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Sir Richard Lane (1584 – 12 May 1650), a.k.a. Edward Lane, was an
English English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish ter ...
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
who practised mostly in the Court of Exchequer. He acted as defence counsel to the
Earl of Strafford Earl of Strafford is a title that has been created three times in English and British history. The first creation was in the Peerage of England in January 1640 for Thomas Wentworth, 1st Earl of Strafford, the 1st Viscount Wentworth, the clo ...
when the Earl was
impeached Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eu ...
and
attainted In English criminal law, attainder was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditary titles, but ...
, and also represented Archbishop Williams and eleven other bishops who were imprisoned in the
Tower of London The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic citadel and castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamle ...
in 1642. During the
English Civil War The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...
, Lane took the side of the
king King is a royal title given to a male monarch. A king is an Absolute monarchy, absolute monarch if he holds unrestricted Government, governmental power or exercises full sovereignty over a nation. Conversely, he is a Constitutional monarchy, ...
, who made him
Chief Baron of the Exchequer The Chief Baron of the Exchequer was the first "baron" (meaning judge) of the English Exchequer of Pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who pres ...
and a member of the Privy Council. From 1645 until his death he was also
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 position evolved into that of one of the Great Officers of ...
, although after 1646 the appointment was a nominal one, as the
Great Seal A great seal is a seal used by a head of state, or someone authorised to do so on their behalf, to confirm formal documents, such as laws, treaties, appointments and letters of dispatch. It was and is used as a guarantee of the authenticity of ...
had been destroyed on the orders of Parliament. He negotiated the terms 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 surrender to Fairfax in 1646, went into exile with the future Charles II, and died on the island of
Jersey Jersey ( ; ), officially the Bailiwick of Jersey, is an autonomous and self-governing island territory of the British Islands. Although as a British Crown Dependency it is not a sovereign state, it has its own distinguishing civil and gov ...
in 1650.


Early life

Lane was the eldest son of another Richard Lane, who was a
yeoman Yeoman is a noun originally referring either to one who owns and cultivates land or to the middle ranks of Serfdom, servants in an Peerage of England, English royal or noble household. The term was first documented in Kingdom of England, mid-1 ...
at
Courteenhall Courteenhall is a village south of the county town of Northampton, in the ceremonial county of Northamptonshire, England, and about north of London. The population of the civil parish was 122 at the 2011 census. The village is located in a cul ...
, Northamptonshire, by his marriage to Elizabeth, the daughter of Clement Vincent of
Harpole Harpole is a village and civil parish in the West Northamptonshire unitary authority area of Northamptonshire, England. The village is just off the A4500 road (formerly the A45), west of Northampton and northeast of junction 16 of the M1 mot ...
. He was baptised on 12 November 1584. He was educated at
Westminster School Westminster School is a Public school (United Kingdom), public school in Westminster, London, England, in the precincts of Westminster Abbey. It descends from a charity school founded by Westminster Benedictines before the Norman Conquest, as do ...
and
Trinity College, Cambridge Trinity College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any ...
, where he was a scholar from 1602. On 8 February 1605, he was admitted to the
Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
to train for a career in the law and was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
on 22 November 1611.D. A. Orr, 'Lane, Sir Richard (bap. 1584, d. 1650)', in ''
Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from History of the British Isles, British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') ...
'', Oxford University Press, 2004
online edition
(subscription required), accessed 27 January 2011


Career

Lane practised mostly in the Court of Exchequer. In 1615 he was appointed as deputy
recorder Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a newsp ...
of
Northampton Northampton ( ) is a town and civil parish in Northamptonshire, England. It is the county town of Northamptonshire and the administrative centre of the Unitary authorities of England, unitary authority of West Northamptonshire. The town is sit ...
and in 1628 as the town's recorder. In 1634 he became
attorney-general In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
to the
Prince of Wales Prince of Wales (, ; ) is a title traditionally given to the male heir apparent to the History of the English monarchy, English, and later, the British throne. The title originated with the Welsh rulers of Kingdom of Gwynedd, Gwynedd who, from ...
. On 12 June 1635 he became a
bencher A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher c ...
of his
inn Inns are generally establishments or buildings where travelers can seek lodging, and usually, food and drink. Inns are typically located in the country or along a highway. Before the advent of motorized transportation, they also provided accomm ...
, and during the same year he acted as counsel to the
University of Cambridge The University of Cambridge is a Public university, public collegiate university, collegiate research university in Cambridge, England. Founded in 1209, the University of Cambridge is the List of oldest universities in continuous operation, wo ...
. 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 (baptised 15 August 1590, died 9 March 1649), was an English courtier and politician executed by Parliament of England, Parliament after being captured fighting for the Cavaliers, Royalists during the Second Engli ...
, appointed him to serve as his deputy in the forest courts. On 28 January 1632 Lane filed a bill of complaint in the
Court of Requests The Court of Requests was a minor equity court in England and Wales. It was instituted by King Richard III in his 1484 parliament. It first became a formal tribunal with some Privy Council elements under Henry VII, hearing cases from the poor ...
against Sir Matthew Brend on behalf of
Cuthbert Burbage Cuthbert Burbage (1565 – 15 September 1636) was an English theatrical figure, son of James Burbage, builder of the Theatre in Shoreditch and elder brother of the actor Richard Burbage. From 1589 he was the owner of the ground lease of the The ...
and the representatives of the other original lessees of the
Globe Theatre The Globe Theatre was a Theater (structure), theatre in London associated with William Shakespeare. It was built in 1599 at Southwark, close to the south bank of the Thames, by Shakespeare's playing company, the Lord Chamberlain's Men. It was ...
, seeking an extension of their lease. In the same year, 1632, the poet Thomas Randolph, the step-son of Lane's sister Dorothy, dedicated his ''The Jealous Lovers'' to Lane. In 1641 Lane was counsel to Strafford when he was
impeached Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eu ...
and
attainted In English criminal law, attainder was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditary titles, but ...
for
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its d ...
. In the debate on the
bill of attainder A bill of attainder (also known as an act of attainder, writ of attainder, or bill of pains and penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and providing for a punishment, often without a ...
, Lane argued that a statute of Henry IV of 1399 had had the effect of repealing the declaratory power given to
parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
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 King is a royal title given to a male monarch. A king is an Absolute monarchy, absolute monarch if he holds unrestricted Government, governmental power or exercises full sovereignty over a nation. Conversely, he is a Constitutional monarchy, ...
assented to the bill of attainder. Strafford was beheaded on
Tower Hill Tower Hill is the area surrounding the Tower of London in the London Borough of Tower Hamlets. It is infamous for the public execution of high status prisoners from the late 14th to the mid 18th century. The execution site on the higher gro ...
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 The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic citadel and castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamle ...
. 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 Sir Bulstrode Whitelocke (6 August 1605 – 28 July 1675) was an English lawyer, writer, parliamentarian, and one of the commissioners of the Great Seal during the Interregnum. Early life He was the eldest son of Sir James Whitelocke and ...
and joined the court at
Oxford Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town. The city is home to the University of Oxford, the List of oldest universities in continuou ...
, where he was made welcome. The
University of Oxford The University of Oxford is a collegiate university, collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the List of oldest un ...
awarded him the degree of
Master of Arts A Master of Arts ( or ''Artium Magister''; abbreviated MA or AM) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Those admitted to the degree have ...
on 1 November 1642. In 1643, to punish Lane for his loyalty to Charles I, the
Long Parliament The Long Parliament was an Parliament of England, English Parliament which lasted from 1640 until 1660, making it the longest-lasting Parliament in English and British history. It followed the fiasco of the Short Parliament, which had convened f ...
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 The Chief Baron of the Exchequer was the first "baron" (meaning judge) of the English Exchequer of Pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who pres ...
. On 31 January he received the Oxford degree of
Doctor of Civil Laws Doctor of Civil Law (DCL; ) is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws (LLD) degrees. At Oxford, the degree is a higher doctorate usually awarded on the basis of excepti ...
. The king also appointed Lane to the Privy Council. In January 1645 Lane acted as one of the king's commissioners at
Uxbridge Uxbridge () is a suburban town in west London, England, and the administrative headquarters of the London Borough of Hillingdon, northwest of Charing Cross. Uxbridge formed part of the parish of Hillingdon in the county of Middlesex. As part ...
, where he opposed the demand by parliament that it should control the
militia A militia ( ) is a military or paramilitary force that comprises civilian members, as opposed to a professional standing army of regular, full-time military personnel. Militias may be raised in times of need to support regular troops or se ...
. A few days after the death of Lord Littleton on 27 August 1645, the king appointed Lane
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 position evolved into that of one of the Great Officers of ...
. On 24 June 1646, the king's stronghold of Oxford was surrendered to
Sir Thomas Fairfax Sir Thomas Fairfax (17 January 1612 – 12 November 1671) was an English army officer and politician who commanded the New Model Army from 1645 to 1650 during the English Civil War. Because of his dark hair, he was known as "Black Tom" to his l ...
, with Lane acting for the king to negotiate terms. He failed to retain control of the
Great Seal A great seal is a seal used by a head of state, or someone authorised to do so on their behalf, to confirm formal documents, such as laws, treaties, appointments and letters of dispatch. It was and is used as a guarantee of the authenticity of ...
, the seals of various other courts, and the
Sword of State A sword of state is a sword, used as part of the regalia, symbolising the supreme power of a monarch, given by God, to use the infinite might of the state to deter its enemies by use of deadly warfare, if thus dire, to maintain order in the r ...
. 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 (December 12, 1919 – March 9, 2006) was an American painter, draughtsman, and printmaker from Wisconsin. He spent the majority of his life in the state and taught at the University of Wisconsin–Madison for over 35 years. Wilde ...
.


Exile and death

In March 1650, Lane followed the new king into exile, landing at
St Malo Saint-Malo (, , ; Gallo: ; ) is a historic French port in Ille-et-Vilaine, Brittany. The walled city on the English Channel coast had a long history of piracy, earning much wealth from local extortion and overseas adventures. In 1944, the All ...
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 Groom of the Chamber was a position in the Royal Household, Household of the monarch in early modern Kingdom of England, England. Other ''Ancien Régime'' royal establishments in Europe had comparable officers, often with similar titles. In King ...
, a request which was honoured. Lane continued to
Jersey Jersey ( ; ), officially the Bailiwick of Jersey, is an autonomous and self-governing island territory of the British Islands. Although as a British Crown Dependency it is not a sovereign state, it has its own distinguishing civil and gov ...
, where he died on 12 May 1650, to be buried at
St Helier St Helier (; Jèrriais: ; ) is the Capital city, capital of Jersey, the largest of the Channel Islands in the English Channel. It is the most populous of the twelve parishes of Jersey, with a population of 35,822, over one-third of the island' ...
. His funeral was attended by the
Duke of York Duke of York is a title of nobility in the Peerage of the United Kingdom. Since the 15th century, it has, when granted, usually been given to the second son of List of English monarchs, English (later List of British monarchs, British) monarchs ...
. 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 ''Bates's Case'' or the ''Case of Impositions'' (1606) 2 St Tr 371 is a UK constitutional law case of the Court of the Exchequer, which enabled the King to impose duties for trade. Facts John Bates was a merchant of the Levant Company. He refused ...
.


Notes


References

* * , - {{DEFAULTSORT:Lane, Richard 1584 births 1650 deaths People educated at Westminster School, London Alumni of Trinity College, Cambridge English barristers 17th-century English judges Chief Barons of the Exchequer Impeached British officials