Robert Heath

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Sir
Robert Heath
Born20 May 1575
Edenbridge, Kent
Died30 August 1649
Calais, France
Resting placeBrasted Church, Kent

Sir Robert Heath (20 May 1575 – 30 August 1649) was an English judge and politician who sat in the House of Commons from 1621 to 1625.

Early life

Heath was the son of Robert Heath, attorney, and Anne Posyer. He was educated at Tunbridge grammar school (Tonbridge School), St John's College, Cambridge from age 14 and Clifford's Inn from age 17. He became a barrister of the Inner Temple in 1603.[1]

By 1620, he was listed as one of the 40 patent holders for the Council for New England as the "Recorder of our Citie of London." In 1621 he was elected

Member of Parliament for the City of London. He became solicitor-general in 1621, when he was knighted. In 1624 he was elected MP for East Grinstead and was re-elected in 1625.[2][3]

Family

He married Margaret Miller, daughter of John Miller of

William Morley
of Halnaker.

Attorney general

Heath served King Charles I of England 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.[4]

Heath brought a 1625 case in the

Sir Cornelius Vermuyden as a partner in a major drainage operation at Wirksworth, at the ore-rich Dovegang Rake.[5]

Heath 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 by Mark Kishlansky).[6][7] The agitation caused by the business was of major importance for the formulation of the Petition of Right.[8]

Heath notionally founded both

Bahamas, the beginning of their colonial history.[11]

Judge

Heath became

Arminian; he had shown some leniency in the Star Chamber case against the iconoclast and extremist Henry Sherfield.[13]

Another theory relates to corruption. On the other hand, this is not accepted by Thomas G. Barnes, who argues that Heath with Sir Richard Shelton 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, Shelton 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.[14]

Heath returned to his practice as a barrister. His reputation as pro-Puritan, anti-Laudian did him no harm with the

Lord Chief Justice.[15]

One of Heath's cases as Lord Chief Justice during the

high treason in 1644. He fled England, and died on 30 August 1649 in Calais, France.[16][17]

Works

  • Maxims and Rules of Pleading (1694)

References

  1. ^ "Heath, Robert (HT587R)". A Cambridge Alumni Database. University of Cambridge.
  2. ^ Wilfrid R. Prest, The Rise of the Barristers: A Social History of the English Bar, 1590–1640 (1986), pp. 109–110.
  3. Concise Dictionary of National Biography
    . Accessed 5 December 2022.
  4. ^ a b Thomas Cogswell, ‘In the Power of the State’: Mr Anys's Project and the Tobacco Colonies, 1626–1628, The English Historical Review 2008 CXXIII (500):35–64; online text.
  5. ^ Jill R. Dias, Lead, Society and Politics in Derbyshire Before the Civil War, Midland History, Vol. 6 (1981); (PDF)
  6. ^ Glenn Burgess, The Politics of the Ancient Constitution (1992), pp. 191–4.
  7. ^ Mark A. Kishlansky, Tyranny denied: Charles I, Attorney General Heath, and the Five Knights' Case. Historical Journal, 42 (1999), 53–83.
  8. ^ "History in Focus: Elizabeth I and James VI and I - review of Politics, Law and Counsel".
  9. ^ Heath's patent, Yale Law dept, accessed 13 December 2008
  10. ^ "The History of North Carolina - the States - the History Channel". Archived from the original on 25 February 2009. Retrieved 30 January 2009.
  11. ^ Sandra Riley, Thelma Peters, Homeward Bound: A History of the Bahama Islands to 1850 With a Definitive Study of Abaco in the American Loyalist Plantation Period (2000), pp. 26–7.
  12. ^ John Wroughton, The Routledge Companion to the Stuart Age, 1603–1714 (2006), p. 8.
  13. ^ Glenn Burgess, The Politics of the Ancient Constitution (1992), p. 183.
  14. ^ Thomas G. Barnes, Cropping the Heath: The Fall of a Chief Justice, 1634[dead link], Historical Research Volume 64 Issue 155, pp. 331–343, 12 October 2007.
  15. ^ John Adamson, The Noble Revolt: The Overthrow of Charles I (2007), p. 157.
  16. ^ "Sir Robert Heath papers, 1614-1699 | Rare Book & Manuscript Library, University of Illinois at Urbana-Champaign".
  17. ^ Charles Carlton, Going to the Wars: The Experience of the British Civil Wars, 1638–1651 (1994), p. 198.

Further reading

  • Paul E. Kopperman (1989) Sir Robert Heath, 1575–1649: Window on an Age

External links

Parliament of England
Preceded by
Member of Parliament for City of London
1621–1622
With: William Towerson
Robert Bateman
Sir Thomas Lowe
 Succeeded by
Preceded by
Member of Parliament for East Grinstead
1624–1625
With: Thomas Caldicot 1624
Sir Henry Compton
1625 		Succeeded by
Legal offices
Preceded by Chief Justice of the Common Pleas
1631–1634 		Succeeded by
Preceded by
John Brampston
Lord Chief Justice

1642–1645 		Succeeded by
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