Richard Hutton (judge)
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Sir Richard Hutton (1560 – 26 February 1639) was a
Yorkshire Yorkshire ( ; abbreviated Yorks), formally known as the County of York, is a historic county in northern England and by far the largest in the United Kingdom. Because of its large area in comparison with other English counties, functions have ...
landowner, and judge. He defied
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
over
ship money Ship money was a tax of medieval origin levied intermittently in the Kingdom of England until the middle of the 17th century. Assessed typically on the inhabitants of coastal areas of England, it was one of several taxes that English monarchs co ...
.


Life

Hutton was born and brought up at Hutton Hall in Penrith, Cumberland, the son of Anthony Hutton. He went to
Jesus College, Cambridge Jesus College is a constituent college of the University of Cambridge. The college's full name is The College of the Blessed Virgin Mary, Saint John the Evangelist and the glorious Virgin Saint Radegund, near Cambridge. Its common name comes fr ...
, to study divinity but aged 20 headed to
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
to pursue a career in law. He was called to the bar in 1586 and was made a
serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are wri ...
in 1603 under
Elizabeth I Elizabeth I (7 September 153324 March 1603) was List of English monarchs, Queen of England and List of Irish monarchs, Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is ...
. At this time, Hutton bought the estate at Goldsborough, near
Knaresborough Knaresborough ( ) is a market and spa town and civil parish in the Borough of Harrogate, in North Yorkshire, England, on the River Nidd. It is east of Harrogate. History Knaresborough is mentioned in the Domesday Book of 1086 as ''Chenares ...
,
West Riding of Yorkshire The West Riding of Yorkshire is one of three historic subdivisions of Yorkshire, England. From 1889 to 1974 the administrative county County of York, West Riding (the area under the control of West Riding County Council), abbreviated County ...
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 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. The house itself is a Grade II* listed building. The Hall was built for Sir Ri ...
to the south east of the village on raised ground close to the church. Hutton was made Recorder of
York York is a cathedral city with Roman origins, sited at the confluence of the rivers Ouse and Foss in North Yorkshire, England. It is the historic county town of Yorkshire. The city has many historic buildings and other structures, such as a ...
in 1608,
Doncaster Doncaster (, ) is a city in South Yorkshire, England. Named after the River Don, it is the administrative centre of the larger City of Doncaster. It is the second largest settlement in South Yorkshire after Sheffield. Doncaster is situated in ...
in 1609 and
Ripon Ripon () is a cathedral city in the Borough of Harrogate, North Yorkshire, England. The city is located at the confluence of two tributaries of the River Ure, the Laver and Skell. Historically part of the West Riding of Yorkshire, the city ...
in 1610. He held these offices until 1617 when he was knighted by
King James I James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until hi ...
on a visit to
York York is a cathedral city with Roman origins, sited at the confluence of the rivers Ouse and Foss in North Yorkshire, England. It is the historic county town of Yorkshire. The city has many historic buildings and other structures, such as a ...
and made judge of the Court of Common Pleas (England). Hutton was well thought of under
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
and became acting
Chief Justice of the Common Pleas The chief justice of the Common Pleas was the head of the Court of Common Pleas, also known as the Common Bench or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the othe ...
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
ship money Ship money was a tax of medieval origin levied intermittently in the Kingdom of England until the middle of the 17th century. Assessed typically on the inhabitants of coastal areas of England, it was one of several taxes that English monarchs co ...
, a disputed tax, in 1635. Hutton signed it but in 1638 ruled against the King in favour of
John Hampden John Hampden (24 June 1643) was an English landowner and politician whose opposition to arbitrary taxes imposed by Charles I made him a national figure. An ally of Parliamentarian leader John Pym, and cousin to Oliver Cromwell, he was one of t ...
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 The term ''high church'' refers to beliefs and practices of Christian ecclesiology, liturgy, and theology that emphasize formality and resistance to modernisation. Although used in connection with various Christian traditions, the term originate ...
clergy, the Revd Thomas Harrison, accused Hutton of high treason. He 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 at
Serjeant's Inn Serjeant's Inn (formerly Serjeants' Inn) was the legal inn of the Serjeants-at-Law in London. Originally there were two separate societies of Serjeants-at-law: the Fleet Street inn dated from 1443 and the Chancery Lane inn dated from 1416. In 17 ...
in 1639 and 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). Charles I called him "his honest judge". Hutton kept a diary from 1614 until his death in 1639 which was edited by W R Prest.


Family

Sir Richard married Agnes Briggs of Cawmire,
Westmorland Westmorland (, formerly also spelt ''Westmoreland'';R. Wilkinson The British Isles, Sheet The British IslesVision of Britain/ref> is a historic county in North West England spanning the southern Lake District and the northern Dales. It had an ...
, 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 was the younger brother of Sir William Hutton.


Books

*''The Diary of Sir Richard Hutton'' 1614-1639, edited for the
Selden Society The Selden Society is a learned society and registered charity concerned with the study of English legal history. It functions primarily as a text publication society, but also undertakes other activities to promote scholarship within its spher ...
by
Wilfrid Prest Wilfrid Prest, AM (born 1940) is a historian, specialising in legal history, who is professor emeritus at the University of Adelaide. He is also a Fellow of the Royal Historical Society, the Australian Academy of the Humanities, the Academy of th ...
, Reader in History, The
University of Adelaide The University of Adelaide (informally Adelaide University) is a public research university located in Adelaide, South Australia. Established in 1874, it is the third-oldest university in Australia. The university's main campus is located on N ...
, London 1991 *''The Legacy: The Huttons of Penrith and Beetham'' by Barbara C Lee, publ. Titus Wilson & Son, Kendal, 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 Today ''History Today'' is an illustrated history magazine. Published monthly in London since January 1951, it presents serious and authoritative history to as wide a public as possible. The magazine covers all periods and geographical regions and pub ...
Volume: 41 Issue: 1 January 1991.
Wilfrid Prest Wilfrid Prest, AM (born 1940) is a historian, specialising in legal history, who is professor emeritus at the University of Adelaide. He is also a Fellow of the Royal Historical Society, the Australian Academy of the Humanities, the Academy of th ...
used Sir Richard Hutton's diaries to illustrate the attitudes and issues behind one of the constitutional set pieces of
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
's reign


References


External links


Goldsborough Hall official website
* {{DEFAULTSORT:Hutton, Richard 1560 births 1639 deaths 17th-century deaths People from Penrith, Cumbria Serjeants-at-law (England) 17th-century English judges Justices of the Common Pleas 16th-century English judges 16th-century English lawyers