Sir John Heveningham, another knight and his son William – regicide.

Charles_I_in_Three_Positions_1635-36Sir John was born in 1577 to a Norfolk family with a colourful pedigree – the Heveninghams claimed to be descended from one of the men who guarded Christ’s tomb.  More realistically they originated from Suffolk.

Suffice it to say the Heveninghams did all the usual things associated with county gentry i.e. education (in this case Cambridge), study of the law, JP, sheriff and member of parliament.

In January 1627, John Heveningham was summoned to appear before the Privy Council for his failure to pay Charles I’s forced loan.  He was packed off to the Marshalsea.  Being a gentleman it was assumed that he wouldn’t skip town so was allowed, in July, to take himself back to Norfolk to put his affairs in order.  Having done that he was placed under house arrest in Shropshire before being moved back to London once again for a stint in the Fleet Prison.

It was from the Fleet that Heveningham petitioned the King’s Bench for a bill of habeas corpus which would have tested whether or not he was being legally detained.  The matter was not resolved legally on account of the fact that the bench had no desire to alienate the king but Heveningham and his four companions were released at the beginning of 1628.

Heveningham found that becoming a jailbird had done his “street cred” the world of good in Norfolk where the king’s forced loan was deeply resented.  He was returned to Parliament on a wave of popular support.

Sir William HeveninghamHeveningham died in 1633. He was succeeded by his son William who was returned to Parliament in 1640.  He served on the committee of the Eastern Association during the English Civil War so was in all respects a parliament man until it came to signing the death warrant of Charles I – which he refused to do in his capacity of commissioner to the high court. Despite this William did agree the execution of the king in his role as member of parliament which was sufficient to make him a regicide.

Having disposed of the king William took a back seat in the running of the country but did manage to acquire rather a lot of sequestrated estates during the Commonwealth period.  Unfortunately for Heveningham the monarchy was restored in 1660 and whilst many things were conveniently forgotten regicide was not.  Heveningham surrendered himself, was put on trial and found guilty of treason for his part in Charles I’s death.  The fact that he had not signed the death warrant itself, together with his wife’s determined petitioning saw him being packed off to Windsor Castle where he remained until he died in 1678.

If you want an interesting and unexpected historical fact then it must be that Sir John Heveningham was a trustee of the Paston estate – his wife Bridget was a Paston – as in the fifteenth century letters family- demonstrating the small pool of  landed families in each county that intermarried over the centuries to create a tight knit network or a smouldering keg of interfamilial feuding.

As for William Heveningham, he married in 1650 to Mary Carey the daughter of the Earl of Dover. The earl was John Carey, a son of Henry  Lord Hunsdon – the son of Mary Boleyn…and potentially Henry VIII.

 

https://www.historyofparliamentonline.org/volume/1604-1629/member/heveningham-sir-john-1577-1633

Sir John Corbet – and the Five Knights Case

King-Charles-ICharles I dismissed Parliament in 1626 because it was rather keen on the idea of impeaching the Duke of Buckingham for his incompetence in the handling of foreign policy not to mention his influence over Charles I.  The king, on the other hand, wished to preserve his favourite so dissolved Parliament and its radically minded members.  Unfortunately Buckingham had dragged Charles into a war against both the Spanish and the French which was a costly exercise and which Charles could not afford – hence the need to call Parliament to raise the cash.

Charles dealt with his problem by raising Forced Loans.  Essentially wealthy folk were required to dip into their pockets and “lend” the king money.  It was generally accepted that loan was an euphemism for taxation.  The king could not have managed this himself. He used the administrative system that had been in place since before the Norman Conquest i.e. the county administrative system based on sheriffs and justices of the peace.  During the first year of the loan in excess of £250,000 was raised.  It is perhaps unnecessary to say that the loan and the commissioners who raised the money were not terribly popular.

Seventy-six gentlemen across the country refused to pay and were carted off to their local jails as an example to the rest of their peers.   Sir John Corbet, a moderate sort of Puritan who represented Great Yarmouth in Parliament, took exception to the forced loans and was rather vocal in his objections.  He also refused to pay the £20.00 that his rateable value suggested that he could afford. This may have caused some familiar difficulty as his cousin Sir Andrew Corbet of Moreton Corbet was the commissioner in Shropshire collecting the taxes on behalf of the Earl of Northampton who was President of the Council for the Welsh Marches.

Sir John found himself in prison without any charges being drawn up against him.  This was strategic in that the king wanted some examples of what would happen if you weren’t loyal to the Crown but he was also bothered by the idea that if one of the gentlemen ended up in a courtroom that the judge might side with the accused. Thus the gentlemen sat in their cells at the king’s convenience.

Five of the imprisoned men – the five knights of the title brought a writ of habeas corpus.  One of them was Sir John Corbet. Essentially, habeas corpus is the writ which requires someone under arrest to be brought before a judge to demonstrate that their arrest is legal. Magna Carta was used as the precedent amongst other things during the trial to prove that the five knights detention was illegal.  The case did not go in the knights’ favour although the judges were sympathetic and refused to rule conclusively saying that the law required further clarification but that they could do no more because both James I and Elizabeth I were prone to arresting people without charges being drawn.  (Interestingly they were also prone to chopping off various bits of their prisoners’ anatomies but History does not record them as tyrants whilst Charles did none of the above and got labelled a tyrant – just a thought.)

Corbet was released at the beginning of January 1628 but died three weeks later from small pox contracted whilst in prison. As for Sir Andrew, he would vote for the  Petition of Rights when Parliament sat in 1628 and he would eventually lose faith in the Crown. In died in 1637.