Richard Lane (barrister)
Encyclopedia
Sir Richard Lane was an English
barrister
who practised mostly in the Court of Exchequer
. He acted as defence counsel to the Earl of Strafford
when he was impeached
and attainted
, and also represented Archbishop Williams and eleven other bishops who were imprisoned in the Tower of London
in 1642.
During the English Civil War
, Lane took the side of the king
, who made him Chief Baron of the Exchequer and a member of the Privy Council. From 1645 until his death he was also Lord Keeper of the Great Seal
, although after 1646 the appointment was a nominal one, as the Great Seal
had been destroyed on the orders of Parliament.
He negotiated the terms of Charles I
's surrender to Fairfax
in 1646, went into exile with the future Charles II
, and died on the island of Jersey
in 1650.
at Courteenhall
, Northamptonshire
, by his marriage to Elizabeth, the daughter of Clement Vincent of Harpole
. He was baptized on 12 November 1584. He was educated at Westminster School
and Trinity College, Cambridge
, where he was a scholar from 1602. On 8 February 1605, he was admitted to the Middle Temple
to train for a career in the law and was called to the bar on 22 November 1611.
. In 1615 he was appointed as deputy recorder of Northampton
and in 1628 as the town's recorder. In 1634 he became attorney-general to the Prince of Wales
. On 12 June 1635 he became a bencher
of his inn
, and during the same year he acted as counsel to the University of Cambridge
. In 1637 he was elected as treasurer of the Middle Temple. In 1638 Henry Rich, 1st Earl of Holland
, appointed him to serve as his deputy in the forest courts
.
In 1632 the poet Thomas Randolph
dedicated his The Jealous Lovers to Lane.
In 1641 Lane was counsel to Strafford
when he was impeached
and attainted
for high treason
. In the debate on the bill of attainder
, Lane argued that a statute of Henry IV
of 1399 had had the effect of repealing the declaratory power given to parliament
by the Statute of Treasons
of 1351, so that the present parliament
had no authority to bring a bill of attainder against Strafford. Parliament rejected this argument, and the king
assented to the bill of attainder. Strafford was beheaded on Tower Hill
on 12 May 1641.
Later in 1641 Lane served as defence counsel to Sir Robert Berkeley
, who was impeached in October 1641, and from January 1641/42 he defended Archbishop Williams and his eleven fellow bishops who had been imprisoned in the Tower of London
.
Lane remained loyal to the king when hostilities with Parliament
broke out during the summer of 1642. He entrusted his library and other goods in London to his friend Bulstrode Whitelocke
and joined the court at Oxford
, where he was made welcome. The University of Oxford
awarded him the degree of Master of Arts on 1 November 1642. In 1643, to punish Lane for his loyalty to Charles I, the Long Parliament
gave orders for his estate to be sequestered
and all his property at the Middle Temple seized. On 4 January 1644/45 Lane was knighted by the king and later the same month he was appointed a serjeant-at-law
and Chief Baron of the Exchequer. On 31 January he received the Oxford degree of Doctor of Civil Laws. The king also appointed Lane to the Privy Council.
In January 1645 Lane acted as one of the king's commissioners at Uxbridge
, where he opposed the demand by parliament that it should control the militia
.
A few days after the death of Lord Littleton on 27 August 1645, the king appointed Lane Lord Keeper of the Great Seal
.
On 24 June 1646, the king's stronghold of Oxford was surrendered to Sir Thomas Fairfax
, with Lane acting for the king to negotiate terms. He failed to retain control of the Great Seal
, the seals of various other courts, and the Sword of State
. Having obtained them all, Fairfax sent them to parliament, which on 3 July resolved to have the Great Seal destroyed. On 11 August the seal was broken up by a smith. However, after the execution of Charles I in 1649, Charles II renewed Lane's patent as nominal Lord Keeper of the Great Seal, a position he held until his death.
On 12 October 1646, Parliament made several new appointments to the judicial bench, replacing Lane as chief baron of the exchequer by John Wilde
.
in a poor state of health. He wrote to Charles II, asking him to make his eldest son, another Richard Lane, a groom of the bedchamber, a request which was honoured. Lane continued to Jersey
, where he died on 12 May 1650, to be buried at St Helier
. His funeral was attended by the Duke of York
.
Lane's Reports in the court of exchequer beginning in the third, and ending in the ninth year of the raign of the late King James were published posthumously in 1657 and contained an important report of Sir Thomas Fleming
's opinion in Bates's Case.
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
who practised mostly in the Court of Exchequer
Court of Exchequer
Court of Exchequer may refer to:*Exchequer of Pleas, an ancient English court, that ceased to exist independently in the late nineteenth century...
. He acted as defence counsel to the Earl of Strafford
Thomas Wentworth, 1st Earl of Strafford
Thomas Wentworth, 1st Earl of Strafford was an English statesman and a major figure in the period leading up to the English Civil War. He served in Parliament and was a supporter of King Charles I. From 1632 to 1639 he instituted a harsh rule as Lord Deputy of Ireland...
when he was impeached
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
and attainted
Attainder
In English criminal law, attainder or attinctura is the metaphorical 'stain' or 'corruption of blood' which arises from being condemned for a serious capital crime . It entails losing not only one's property and hereditary titles, but typically also the right to pass them on to one's heirs...
, and also represented Archbishop Williams and eleven other bishops who were imprisoned in the Tower of London
Tower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
in 1642.
During the English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
, Lane took the side of the king
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...
, who made him Chief Baron of the Exchequer and a member of the Privy Council. From 1645 until his death he was also Lord Keeper of the Great Seal
Lord Keeper of the Great Seal
The Lord Keeper of the Great Seal of England, and later of Great Britain, was formerly an officer of the English Crown charged with physical custody of the Great Seal of England. This evolved into one of the Great Officers of State....
, although after 1646 the appointment was a nominal one, as the Great Seal
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom is a seal that is used to symbolise the Sovereign's approval of important state documents...
had been destroyed on the orders of Parliament.
He negotiated the terms 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 surrender to Fairfax
Thomas Fairfax, 3rd Lord Fairfax of Cameron
Thomas Fairfax, 3rd Lord Fairfax of Cameron was a general and parliamentary commander-in-chief during the English Civil War...
in 1646, went into exile with the future Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
, and died on the island of Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
in 1650.
Early life
Lane was the eldest son of another Richard Lane, who was a yeomanYeoman
Yeoman refers chiefly to a free man owning his own farm, especially from the Elizabethan era to the 17th century. Work requiring a great deal of effort or labor, such as would be done by a yeoman farmer, came to be described as "yeoman's work"...
at Courteenhall
Courteenhall
Courteenhall is a village south of the county town of Northampton, in the shire county of Northamptonshire, England, and about north of London. The village is located in a cul-de-sac.-Governance:...
, Northamptonshire
Northamptonshire
Northamptonshire is a landlocked county in the English East Midlands, with a population of 629,676 as at the 2001 census. It has boundaries with the ceremonial counties of Warwickshire to the west, Leicestershire and Rutland to the north, Cambridgeshire to the east, Bedfordshire to the south-east,...
, by his marriage to Elizabeth, the daughter of Clement Vincent of Harpole
Harpole
Harpole Northamptonshire, England, is a village west of Northampton, in the district council area of South Northamptonshire where it is part of Harpole and Grange ward, together with the parishes of Milton Malsor, Kislingbury, Rothersthorpe and Gayton. It is within the area of Northamptonshire...
. He was baptized on 12 November 1584. He was educated at Westminster School
Westminster School
The Royal College of St. Peter in Westminster, almost always known as Westminster School, is one of Britain's leading independent schools, with the highest Oxford and Cambridge acceptance rate of any secondary school or college in Britain...
and Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
, where he was a scholar from 1602. On 8 February 1605, he was admitted to the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
to train for a career in the law and was called to the bar on 22 November 1611.
Career
Lane practised mostly in the Court of ExchequerCourt of Exchequer
Court of Exchequer may refer to:*Exchequer of Pleas, an ancient English court, that ceased to exist independently in the late nineteenth century...
. In 1615 he was appointed as deputy recorder of Northampton
Northampton
Northampton is a large market town and local government district in the East Midlands region of England. Situated about north-west of London and around south-east of Birmingham, Northampton lies on the River Nene and is the county town of Northamptonshire. The demonym of Northampton is...
and in 1628 as the town's recorder. In 1634 he became attorney-general to the Prince of Wales
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
. On 12 June 1635 he became a bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of his inn
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...
, and during the same year he acted as counsel to the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
. In 1637 he was elected as treasurer of the Middle Temple. In 1638 Henry Rich, 1st Earl of Holland
Henry Rich, 1st Earl of Holland
Henry Rich, 1st Earl of Holland was an English aristocrat, courtier and soldier.-Life:He was the son of Robert Rich, 1st Earl of Warwick and of Penelope Devereux, Lady Rich, and the younger brother of Robert Rich, 2nd Earl of Warwick...
, appointed him to serve as his deputy in the forest courts
Eyre (legal term)
An Eyre or Iter was the name of a circuit traveled by an itinerant justice in medieval England, or the circuit court he presided over , or the right of the king to visit and inspect the holdings of any vassal...
.
In 1632 the poet Thomas Randolph
Thomas Randolph
Thomas Randolph may refer to:* Thomas Randolph * Thomas Randolph , English poet and dramatist* Thomas Randolph , Virginia politician...
dedicated his The Jealous Lovers to Lane.
In 1641 Lane was counsel to Strafford
Thomas Wentworth, 1st Earl of Strafford
Thomas Wentworth, 1st Earl of Strafford was an English statesman and a major figure in the period leading up to the English Civil War. He served in Parliament and was a supporter of King Charles I. From 1632 to 1639 he instituted a harsh rule as Lord Deputy of Ireland...
when he was impeached
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
and attainted
Attainder
In English criminal law, attainder or attinctura is the metaphorical 'stain' or 'corruption of blood' which arises from being condemned for a serious capital crime . It entails losing not only one's property and hereditary titles, but typically also the right to pass them on to one's heirs...
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 the debate on the bill of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
, Lane argued that a statute of Henry IV
Henry IV of England
Henry IV was King of England and Lord of Ireland . He was the ninth King of England of the House of Plantagenet and also asserted his grandfather's claim to the title King of France. He was born at Bolingbroke Castle in Lincolnshire, hence his other name, Henry Bolingbroke...
of 1399 had had the effect of repealing the declaratory power given to parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
by the Statute of Treasons
Treason Act 1351
The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to...
of 1351, so that the present 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...
had no authority to bring a bill of attainder against Strafford. Parliament rejected this argument, and the king
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...
assented to the bill of attainder. Strafford was beheaded on Tower Hill
Tower Hill
Tower Hill is an elevated spot northwest of the Tower of London, just outside the limits of the City of London, in the London Borough of Tower Hamlets. Formerly it was part of the Tower Liberty under the direct administrative control of Tower...
on 12 May 1641.
Later in 1641 Lane served as defence counsel to Sir Robert Berkeley
Robert Berkeley (judge)
Robert Berkeley was an English judge and politician who sat in the House of Commons from 1621 to 1624. He suffered considerably for giving a judgement in favour of Ship Money....
, who was impeached in October 1641, and from January 1641/42 he defended Archbishop Williams and his eleven fellow bishops who had been imprisoned in the Tower of London
Tower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
.
Lane remained loyal to the king when hostilities with Parliament
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...
broke out during the summer of 1642. He entrusted his library and other goods in London to his friend Bulstrode Whitelocke
Bulstrode Whitelocke
Sir Bulstrode Whitelocke was an English lawyer, writer, parliamentarian and Lord Keeper of the Great Seal of England.- Biography :...
and joined the court at Oxford
Oxford
The city of Oxford is the county town of Oxfordshire, England. The city, made prominent by its medieval university, has a population of just under 165,000, with 153,900 living within the district boundary. It lies about 50 miles north-west of London. The rivers Cherwell and Thames run through...
, where he was made welcome. The University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
awarded him the degree of Master of Arts on 1 November 1642. In 1643, to punish Lane for his loyalty to Charles I, 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...
gave orders for his estate to be sequestered
Sequestration
In law, sequestration may refer to:* Sequestration , the seizure of property* the isolation of a jury in order to ensure they are not prejudiced by external contact* In Scottish law, the term for bankruptcy* In U.S...
and all his property at the Middle Temple seized. On 4 January 1644/45 Lane was knighted by the king and later the same month he was appointed 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...
and Chief Baron of the Exchequer. On 31 January he received the Oxford degree of Doctor of Civil Laws. The king also appointed Lane to the Privy Council.
In January 1645 Lane acted as one of the king's commissioners at Uxbridge
Treaty of Uxbridge
The Treaty of Uxbridge of early 1645 was a significant but abortive negotiation to try to end the First English Civil War.-Background:Parliament drew up 27 articles in November 1644 and presented them to Charles I of England at Oxford. Much input into these Propositions of Uxbridge was from...
, where he opposed the demand by parliament that it should control the militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
.
A few days after the death of Lord Littleton on 27 August 1645, the king appointed Lane Lord Keeper of the Great Seal
Lord Keeper of the Great Seal
The Lord Keeper of the Great Seal of England, and later of Great Britain, was formerly an officer of the English Crown charged with physical custody of the Great Seal of England. This evolved into one of the Great Officers of State....
.
On 24 June 1646, the king's stronghold of Oxford was surrendered to Sir Thomas Fairfax
Thomas Fairfax, 3rd Lord Fairfax of Cameron
Thomas Fairfax, 3rd Lord Fairfax of Cameron was a general and parliamentary commander-in-chief during the English Civil War...
, with Lane acting for the king to negotiate terms. He failed to retain control of the Great Seal
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom is a seal that is used to symbolise the Sovereign's approval of important state documents...
, the seals of various other courts, and the Sword of State
Sword of State
A sword of state is a sword, used as part of the regalia, symbolizing the power of a monarch to use the might of the state against its enemies, and their duty to preserve thus right and peace.It is known to be used in following monarchies:...
. Having obtained them all, Fairfax sent them to parliament, which on 3 July resolved to have the Great Seal destroyed. On 11 August the seal was broken up by a smith. However, after the execution of Charles I in 1649, Charles II renewed Lane's patent as nominal Lord Keeper of the Great Seal, a position he held until his death.
On 12 October 1646, Parliament made several new appointments to the judicial bench, replacing Lane as chief baron of the exchequer by John Wilde
John Wilde (jurist)
John Wilde was an English lawyer and politician. As a serjeant-at-law he was referred to as Serjeant Wilde before he was appointed judge...
.
Exile and death
In March of 1650, Lane followed the new king into exile, landing at St MaloSaint-Malo
Saint-Malo is a walled port city in Brittany in northwestern France on the English Channel. It is a sub-prefecture of the Ille-et-Vilaine.-Demographics:The population can increase to up to 200,000 in the summer tourist season...
in a poor state of health. He wrote to Charles II, asking him to make his eldest son, another Richard Lane, a groom of the bedchamber, a request which was honoured. Lane continued to Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
, where he died on 12 May 1650, to be buried at St Helier
Saint Helier
Saint Helier is one of the twelve parishes of Jersey, the largest of the Channel Islands in the English Channel. St. Helier has a population of about 28,000, roughly 31.2% of the total population of Jersey, and is the capital of the Island . The urban area of the parish of St...
. His funeral was attended by the Duke of York
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
.
Lane's Reports in the court of exchequer beginning in the third, and ending in the ninth year of the raign of the late King James were published posthumously in 1657 and contained an important report of Sir Thomas Fleming
Thomas Fleming (judge)
Sir Thomas Fleming was an English member of Parliament and judge, whose most famous case was the trial of Guy Fawkes in relation to the Gunpowder Plot...
's opinion in Bates's Case.