
The Jacobean style is the second phase of Renaissance architecture in England, following the Elizabethan style. It is named after King James I of England, with whose reign it is associated.-Characteristics:...
(now privately owned and not open to the public).
Sir Richard married Agnes Briggs of Cawmire, Westmorland
Westmorland
Westmorland is an area of North West England and one of the 39 historic counties of England. It formed an administrative county from 1889 to 1974, after which the entirety of the county was absorbed into the new county of Cumbria.-Early history:...
in 1591, the daughter and heiress of Thomas Briggs of Cawmire. They had four sons and five daughters. His second son, Sir Richard Hutton, the younger
Sir Richard Hutton, the younger
Sir Richard Hutton, the younger was a Yorkshire landowner and Member of Parliament for Knaresborough who lost his life in the English Civil War....
(1617–1645), succeeded him after the death of his eldest son, Christopher, aged 24, who died after a sea voyage.
Hutton kept a diary from 1614 until his death in 1639 which was edited by W R Prest
Wilfrid Prest
Wilfrid Prest is a historian, specialising in legal history, who is currently professor emeritus at the University of Adelaide. He is also a Fellow of the Royal Historical Society, the Australian Academy of the Humanities and the Academy of the Social Sciences in Australia , as well as being an...
at the University of Adelaide
University of Adelaide
The University of Adelaide is a public university located in Adelaide, South Australia. Established in 1874, it is the third oldest university in Australia...
. He was made Recorder of York
York
York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...
in 1608, Doncaster
Doncaster
Doncaster is a town in South Yorkshire, England, and the principal settlement of the Metropolitan Borough of Doncaster. The town is about from Sheffield and is popularly referred to as "Donny"...
in 1609 and Ripon
Ripon
Ripon is a cathedral city, market town and successor parish in the Borough of Harrogate, North Yorkshire, England, located at the confluence of two streams of the River Ure in the form of the Laver and Skell. The city is noted for its main feature the Ripon Cathedral which is architecturally...
in 1610. He held these offices until 1617 when he was knighted by King James I on a visit to York
York
York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...
and made judge of the Court of Common Pleas (England)
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
. Hutton was well thought of under Charles I
Charles 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...
and became acting Chief Justice of the Common Pleas
Chief Justice of the Common Pleas
The Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
for a year from December 1625 to November 1626. He was a friend and relative of Matthew Hutton (Archbishop of York)
Matthew Hutton (Archbishop of York)
Matthew Hutton was archbishop of York from 1595 to 1606.-Life:Hutton, the son of Matthew Hutton of Priest Hutton, in the parish of Warton, Lancashire, was born in that parish in 1529. He became a sizar at Trinity College, Cambridge in 1546. Graduating B.A. 1551–2, he became a fellow of Trinity in...
(1529–1606).
Ship Money
Ship money
Ship money refers to a tax that Charles I of England tried to levy without the consent of Parliament. This tax, which was only applied to coastal towns during a time of war, was intended to offset the cost of defending that part of the coast, and could be paid in actual ships or the equivalent value...
: All judges were asked to sign a declaration in favour of the disputed tax, ship money, in 1635. Hutton signed it but in 1638 ruled against the King in favour of John Hampden
John Hampden
John Hampden was an English politician, the eldest son of William Hampden, of Hampden House, Great Hampden in Buckinghamshire, John Hampden (ca. 15951643) was an English politician, the eldest son of William Hampden, of Hampden House, Great Hampden in Buckinghamshire, John Hampden (ca. 15951643)...
and admitted he was against the tax, saying that such a charge might not be imposed by the king's 'original writ only under the great seal, without parliament,... unless in time of actual war and invasion'. After the judgement, one of the High Church clergy, the Revd Thomas Harrison accused Sir Richard of high treason. Harrison was prosecuted, imprisoned and fined £5,000. There is an account of the trial in Hutton's Diary and he won £10,000 in damages.
Hutton died the following year at the Serjeant's Inn
Serjeant's Inn
Serjeant's Inn was one of the two inns of the Serjeants-at-Law in London. The Fleet Street inn dated from 1443 and the Chancery Lane inn dated from 1416. Both buildings were destroyed in the World War II 1941 bombing raids....
on 26 February 1639 and history records that Charles I called him 'his honest judge'. He was buried, as requested, at St Dunstan-in-the-West
St Dunstan-in-the-West
The Guild Church of St Dunstan-in-the-West is in Fleet Street in London, England. An octagonal-shaped building, it is dedicated to a former bishop of London and archbishop of Canterbury.-History:...
, Fleet Street, London. Goldsborough Hall
Goldsborough Hall
Goldsborough Hall is a Jacobean stately home located in the village of Goldsborough, North Yorkshire, England. It is a member of the Historic Houses Association...
and his estates then passed to his son and heir, Sir Richard Hutton, the younger
Sir Richard Hutton, the younger
Sir Richard Hutton, the younger was a Yorkshire landowner and Member of Parliament for Knaresborough who lost his life in the English Civil War....
(knighted in 1625).
The portrait of Sir Richard Hutton (painted in 1618) still hangs in Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, 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...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and is reproduced by kind permission of the Treasurer and Masters of the Bench of Gray's Inn.
Books
The Diary of Sir Richard Hutton 1614-1639, edited for the Selden SocietySelden Society
The Selden Society is the only learned society to be devoted to the study of English legal history.The Society was founded in 1887 by FW Maitland. The main activity of the Society is publishing historical records of English law. Since the society's inception, a volume of interesting and important...
by Wilfrid Prest
Wilfrid Prest
Wilfrid Prest is a historian, specialising in legal history, who is currently professor emeritus at the University of Adelaide. He is also a Fellow of the Royal Historical Society, the Australian Academy of the Humanities and the Academy of the Social Sciences in Australia , as well as being an...
, Reader in History, The University of Adelaide
University of Adelaide
The University of Adelaide is a public university located in Adelaide, South Australia. Established in 1874, it is the third oldest university in Australia...
, London 1991
The Legacy: The Huttons of Penrith and Beetham by Barbara C Lee, publ. Titus Wilson & Son, Kendal, ISBN 0 9531444 0 2 is a history of the Hutton family with extensive references to Sir Richard Hutton
The History of the Castle, Town and Forest of Knaresborough with Harrogate and its Medicinal Waters by Ely Hargrove, printed by Hargrove and Sons, Knaresborough, 1809 gives a brief history of the Huttons of 'Goldesburgh', 'Goldesburgh Hall' and Church
Articles
Ship Money and Mr Justice Hutton by Wilfrid Prest, published in History TodayHistory Today
History Today is an illustrated history magazine. Published monthly in London since January 1951, it is the world's leading, and possibly oldest, history magazine. Its successful mission has always been to present serious and authoritative history to as wide a public as possible...
Volume: 41 Issue: 1 January 1991. Wilfrid Prest
Wilfrid Prest
Wilfrid Prest is a historian, specialising in legal history, who is currently professor emeritus at the University of Adelaide. He is also a Fellow of the Royal Historical Society, the Australian Academy of the Humanities and the Academy of the Social Sciences in Australia , as well as being an...
used Sir Richard Hutton's diaries to illustrate the attitudes and issues behind one of the constitutional set pieces of Charles I
Charles 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...
's reign