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THE
L I YE S
OF
THE LORD CHANCELLORS
AND
KEEPERS OF THE GREAT SEAL
OF
IRELAND,
FTIOM THE EARLIEST TIMES TO THE REIGN OF
QUEEN VICTORIA.
BY
J, RODERICK O'FLANAGAN, M.R.I.A.
BARRISTER-AT-LAW :
AUTHOR OP ' RECOLLECTIONS OF THE IRISH BAR' 'THE BAR LIFE OF o'COXXELL ' ETC.
IN TWO VOLUMES.
VOL. 1.
LONDON :
LONGMANS, GEEEN, 1
1870.
TO THE
RICJIIT HONOURABLE
LORD O'HAGAN,
LORD HIGH CHANCELLOR OF IRELAND,
THESE LIVES OF HIS PREDECESSORS
IN THE HIGHEST JUDICIAL STATION OP HIS NATIVE LAND
ARE
BY PERMISSION
Jfiost rifsrdfuHn Inscribe!).
PREFACE.
A QUARTER OF A CENTURY lias elapsed since I com-
menced writing ' The Lives of the Lord Chancellors
of Ireland.' I had been but a short time called to
the Bar. and my avocations did not prevent me from
engaging in this work. I had read with great plea-
sure the first series of Lord Campbell's ' Lives of
the Lord Chancellors of England,' published in
1845, and was desirous of compiling a similar work
in reference to the Lord Chancellors and Keepers of
the Great Seal of Ireland.
The office of Lord Chancellor has existed in this
country for many centuries; able and distinguished
men many of these Chancellors were, and they
exercised great influence upon the destinies of the
kingdom. I felt anxious to render my work useful
to the statesman as well as to the professional
reader, and as, from the want of contemporary re-
ports, the legal materials for the Lives of the early
Chancellors were very meagre, I tried to make these
memoirs interesting by narrating some of the stirring
historic events in which they took part.
I had made considerable progress in my work
when I was startled by the intelligence that a rival
was in the field — a rival whose claims I could neither
yiii PREFACE.
contest nor compete with- -who had been himself
11 LORD CHANCELLOR OF IRELAND — JOHN LORD CAMP-
BELL. I lost no time in writing to him to ascertain
the truth of this report, and, if it was as reported,
I offered to place my collection at his Lordship's
service. He replied at once :—
STRATHKDEN HOUSE: November 14, 1846.
SIR, — I am much obliged to you for your polite com-
munication. I am going on collecting materials for the
Irish Chancellors, but I would not, at present, avail my-
self of the assistance which you are so good as to offer me.
I have the honour to be,
Your obedient faithful Servant,
CAMPBELL.
J. R. O'Flanagan, Esq.
The attention of his Lordship was shortly after-
wards directed to other subjects, and his death
having taken place without any indication of his
having prepared the meditated work upon the Irish
Chancellors, I resumed my labours. I applied to
the present Lord Campbell, and to his accomplished
sister, stating the offer I had made as a claim to any
materials which the late noble Lord might have
prepared, and I received from both most polite
replies. They caused search to be made for any
papers relating to Ireland, but without effect. The
Honourable Miss Campbell wrote thus : —
'After finishing the English Chancellors, and before
beginning the Chief Justices, he certainly had it in his
mind to turn to Ireland for the subject of his next bio-
graphical work, and I think he collected some books, and
read up the subject, but, as far as I am aware, he wrote
nothing. The field is therefore perfectly open to you,
and I hope that a very successful book may be Ihc result
of your labours.'
PREFACE. IX
I accordingly applied myself resolutely to my task,
and spared no exertion to make my work worthy of
its subject, it is divided into two volumes. The
first contains the Lives of the Lord Chancellors
from the earliest I could trace to Sir Constantino
Phipps. The concluding volume will, I expect, prove
far more interesting to legal readers, and terminates
with the career of a great Irishman — Lord Chan-
cellor Lord Plunk et. I have received most valuable
assistance from the Right Honourable William Brod-
rick, the present Lord Midleton, for the biography
of his distinguished ancestor. I also beg to express
my sincere thanks to my respected friends, Messrs.
Labarte and Haverty, the learned and most attentive
principal and assistant librarians of the Queen's Inns ;
also to the officers of the Public Record Office,
Dublin, particularly William M. Hennessy, Esq.
M.R.I.A. I derived much aid from works placed at
my service by the Honourable Judge Flanagan, and
Ralph S. Cusack, Esq., Clerk of the Hanaper ; and
the publications of Sir Bernard Burke, Ulster King-
of-Arms, Evelyn P. Shirley, Esq., John T. Gilbert,
Esq., the Reverend Dr. Moran, the Reverend John
O'Hanlon, Dr. R. Madden, and the Calendars of
Chancery Rolls, so carefully executed by my friend
Mr. Merrill, under the truly valuable Commission of
the accomplished Master of the Rolls of England-
Lord Romilly. My thanks are peculiarly due to
William Griffith, Esq. of the English Bar, Author
of the admirable 4 Institutes of the High Court of
Chancery in England,' a work which contains a clear
and concise history of the practice and procedure of
X PREFACE.
the Court, with the best practical references. Not
only did he make useful suggestions while my work
was in preparation, but caused searches to be made
in the books of the various Inns of Court for dates
of admission and calls to the Bar.
My thanks are also due to my accomplished friend
William John Fitzpatrick, Esq., J.P., well known
for his interesting biographical works. He placed a
mass of materials at my service, which has proved
extremely valuable towards the memoir of Lord
Plunket.
In endeavouring to render my work suitable for
the general reader, I have introduced matters which,
in strictness, may be regarded as unsuited to a work
of this nature. I wished to relieve the tedium of
dry reading by incidents of historical or familiar
interest. I hope my object will suffice for my
excuse.
1 8 SUMMER HILL, DUBLIN :
September 1, 1870.
CONTENTS
OF
THE FIRST VOLUME.
INTRODUCTION.
THE LEGAL TRIBUNALS OF THE IRISH. INTRODUCTION OF ENGLISH LAWS
INTO IRELAND, WITH THE APPOINTMENT AND DUTIES OF LORD CHAN-
CELLOR IN THAT COUNTRY.
Legal Tribunals of the Irish, Page 1. Cormac Mac Art, A.D. 227, 1. Defeat of
King Art, 1. Mac Con seizes the Crown, 1. Unpopularity of the Usurper, 1.
Prince Cormac at Tara, 2. Case of Trespass, 2. Decision of the King de-
clared unjust by Cormac, 2. Cormac's Sentence approved, 2. The King
orders his Arrest, 2. The Usurper dethroned, 2. Cormac called to the Throne,
2. Collects the Brehon Code, 2. Bardic Description of King Cormac, 3.
Saltair of Tara, 3. Compensation by Eric, 3. Tanaistry, 4. Gavelkind, 4.
Land held in Common, 4. Cattle the chief mode of Payment, 4. Fosterage,
4. Doctors' Fees not payable unless Cure, 5. Brehon Commission, 5. Sean-
chus Mor, 5. Decline of the Brehon Laws, 5. Ancient Modes of Ordeal, 5.
Moran's Collar, 5. Tal Moctha, 5. Crannchur, 5. The Branch of Sen MacAige,
6. Ordeal by Water, 6. Trelia Mothair, 6. Ordeal by Battle not used by the
Irish, 6. English Settlement in Ireland, 7. Progress of Henry II., 7. Henry
spends Christmas in Dublin, 7. Synod of Cashel, 7- Irish Bishops acknow-
ledge Henry II. Sovereign, 7- Statute of Henry Fitz Empress, 7. State
officials, 7- Capitalis Justiciarius, 7. Hostages, 8. English Laws confined
to certain Families, 8. Accession of Henry III. A.D. 1216, 8. General Amnesty,
8. Magna Charta extended to Ireland, 8. Chancellors appointed, 8. First
Chancellor, 9. Custody of the Great Seal, 9. Chancellor's Precedence, 9. Poli-
tical Importance of Office, 9. English Laws introduced by King John, 9.
Chancellors, Judges, and Lawyers English, and Ecclesiastics, 10. Courts held
in Dublin Castle, 10. Account of the Castle, 10. The Exchequer, 11. This
Court in the 14th Century, 11. Salary of Lord Chancellor, 11. Gradual
Increase of Salary, 12. Officina Justicise, 12. Eoyal Grants, 12. Keeper of
the Great Seal and the King's Conscience, 12. Hanaper and Petty Bag, 13.
Scire facias, 13. Equitable Jurisdiction, 13. Writ of Ne exeat Eegno, 13.
Control of Coroners, 13. Appellate Jurisdiction, 13. Custodium of Idiots and
Lunatics, 14. Speaker of the Irish House of Lords, 14. Appoints and Re-
moves Magistrates, 14. Dress, 15. Title, 15. Keeper of the Great Seal, 15.
When Chancellor absent, Commissioners appointed, 16. Description of Present
Great Seal, 16. Tenure of Office, 16. Use of the Great Seal, 16.
xii CONTENTS OF
CHAPTER I.
OF THE CHANCELLORS OF IRELAND FROM THE REIGN OF HENRY III. TO
THE REIGN OF EDAVARD II.
Irish Records, 18. Difficulty of tracing Early Chancellors, 18. Stephen Ridell,
18. John De Worchley, 18. Ralph Do Neville, 18. Deputy appointed. 19.
Geoffrey De Turville, 19. Names of Chancellors, 19. Fromond Le "Brim, 19.
Dignity of Chancellors in England, 19. Contested Election, 19. Thomas
Cantock, Chancellor, 20. Bishop of Emly, 20. Great Feast, 20. Records
Burnt, 20. Edward I., 20. Excellent Statutes, 21. Ordinatio pro Stahi
Hibernire, 21. Study of English Law, 21. Collett's Inn, 21. Irish Courts,
21. No Equitable Jurisdiction, 21. Exchequer busy, 21. Death of Lord
Chancellor, 21. Great Seal deposited in the Treasury, 21. Walter de Thorn-
bury, Chancellor, 22. Elected Archbishop of Dublin, 22. Chancellor drowned,
22. William Fitz-.Tohn, Chancellor, 22. Bishop of Ossory, 22. Contest for
the, Archbishoprick of Cashel, 22. Three Rivals in the Field, 22. The Pope
appoints the Archbishop, 23. Chancellor in 1318, 23. Conduct to the Natives,
23. Parliament Interferes, 23. Reputation of the Chancellor, 24. His
Poverty, 24. Gustos, 24. Death, 24. Roger Utlagh, Chancellor, 24. Viceroy,
24. Case of Dame Alice Kyteler, 25. Alice deals in Witchcraft. 25. Heresy,
25. Charges of Witchcraft, 25. Dame Alice pays a fine, 26. Bishop applies
to Lord Chancellor to arrest her, 26. Chancellor declines. 26. She is cited
by the Bishop, 26. Excommunicated, 27. The Bishop taken Prisoner, 27.
Diocese under an Interdict, 27. The Bishop summoned before the Viceroy, 27.
And Archbishop of Dublin, 27. Proceedings of the Bishop, 27. Dame Alice
again summoned, 28. Escapes, 28. Her Son Imprisoned, 28. Accomplice
Burnt, 28. Chancellor Threatened, 28. Meets the Charge, 28. Commis-
sioners, 29. Chancellor acquitted, 29. Utlagh defends the Pale, 29. Death
of Ex-Chancellor, 30. Ancient Statutes, 30.
CHAPTER II.
LIFE OF LORD CHANCELLOR DF, BICKNOR.
Uncertainty when De Bicknor was Chancellor, 31. His Family, 31. Arrival
in Dublin, summoned to Lincoln, 32. The King applies for Aid against the
Scots, 32. State of the Irish Bench, 33. Founds the first University in Dublin,
34. Ancient Irish famed for their Schools, 34. Difficulties of the Under-
taking, 34. Reasons for selecting Dublin, 35. The Pope approves, 35. Rules
for the University, 35. Election of Chancellor, 35. His Jurisdiction, 36.
Power to appoint a Deputy, 36. Appeals, 37. The Project carried out, 37.
De Bicknor, Ambassador, 37- Incurs the King's Displeasure, 37. Complains
to the Pope, 37. No Notice of the Complaint, 38. Lord Chancellor, 38.
Prince Edward, Regent, 38. The King takes Revenge, 38. Precedency, 38.
Summoned to England, 39. Pardon, 39. Regulations at a Synod, 39. Pri-
niatial Rights, 39. Death of De Bicknor, 40. His character, 40. Desire to
encourage Industry, 40. Ancient Statutes, 40. Red Book of the Exchequer,
and Contents, 41.
THE FIRST VOLUME. xiii
CHAPTER III.
OF THE CHANCELLORS OF IRELAND FROM THE REIGN OF EDWARD II. TO
THE DEATH OF CHANCELLOR DE AVICKFORD.
Names of Chancellors of whom little is known, 43. Robert de Wick ford, Chan-
cellor, 43. His Family, 43. Graduate of Oxford, 43. Archdeacon of Win-
chester, 43. Treaty with the Duke of Brabant, 44. Constable of Bourdeaux,
44. Judge of Appeal Court, 44. Is prosecuted while absent, 44. Sentence
reversed by Command, 45. Elected Archbishop of Dublin, 45. State of Ire-
land, 45. Mandate from Edward III. to Earl of Kildare, 46. Difficulty of
Travelling, 46. Chancellor's Guard, 47. St. Patrick's Purgatory, 47. Writ
ajjainst Archbishop of Dublin, 47. Chancellor of Ireland, 48. Richard II.
King, 48. Chancellor to alter Great Seal, 48. Absentees from Parliament
fined, 48. Case of the Bishop of Emly, 48. Duties of Irish Ecclesiastical
Chancellors, 49. Assizes lapse by Chancellor's Absence, 49. A Subsidy, 49.
Health fails, 50. Great Seal in Commission, 50. Death of Chancellor,
50. Street begging, 50. Dissensions in Ireland, 51. Crystede's Narrative,
.")!. English adopt Irish Names and Customs, 53. Statute of Kilkenny, 53.
English Laws neglected, 54. No Irish admitted to any Benefice, 54. Bards
denounced, 54. Soldiers for Defences, 54. Danger of Chancellors, 55. Pres-
ton's Inn, 55.
CHAPTER TV.
LORD CHANCELLORS OF IRELAND DURING THE REIGN OF KING RICHARD II.
John Colton, Lord Chancellor, 56. Birth and Education, 56. Prebendary of
Bugthorp. 56. Dean of St. Patrick's, Dublin, 56. Lord Chancellor's Retinue,
56. Death of Lord Lieutenant, 56. Chancellor proceeds to elect Lord Justice,
56. Chancellor accepts Office on Conditions, 57. Salary increased, 57. Ad-
vantage of Lord Chancellor being hospitable, 57. William Tany re-appointed,
57. Alexander De Balscot, Chancellor, 57. Family Name, 57. Canon of
Kilkenny, 57. Bishop of Ossory, 58. Treasurer, 58. Lord Chancellor, 58.
Ireland torn by Dissensions, 58. Chancellor and Archbishop of Dublin repair
to the King, 58. De Vere, Viceroy, 58. Liberality to get rid of him, 59.
Unlimited Authority, 59. First Marquis in Ireland, 59. His Great Seal, 59.
Letters Patent, 59. Sir John De Stanley, Deputy, 59. Duke of Ireland, 60.
English Peers, 60. Exiled Judges, 60. Provision for their Support, 61. The
Bishop hardly dealt with, 61. Dies in Cork, 61. Chancellor uses the
Great Seal of De Vere, 61. Reprimand from King Richard II., 61. Richard
Plunkett, Lord Chancellor, 62. The Pluuketts, 62. Birth and Career at the
Bar, 6'2. Chief Justice, 62. Lord Chancellor, 63. King Richard II. in Ire-
land, G3. Personal Appearance, 63. Unable to engage the Irish Troops, 63.
Richard Northalis, Lord Chancellor, 63. Native of London, 64. A Carmelite
Friar, 04. Bishop of Ossory, 64. Appointment of Justices of the Peace, 64.
Abuses of the Irish Government, 65. Commissioner of Records, 65. Ambas-
sador to the Pope, 66. The Bishop in Rome, 66. Lord Chancellor, 67. Death
of the Queen, 67. Richard II. describes the State of Ireland, 67. The King
lays aside the Sword, 6". Four Kings Knighted, 68. The Banquet, 68.
Richard's Policy, 68. Roger de Mortimer, Viceroy, 68. Descent and Per-
sonal Qualities, 68. Sir William Le Scrope, 69. Entreaty of Lady Le Scrope,
69. Earl of Wilts, 69. Lord Chancellor Archbishop of Dublin, 70. Admiral
of Dulkey, 71. Death of Lord Chancellor Nurlhalis, 71.
xiv CONTENTS OF
CHAPTER V.
LIFE OP LOKD CHANCELLOR CEANLEY, ARCHBISHOP OF DUBLIN.
Birth, 72. Kesolves to be a Carmelite Friar, 72. Career at Oxford, 72. Arch-
bishop of Dublin, 72. Favours bestowed by Richard II., 72. Colonisation, 72.
Lord Chancellor, 73. License to treat with the Irish, 73. English Rule in
Ireland, 73. Relations of the Irish with the Continent, 74. Rapacity of
English Officials, 74. Oppression of the People, 74. Thomas of Lancaster,
Viceroy, 75. Council to assist the Viceroy, 75. Chancellor's Letter to Henry
IV., 75, Poverty of Viceregal Court, 75. Sir Laurence Merbury, Lord Chan-
cellor, 76. Patrick Barrett, Lord Chancellor, 76. Thomas Le Boteller, Lord
Keeper, 77. The Family of Boteller, 77. Kilkenny Castle, 78. Career of Thomas
Le Boteller, 79. Prior of Kilmainham, 79. Lord Deputy, 79. Resigns the
Great Seal, 80. Death, 1419, 80. Reappointment of Archbishop Cranley, 80.
Lord Chancellor sends a Deputy to hold Assizes, 80. Lord Justice, 80. Chan-
cellor writes Poetry, 80. Sir John Talbot, Viceroy, 80. Chancellor Lord
Deputy, 81. Irishmen ordered out of England. Exceptions, 81. The Country
inaccessible, 81. Palatine Courts. 81. English Laws confined to Dublin, 81.
Legal Profession in Ireland, 82. Equitable Jurisdiction of Chancery, 82.
Irish Law Students, 82. Remonstrance, 82. Sir Laurence Merbury again Chan-
cellor, 82. Crauley deputed to lay Complaints before the King, 83. Death of
Ex-Chancellor Cranley, 83. His Character and Appearance, 83. Fitz Thomas
and Yonge, Chancellors, 84.
CHAPTER VI.
LIKE OF LORD CHANCELLOR TALBOT FROM HIS BIRTH TILL HIS REFUSAL
TO SURRENDER THE GREAT SEAL.
Accession of Henry VI., 85. Richard Talbot, Lord Chancellor, 85. Family of
Talbot, 85. Richard ordained, 85. Loses the Primacy, 86. Archbishop of
Dublin, 86. Deputy to Sir John Talbot, 86. Ordinance of Henry II., 86.
Judicial Combat, 87. Chief Clerk taken Prisoner, 87. Anglo-Irish Griev-
ances, 87. Invitation for a Royal Visit, 87. Duties by Deputy, 88. Singular
Request to Henry VI., 88. The Pope to authorise a Crusade against the
Irish, 89. Talbot, Lord Justice and Lord Chancellor, 89. Declines to re-
cognise a Lord Deputy, 89. Proceedings thereupon, 90. The Chancellor
yields, 90. Death of Lord Lieutenant, 90. Chancellor prevented going Circuit,
90. Sir Richard Fitz Eustace, Chancellor, 91. A Parliament, 91. Beneficent
Viceroy. Temp. Henry VI., 91. Remittances requested, 91. Complaints to be
disregarded, 92. Students to be admitted to English Inns of Court, 92.
Counter Statement, 92. Parliamentary Certificates, 92. Counter Statement
sent to the Viceroy, 93. Chancellor and Council repudiate it, 93. Ill-feeling
between the Archbishops, 93. Question of Precedence, 94. Serious Charge
against Talbot, 94. Reluctant to resign, 94. Refuses the Great Seal to his
Successor, 94.
THE FIRST VOLUME. XV
CHAPTER VII.
LIFE OF LORD CHANCELLOR TALBOT, CONCLUDED.
Shite of Ireland in A.D. 1435, 96. English Rule confined to narrow Limits, 96.
Viceroy solicits the King's Presence in Ireland, 96. Short Visits of Lord Lieu-
tenant, 97. Cruisers required, 97. Archbishop Talbot, Lord Justice, deputed
by Parliament to Henry VI., 97. Requests, 97. Creation of Peers, 97. Re-
fused by the King, 97. Ex-Chancellor's Speech, 98. Reasons for preferring an
English Viceroy, 98. Qualifications for Lord Lieutenant, 98. Earl of Ormond,
98. Ask for a Commission, 99. The Deputy to be first removed, 99. Both
Viceroy and Archbishop Lectured, 99. All in the Wrong, 100. Evils of chang-
ing Lord Lieutenant, 100. The Judges, 100. Expenditure, 100. Absentee
Tax, 100. Thomas Chase, Lord Chancellor, 100. Talbot elected Archbishop
of Armagh, 101. Declines, 101. Writes on the Abuses of the Viceroy, 101.
Ormond accused of High Treason, 101. Wager of Battle, 101. The Prior
Trains for the Combat, 102. The Day fixed, 102. The Hour comes, but not
the Man, 102. The Church forbids the Fight, 102. The King Arbitrates,
103. Talbot tacitly rebuked, 103. Fate of the Warlike Prior, 103. His
Misconduct, 103. Sir John Talbot again Viceroy, 103. Shaving Statute, 104.
Death of Archbishop Talbot, 104. Burial, 104.
CHAPTER VIII.
LORD CHANCELLORS OF IRELAND DURING THE WARS OF THE ROSES.
The Wars of the Roses, 105. Successive Chancellors, 105. Edmund Plantagenet,
Chancellor— Born 1443, 105. Duke of York, Viceroy, A.D. 1449, 106. Peaceful
Relations, 106. Duke of Clarence Born, 106. Sponsors, 106. The Duke
beloved, 106. Discontent of the Duke, 106. Urgent Letter to the Earl of Salis-
bury, 107. Compelled to raise Money, 107. Appointment of Chancellor ratified
by Parliament, 108. The Irish Parliament asserts Independence, 108. Subjects
in Ireland, 108. Appeals of Treason, 108. Duke of York to be respected
as King, 109. Attempt to arrest the Duke — Fatal Consequences, 109. Effort
to create a hostile Party, 109. Failure, 109. Visit of Earl of Warwick, 110.
Capture of the King, 110. The Viceroy and Lord Chancellor leave Ireland,
110. The Duke Protector, 110. Besieged by Queen Margaret, 110. Heroic
Speech of the Duke, 111. Urged to wait for Succour, 111. His Troops resolve
to die with him, 112. The Battle, A.D. 1460, 112. The Chancellor fights, 112.
The Duke killed, 112. Chancellor taken Prisoner, 112. Vengeance of Lord
Clifford— Chancellor Slain, 113. Goldhall, Chancellor— Probably Deputy, 113.
Sir John Talbot, Chancellor, A.D. 1454, 113, John Dynham, Chancellor, A.D.
1460, 113. Sir William Welles, Chancellor, 1461, 113. A New Great Seal,
113. Sworn at Westminster, 113. John Tiptoft, Earl of Worcester, Lord
Chancellor, 114. Graduate of Oxford, 114. Effect of his Latin Oration on
Pope Pius II, 114. His learning, 115. Appointments — Chancellor of Ire-
land, A.D. 1467, 115. Deputy to the Duke of Clarence, 115. Heads of the
Geraldines attainted — Earl of Desmond beheaded, A.D. 1467, 115. King Edward
IV. and the Earl — Desmond's Advice to the King, 115. Character of Desmond,
116. The Treasurer arraigned before the Chancellor, 116. The Treasurer
declares his Innocence, 117. His Accuser attainted, 117- Chancellor recom-
mends Creation of a Peer, 117. Order of Parliament respecting the Viceroy,
117. Lambay granted to the Chancellor, 117. The English Settlement, 117.
VOL. i. a
xvi CONTENTS OF
Drogheda rewarded, 118. Lord Chancellor and the Earl of Kildare, 118. Earl
of Worcester, Viceroy, A.D. 1470, 118. A Conspiracy, 118. Trial before the
Ex-Chancellor of Ireland, 118. The Butcher of England, 119. Henry VI.
Eestored, A.D. 1470, 119. The Butcher sought for— Caught in a Tree, 119.
His Trial and Sentence, 120. Caxton's Panegyric on the Earl, 120. His Pos-
sessions in Ireland given to the Earl of Kildare, 120.
CHAPTER IX.
LOUD CHANCELLORS OF IRELAND DURING THE WARS OP THE ROSES —
CONTINUED.
Ireland much disturbed, 122. Thomas, Seventh Earl of Kildare, Lord Chancellor,
122. Maynooth Castle, 122. Kildare, Deputy, 122. Kichard, Duke of York,
Viceroy, 122. Policy of the Duke of York, 123. Eival Earls Godfathers, 123.
Earl of Kildare Lord Justice and Lord Chancellor for Life, 123. Chancellor
builds the Abbey of Adare, 123. Implicated with the Earl of Desmond, 124.
Restored to Royal Favour and Attainder Reversed, 124. Appointed Lord
Justice, 124. Geraldine's Cast, 124. The Earl's Justice, 124. Angry Speech,
124. The Earl's Reply, 125. Raid on Farney, 125. English Bows, 125. Con-
firmed Lord Chancellor for Life, 125. Removed from Office of Deputy, 126.
Commission to settle Irish Quarrels, 126. Bishop Sherwood deputed to Eng-
land, 126. The Brotherhood of St. George, 126. The Standing Army, 127.
Chief Baron punished, 127. Heads a Popular Tumult, 127. Escape of Lord
Ratoath, 127. Earl of Kildare dies, 127. Sir Roland Fitz Eustace, Lord
Chancellor, 128. Family of Eustace, 128. Sir Roland arraigned, 128. His
Wife and Daughters, 129. Treasurer of Ireland and Lord Chancellor, 129.
Grants for Repairs — Courts in a ruinous State, 129. Remains Treasurer but
not Chancellor, 129. Bishop Sherwood, Chancellor, 129. Royal Precept — •
Duty of Treasurer, 129. Refuses to deliver the Great Seal to his Successor, 130.
Sad State of Affairs, 130. Travelling to Parliament, 130. Rival Viceroys,
Rival Chancellors, and Rival Parliaments, 131. New Great Seal, 131. Deputy
to appoint Keeper of Old Seal, 132. Prior of Kilmainham — Death of Ex-
Chancellor Fitz Eustace, 132. Monument in Kilcullen — Costume, temp. 1496,
132. William Sherwood, Chancellor and Bishop of Meath, 134. Feud with
the Earl of Desmond — both complain to the King, 134. The Earl for a time
tmvmphs, 134. Sherwood, Chancellor, 134. Precept of Edward IV. — Conduct
of Chancellor — Sitting of Chancellor, and Duties, 134-5. To Seal no Pardons
from Rome without Order — Chancellor to abide near the Courts, 135. Death
of Lord Chancellor, 135. Clerk of the Hanaper, 135.
CHAPTER X.
LORD CHANCELLORS OF IRELAND DURING THE REIGN OF HENRY VII.
Ireland during the Reigns of Edward V. and Richard III., 136. State of Re-
ligion, 136. Doubts about Election of Lords Justices, 137. Arrangement for
future Elections, 137. Death of Richard III., 137. The Young Pretender,
137. Sir Thomas Fitz Gerald, Lord Chancellor, 138. Promises of Support,
138. Lambert Simnel, 138. Ormond sides with Henry VII., 138. Aid from
Burgundy, 138. Coronation in Dublin, 139. Lord Chancellor resigns the
Mace for the Sword, 139. Becomes a General of Division, 139. Battle of
Stoke— Ex-Chancellor Slain, 139. Fate of the Boy-King, 149. Alexander
THE FIRST VOLUME. xvii
Plunket.t, Lord Chancellor, 140. The Plunkotts of Killeen -How Sir Thomas
Plunkett met the Heiress, 140. Mary Cruys of Kathmore, 141. The Fate of
Sir Christopher Cruys, 141. Plunkett and the Heiress — His Fee, 142. Be-
comes Chief Justice of Ireland, 142. Ancestor of the Duke of AVdlington, 142.
How the Government was administered in Ireland, 143. Accession of Henry
VII., 143. His Irish Policy, 143. Sir Edward Poyning, Lord Deputy, 144.
Poyning's Parliament at Drogheda, 144. Poyning's Law and effect of Poyn-
ing's Law, 145. Koyal Grants revoked — War Cries, 145. Irish excluded from
Offices, 146. Peers to wear Robes, 146. Walter Fitz Simon, Chancellor, 146.
Equitable Jurisdiction of Chancery, 146. Early Career of Fitz Simon, 146.
Elected Archbishop of Dublin— Consecrated in St. Patrick's, 146. Renews
his Allegiance, 147. Also the Earl of Kildare, 147. Fitz Simon named Deputy
—Endeavours to reform the Irish, 147. Younger Sons — Lower Orders — Idle-
ness— Vagrants, 148. A Parliament, 148. Fitz Simon goes to the King, 148.
Reception by Henry VII., 149. Prince Henry, afterwards Henry VIII., Viceroy,
149. Fitz Simon, Lord Chancellor, 149. Early Eqxiitable Jurisdiction of
Chancery, 149. Licence to build Hospital, 150. Chancellor's Death, 150.
Buried in St. Patrick's, 150. Irish Statutes passed in the Reign of Henry VII.,
150. Ancient Irish War Cries, 151.
CHAPTER XL
LORD CHANCELLORS OF IRELAND DURING THE REIGN OF HENRY VIII.
English Laws limited to the Pale, 152. Operation extended, 152. Royal Title, 152.
William Rokeby, Lord Chancellor — His Family, Education and University
Career, 153. First preferment, 153. Bishop of Meath, Lord Chancellor, and
Archbishop of Dublin, 153. Accession of Henry VIII. — Provincial Synod, 154.
Unclerical Sports, 154. Condition of the Clergy, 154. Clerical College at
Maynooth, 155. The Fitz Geralds and Butlers, 155. King Henry's letter to
the Viceroy, 155. Unfortunate Policy, 155. Mortuary Chapel, 156. Last In-
junction, 157. Death, 157. Sir Nicholas St. Lawrence, Lord Chancellor —
Family of St. Lawrence, 157. Agreement between two Knights, 158. The
Bridge of Evora— Howth — Sad Plight of Sir Americus Tristram, 158. Spirited
Address to his Troops, 159. His example followed — two escape, 159. Name
of St. Lawrence — Parents of Lord Chancellor, 159 — His Father's Career, 160.
Exploits of the Chancellor, 160. His Death, 160. Hugh Inge, Lord Chan-
cellor, 161. Birth-place and Education, 161. Character of William of Wick-
ham, 161. Studies at Oxford and obtains a Fellowship, 161. Preferments,
162. Mission from Rome to the King, 162. Doctor of Divinity — Bishop of
Meath — Archbishop of Dublin and Lord Chancellor, 162. The Earl of Kildare,
163. Spirited Reply to Wolsey, 163. Death, 164. Office of Master in Chancery,
established in Ireland — Duties of Ancient Masters — Of Modern Masters, 164.
Salary, 164. Office abolished, 165.
CHAPTER XII.
LIFE OF LORD CHANCELLOR ARCHBISHOP ALAN.
John Alan, 166. From Oxford to Cambridge — Preferments — Succeeded by
Erasmus — Selected by Warham as Agent, 166. Warham's Rudeness, 167.
Chaplain to Wolsey, 167. Judge of Legatine Court, 167. Warham, Chan-
cellor of England, 167. Wolsey building Colleges — Lord Chancellor of Eng-
land, 167. Suppression of Monasteries, 168. Monks as Agriculturists —
a2
xviii CONTENTS OF
as Transcribers, 168. Fate of the Suppressors, 169. Alan, Archbishop
and Lord Chancellor, 169. Letter to Lord Cromwell, 170. Chancellor's Fee
in Arrear, 170. Asks for a Prebend — Promises Gifts, 170. Earl of Kildare,
Viceroy, 171. Eeady Wit, 171. Alan removed from the Chancellorship
— Cromer appointed, 171. Alan plots against the Viceroy — Memorial
from the Privy Council, 171. Recommends English Viceroys, 172. Kildare
accused of High Treason, 172. Silken Thomas, Deputy, and Kildare's Advice
to his Son, 173. The Deputy and Council, 173. Kildare sent to the Tower,
174. False Reports— Lord Offaly Rebels, 174. Obtains Sinews of War—
Contradictory Advice, 175. Lord Offaly perseveres — Proceeds to St. Mary's
Abbey, 175. The Deputy takes his Seat — Speech to the Council, 176. Henry's
Foe — Presents Sword of State to Lord Chancellor, 177. Chancellor dissuades
him, 177. His Reply — -Throws down the Sword and Departs, 177. Applica-
tion to Lord Mayor, 178. Chief Baron and Archbishop fly to the Castle — Lord
Offaly and House of Ormond, 178. Archbishop on Board Ship — Lauds at
Clontarf— Concealed at Artane, 178. Pursued, 179. The Last Appeal, 179.
Lord Offaly orders his Removal — The Death Blow, 179. Works of Lord Chan-
cellor Alan, 180. The Fate of the Geraldines — An Heir preserved, 180.
CHAPTER XIII.
LORD CHANCELLORS OF IRELAND DURING THE REIGN OF HENRY VIII. —
CONTINUED. LIFE OF LORD CHANCELLOR CROMER.
George Cromer — His Character, 181. Archbishop of Armagh — Uncomplimentary
description of Armagh — Succeeds Alan as Lord Chancellor, 181. Imprudence
of Kildare — His Conduct accounted for, 182. Memorial against him, 182.
Kildare committed to the Tower, 182. Conduct of Lord Chancellor- — His Able
Speech, 182. The Subject's Duty, 183. The Name of King Sacred— Power of
Henry VIII., 183. Foretells Consequences of Revolt — Appeals to Lord Offaly's
Birth, 184. Reasons for submitting, 185. The Address unheeded, 185.
Lord Chancellor refuses to acknowledge the King's Supremacy, 186. Removed-
Succeeded by Lord Trimlestown, 186. Primate Cromer convenes the Clergy and
Bishops. There comes a Change. Sentence of Suspension, 186. Death, 186.
Lord Trimlestown, Lord Chancellor, 187. Family of Barneville — Vale of
Shanganah — Legal Offices of the Barnewalls — Baron of Trimlestown — Parents
of Lord Chancellor — John Barnewell studies Law, 188— Second Justice of the
King's Bench — Married Four Times — His First Wife — Family of Bellew, 188.
Vice-Treasurer and Treasurer — Archbishop Brown — His Mission, 188. Want
of Success — Letter to Cromwell — Complains of Lord Chancellor Cromer, 189.
Cromer removed— Lord Trimlestown, Chancellor, 189. Proxies in Parliament,
190. Second Letter to Cromwell — Proxies nvust be excluded, 190. Reforming
Circuit — Results — Death of Lord Chancellor, 191. Parliaments during Reign
of Henry VIII. Enrolled Decrees of the Reign of Henry VIII., 191.
CHAPTER XIV.
LIFE OP SIR JOHN ALAN, LORD CHANCELLOR.
Family of Alan — John a Law Student, 193. Practises in Ireland — Master of the
Rolls — Letter respecting Lord Offaly, 194. Clerk in Parliament— Grant to Sir
John Alan, 195. Lord Keeper — Lord Chancellor — -Cusack intrusted with the
Great Seal, 196. Deputies to Vicar-General, 197. Suppression of Religious
Houses, 197. Sir Anthony St. Leger, Viceroy, 198. Legal Education in Ire-
land, 199. Letter to Cromwell respecting Inns of Chancery, 199. Petition
THE FIEST VOLUME. XIX
from Judges arid Lawyers, 200. The Judges separated — Importance to Stu-
dents—House of Black Friars— The King's Inn, 200. Lease to Lord Chan-
cellor and others, 201. Alan deprived of the Chancellorship — Death of Henry
VIII., 201. No Pension — Compensation — Sir Nicholas Eeade, Lord Chancellor,
201. Indulgences to Ex-Chancellor, 201. Reade's Appointment confirmed.
Queen Mary's Letter, 202. Alan retained a Privy Councillor — His Conversa-
tion with St. Leger, 203. Spends the Evening with the Dean of Christchurch,
204. The Archbishop's Opinion of the Viceroy — Words attributed to Alan,
204. Denial — Archbishop tries to sustain his Charge, 205. Alan corroborated
Conduct of the Ex-Chancellor, 205. Viceroy removed, 206. Reinstated, 206.
Death of Sir John Alan, 206.
CHAPTER XV.
LIFE OF SIR THOMAS CUSACK, FROM HIS BIRTH TILL THE DEATH OP KING
HENRY VIII.
Family of Cusack, 207. High Offices— Deeds of Arms, 208. Estates acquired
by Marriage — Birth of Thomas Cusack, 209. Young Irishmen in the Time of
Henry VII., 209. County of Meath, 210. Tara, 210. Monastic Schools,
Duleek, 210. Want of Legal Education in Ireland, 211. Law Students and
Barristers, 211. Irish Law Students not admitted to English Inns, 212. Re-
monstrance— The King corrects this — Dove House — Law Students in London,
212. Learning of Thomas Cusack, 212. Court of Henry VIII., 214. Wolsey,
Chancellor of England — Cusack called to the Bar — Rebellion of Silken Thomas
— Cusack a Judge — Chancellor of the Exchequer, 215. His Judicial Cha-
racter— Private Life — First Marriage — Family of Hussey, 215. Divorced, 216.
Second wife— Family of D'Arcy, 216. Black Mail— Mischievous Policy, 217.
Cusack elected Speaker, 217. Lptter from Sir W. Brereton to Earl of Essex,
217. Lord Grey's Parliament — Letter from Archbishop to Henry VIII., 218.
A Parliament — Cusack again Speaker, 219. Letter from Lord Deputy to
the King, 219. Lords and Commons in separate Houses, 220. Public Re-
joicings in Dublin, 220, Monasteries — Cusack takes Care of himself, 221.
Application on his Behalf — Request granted, 221. Effects of Dissolution, 221.
Cusack's Devise, 222. Wise Counsels, 222. Master of the Rolls, 222. Sur-
render of St. Patrick's Cathedral— Dean Swift's Endorsement, 223. gt. Leger's
Policy — Cusack's Letter to Paget, 223. Grief for the Deputy's Departure, 224.
Result of Kindness— Object of Letter, 225.
CHAPTER XVI.
LIFE OF LORD CHANCELLOR CUSACK — CONCLUDED.
Accession of King Edward VI., 226. Commission respecting St. Patrick's Ca-
thedral— Courts held in St. Patrick's, 226. Sir Thomas Cusack, Lord Chan-
cellor— Insufficient Salary, 226. Custody of the Records, 227. Cusack, Lord
Justice, 228. Suit for Captaincy of a Country, 229. Death of Edward VI.,
230. Decrees in Chancery, temp. Edw. VI., 230. Mary, Queen, 230. Amnesty,
— St. Leger again Deputy, 230. St. Patrick's — Decrees in Chancery in Ire-
land enrolled, temp. Phil. & Mary, 231. Letter from the Queen to Lord Chan-
cellor, 231. Cusack prevents reversal of Grants, 232. Condition of the Colony,
233. Chief Baron Finglass— Dublin in A.D. 15o4, 233. Hospitality of the I.rnl
Chancellor — -A Jovial Lord Mayor, 234. Charity of the Citizens, 234. Cusack
ceases to be Lord Chancellor — Commission of Gaol Delivery, 235. Shane O'Neil
—Treaty with Earl of Desmond, 235. Death of Ex-Chancellor Cusack, 236.
XX CONTENTS OF
CHAPTER XVII.
LIFE OF LORD CHANCELLOR ARCHBISHOP CURWEN.
Family of Curwen or Curran, 238. Kesolves to get on, 238. Peto's Sermon,
238. Peto gets out of the King's Way, 239. Curwen preaches before the King
and attacks the absent Peto, 239. An unexpected Eeply — The King com-
mands Silence, 239. Friars before the Council, 240. Curwen supports the
King's Supremacy — Dean of Hereford, 240. Changes with the Sovereign, 240.
Archbishop of Dublin and Lord Chancellor, 241. Patent — Queen's Letter —
First Sermon in Dublin, 241. Lord Justice, 242. Eestores Emblems of
Catholic Piety, 242. Earl of Sussex, Viceroy, 243. His Eeception, 243.
Directed to restore Catholic Eeligion, 243. Supposed Cause of St. Leger's
Eomoval, 243. A Parliament — Acts against Papacy repealed, 244. Important
Proviso respecting Church Lands and Toleration of Irish Eoman Catholics, 244.
Death of Queen Mary, 245. Ireland on the Accession of Queen Elizabeth and
her Policy, 245. Prohibition against marrying Irishmen, 246. Family Feuds
— Litigation, 246. The Queen reports her Accession — Sidney, Lord Justice,
and Curwen, Lord Keeper, 246. Eeappointed Chancellor with a New Great
Seal, 247. The Chancellor in favour — Catholic Symbols removed, 247. Curwen
disliked by the Bishops — His desire to leave Ireland in his Letter to the. Queen,
247. Solicits an English See or a Pension, 248. Fears the Queen is prejudiced
against him and refers to Viceroy for a Character, 249. Letter to Cecil — Is
dissatisfied and has Nothing saved, 249. His Age, 250. Prefers a Bishoprick
in England, 250. Letter to Earl of Pembroke, 251. Opposes a University in
Ireland. 252. The Prebends, 253. Ulster, King of Arms, 253. Curwen not a
Shining Light — Charges, 254. A Second Letter to Cecil, 254. Wishes to leave
before Winter, 255. Importunate Suitor, 255. The Viceroy's Letter to Cecil,
256. Asks for Half-Year's Eent, and Viceroy recommends it, 256. Harsh
Comments on Curwen, 256. His Death, 256. Legal Changes, 257.
CHAPTER XVIII.
LIFE OF LORD CHANCELLOR WESTON.
Family of Weston, 258. Two sons study law: Eichard, Eeader of Middle Temple;
Eobert, Fellow of Oxford, 258. Principal of Broadgate Hall, Deputy Professor
of Civil Law, 258. Commissioner, Dean of Arches, and Lord Chancellor, 259.
His high character, 259. Lord Justice — Success in the Government — a Par-
liament— Chancellor's Speech, 260. Early sittings and Payment of Members,
261. Fatal illness of the Chancellor, 261. His last exhortation to his house-
hold, and last advice to the Council, 262. Death and Monument, 262. Irish
Acts, 262.
CHAPTER XIX.
LIFE OF LORD CHANCELLOR ARCHBISHOP LOFTUS, FROM HIS BIRTH TO
THE FOUNDATION OF THE UNIVERSITY OF DUBLIN.
Loftus a contrast to Weston, 263. Birth — education — noticed by Queen Eliza-
beth, 263. The Queen at Cambridge, 263. Enquires about Loftus, 264. Pro-
mises to reward his industry, 264. Loftus in Ireland — perplexity of an English
Bishop — Preferment, 264. Archbishop of Armagh, 265. Succession of Irish
Protestant Bishops, 265. Increase of business in the Court of Chancery, 266.
THE FIRST VOLUME.
Licensed to hold Deanery, 266. Excommunicates — and exchanges Armagh for
Dublin, 266. Resigns the Deanery to Lord Chancellor Weston, 266. Queen
Elizabeth's epistolary stylo, 266. National education, 267. Sinecures, 267.
Lord Chancellor, 267. Policy of Sir John Perrot, 267. St. Patrick's Cathe-
dral, 268. Canon's house, 268. Two Universities, 269. Project resisted by
the Chancellor, 269. Motives — the Viceroy and Lord Chancellor, 269. Trial
of Sir John Perrot, 270. The Queen approves of a University, 270. Site
selected — Monastery of All Hallows, 272. The Prior in Parliament — Monks as
landlords, 272. Priory surrendered, 273. All Hallows granted to the Corpo-
ration— and Chancellor's address, 273. His success — deputation to the Queen,
273. Charter — Chancellor first Provost, 274. Letter from Lord Deputy, 274.
Act of Uniformity smuggled through the Irish Parliament, 274.
CHAPTER XX.
CONCLUSION OF LIFE OF LOED CHANCELLOR ARCHBISHOP LOFTTTS.
Edmund Spenser, a clerk in Chancery, Secretary to the Viceroy, 276. Defeat of
the English, 276. War of Extermination, 277. Estates of Earl of Desmond,
277. Kilcolman Castle visited by Raleigh, 277. Spenser's fate, 278. Chan-
cellor accused — Commission issues, 278. Fresh change, 278. Queen writes
to Lord Deputy and Chancellor, 279. Lord Chancellor rebuked, 279. Chan-
cellor to answer, 280. Persecution of the Catholic Archbishop of Cashel — a
Judge an informer, 281. Arrest, 281. Archbishop tortured and executed, 281.
Mode of making Protestants, 282. Frequently Lord Justice, 282. Essex re-
buked by the Queen — Assistant Councillor, 282. Obtains numerous manors,
282. Lady Colley, 283. Death and burial, 283. Character of Chancellor, 283.
Decrees in Chancery from 24 Henry VIII., 283. Decrees respecting Acts of
Settlement, 284. Master of the Rolls, temp. Q\ieen Elizabeth — to sit in Chan-
cery, 284. Custody of the Rolls — Tenure, 285. Chancery Practice — Pleadings
• — Decretal order, 285. Cause against finding on Inquisition — Authority of
Judges, 285. Interrogatories, 285. Inducement for English barristers to
practise in Ireland, 286. Sir E. Fitton and Rookby Chief Justice, 286.
Assistant to know Irish, 287. Irish exactions, 287. A will in time of Eliza-
beth, 287.
CHAPTER XXI.
LIFE OF LORD CHANCELLOR SIR WILLIAM GERARD.
Family of Gerard, 289. Parentage — his brother — zeal in the cause of Elizabeth,
289. Lord Chancellor of Ireland, 289. Asserts the Queen's right to raise
money, 290. Deputation — the Queen imprisons the Deputation — also the
Petitioners, 290. Chancellor in England — the Queen praises the Chancellor,
290. Sir William Drury Lord Justice, 291. Illness of Sir William Drury—
Sends for Chancellor and his wife, 291. Death of Sir William Drury, 291.
Pelham, Lord Justice, 291. Lord Chancellor knighhd. 291. Commissioner —
ordered rest — Chancellor returns to England- — Dies — Officials not to be changed,
292. Number of Viceroys, 293. Attorney-General and Solicitor-General, 293.
Court of Chancery during the reign of Queen Elizabeth, 294.
XX11 CONTENTS OF
CHAPTER XXIL
LIFE OF LORD CHANCELLOR ARCHBISHOP JONES.
Thomas Jones a nat'^e of Lancashire, 296. His family, 296. Master of Arts,
Cambridge — Marries in Ireland — Chancellor and Dean of St. Patrick's, 296.
Recommended for a Mitre, 297. Bishop of Meath, A.D. 1584. Privy Councillor,
297. James I.'s opinion of him— Archbishop of Dublin, 297. Council, A.D.
1611, 298. Lord Deputy opens Parliamen4- — State Procession, 298. Lord
Chancellor's Speech, 298. Procedure of Irish Parliament, 299. Royal Assent,
299. Conferences between Lords and Commons, 299. Usher of Black Rod — Ser-
jeant-at-Arms — Debates — Conferences, 299. Street Regulations, 300. Parlia-
ments in Ireland in the Reign of James I. — Ludicrous Scramble for the Chair —
Offensive Acts repealed, 300. Bacon's Eulogy on Ireland and the Irish, 301. State
of the Church, 302. Sad Account of the Papists — and Protestant Ministers, 302.
The Archbishop and the Catholics, 302. Protects the Privileges of St. Patrick's,
303. Grant of Wardship, 303. Death iii 1619, 304. Monument in St.
Patrick's, 304. Sir John Davies — Pays court to Queen Elizabeth, 30o.
James I. encourages Men of Talent — Solicitor and Attorney-General, 305.
First Legal Writer in Ireland — Reports, A.D. 1615, 305. Wood Quay, a
favourite Residence of Irish Judges, 306. Davies returns to England — Lord
Chief Justice — and dies, 306. Courts at Chichester Hoiise, 306. The King's
Inns, 306. Order respecting them, 306. Barristers refusing to Dance, 307.
Irish Barristers learning to Dance, 307. Education of Irish Law Students in
Dublin— First call to Irish Bar, 308.
CHAPTER XXIII.
LIFE OF LORD CHANCELLOR LORD LOFTIJS.
Important period of Irish History, 310. Adam Loftus, grand-nephew to Lord
Chancellor Archbishop Loftus, son of Serjeant Loftus, 310. His education, 310.
Judge of the Martial Court — Commissioner, 310. Master in Chancery —
and Knighted, 311. Lord Keeper, A.D. 1603, 312. Plantation of Ulster —
Courts of Star Chamber and Wards, 312. Case for the Star Chamber, 313.
Member for King's County, 314. Privy Councillor — Lord Chancellor, 314.
Viscount Loftus of Ely — Estimate of him by the King, 315. Married— his
children — Court of Chancery Decrees in Ireland enrolled, temp. James I., 315.
Income of Chancellor increased, 315. Inauguration of Lord Deputy, A.D. 1622,
316. Precedence of Lords Justices — Serjeant-at-Arms, 318. Complaints
against the Lord Chancellor, 319. Letter from King Charles I., 319. Chan-
cellor to attend the King, 319. Commissioners of the Great Seal, 320. Of
Chancery, 320. Fresh complaints — Recalled to London — and clears his inno-
cency, 320. The Great Seal restored, 320. Accusers to be tried in the Star
Chamber, 321. Another Complaint, 321. Wentworth Lord Deputy, 322.
Letter from the Chancellor, 322. Receives support from Lord Deputy, 323.
Another Letter to Lord Wentworth — Ministers to be respected, 323. Relies on
Lord Wentworth, 324. Petition for an increase, 324. The King to Lord
Deputy, A.D. 1636— Chancellor presented with 3,000/., 324. Feelings of Vice-
roy changed, 325. Correspondence between Lord Chancellor and Lord Deputy,
325. Reasons for nominating Mr. Alexander, 326. Reply of Lord Deputy-
Recommends Serjeant Eustace, 326, Causes for Lord Chancellor feeling hurt,
THE FIRST VOLUME. XXH1
327. His reply — Mr. Serjeant Eustace the younger man, 327. Lord Deputy's
answer, 328. Qualifications 'of Serjeant Eustace, 329. Unpleasant relations-
Letter from Secretary Coke to Lord Deputy — Chancellor's imperfect answers,
329. Great Seal to bo taken, and Chancellor removed, A.D. 1639— Sentence of
Deprivation, 329. Sir Richard Bolton, appointed, 330. Lord Loftus resides at
Monasterevan — Estate given to Lord Drogheda, 330. Strafford in the Tower,
331. Lord Chancellor Bolton and others impeached, 331. Proclamation-
Catholic Lords offended— Proclamation amended, 331. Death of Lord Loftus,
332. Sir Christopher Wandesford, 332. Ireland under Strafford's Viceroyalty,
333.
CHAPTER XXIV.
LIFE OP SIR RICHARD BOLTON, LORD CHANCELLOR.
Born in Staffordshire, 334. Called to the Bar— Publishes the Irish Statutes, 334.
Reasons for undertaking the work, 335. Obsolete Statutes, 335. Irish no longer
enemies, 335. Use of old Statutes — First Attorney of Court of Wards — Chief
Baron and Privy Councillor, 336. To retain his office in Court of Wards, 336.
Lord Chancellor Loftus, 336. Bolton, Lord Chancellor, 337. Addition of 5001.
a-year, 337. Unpopularity of the Viceroy, 337. Commission of Enquiry into
Defective Titles — and the Gralway Jury, 338. Impeachment of the Lord Chan-
cellor, A.D. 1640, 338. Committee — and Articles, 338. Impeached of High
Treason, 340. Application respecting the Bishop of Derry, 340. Delay in the
Courts, 340. The King's Letter — Impeachment abandoned, 340. Chancellor
and Chief Justice require their Characters to be cleared, 341. Bolton compiles
the ' Justice of the Peace for Ireland,' 341. Rules for a Grand Juror, 341. Coifs
granted to the Judges, 341. Irish Judges' robes, 342. Lord Enniskillen, 343.
Informations, 343. Courts in Christ Church— Trial of Sir P. O'Neill, 344.
Death of Sir Richard Bolton, 344. Decrees in Chancery during the Reign of
Charles I., 344.
CHAPTER XXV.
CUSTODY OP THE GREAT SEAL OF IRELAND DURING THE COMMONWEALTH.
Three Commissioners appointed by Oliver Cromwell, A.D. 1655, 345. Powers
and Duties, 346. Chief Commissioner Pepys, 346. Parentage — his Uncle —
Richard a Law Student — Reader in 1640 — Treasurer — Serjeant— Baron of
Exchequer in England. 346. Chief Justice in Ireland — Chief Commissioner of
the Great Seal, 347. His son, Samuel Pepys, 347. Sir Gerard Lowther, Second
Commissioner, 347. Serjeant — Chief Justice of the Common Pleas — Privy
Councillor, 347. Consulted by Charles I. — Continues Chief Justice under
Cromwell, 347. Impeached with the Chancellor — Acquired Property, 348.
Miles Corbet, Third Commissioner, 348. Admitted to the Bar — In arms
against the King, 348. Favourably noticed by Cromwell — Employed in Ire-
land as Commissioner, 348. Claims to be Chief Baron, 349. Fleetwood's
Project, 349. Corbet Chief Baron, 349. Cloghleagh divided between Fleetwood
and Corbet — Dispute about the Name, 349. Corbet a Prisoner, 349. Sentenced
— the last Interview, 350. William Steele, Lord Chancellor A.D. 1656, 351.
Family of Steele — William called to the Bar, A.D. 1637, 351. Candidate for
Judge of Sheriff's Court— Bradshaw preferred, 351. Steele prosecutes Captain
Bailey, 351. Expects Recordership of London, 352. Attorney-General, 352.
Is absent from the King's Trial, 352. His excuses — Recovers after the King's
CONTENTS OF
Execution, 352. Recorder, 1649 — Privileges, 353. Member of Committee on
Law Eeform — obtains the Coif in 1654, 353. Chief Baron Wilde disliked by
Cromwell, 354. Steele, Chief Baron — and Wilde's complaints, 354. Wilde
wittily rebuked, 354. Lord Chancellor of Ireland, A.D. 1656 — Appointment,
355 — Continued by Richard Cromwell, 355. Henry Cromwell, Deputy of Ire-
land, 356. Death of Oliver Cromwell, A.D. 1 658 — and Restoration of Charles II.,
356. Royalists disappointed, 356. Cromwell's Officials after the Restoration —
Disgraceful behaviour of Steele, 356. Death — his Character, 357. Business of
the Court of Chancery during the Commonwealth, 357.
CHAPTER XXVI.
LIFE OF LORD CHANCELLOR SIR MAURICE EUSTACE.
Previous Lord Chancellor of this Family, 358. Eustace Lord Baltinglas — Engaged at
Glenmalure, 358. Lord Baltinglass attainted, 358. The Family of Harristown,
358. Estates pass to William Eustace, 358. Maurice born about 1590, 359.
Accession of James I., 359. Designed for the Law — Fellow of Trinity College,
Dublin, 1619, 359. A Barrister of Lincoln's Inn — Legal Attainments, 359.
Serjeant — Favourably noticed by Lord Wentworth, 360. Judge of Assize and
Speaker, 1639, 360. His Speech, 360. Master of the Rolls, 365. Speaker's
Cattle taken — Complaint — and Order thereon, 365. Speaker in trouble, 365.
Words after Dinner, 366. Eulogium on the Speaker, 366. State of Ireland,
1655, 367. Charge at Sessions, 367. The Restoration, 369. Cromwellians in
Office, 369. Eustace, Lord Chancellor — New Great Seal, 369. Chichester
House in 1661, 370. Houses of Lords and Commons, 370. Chancellor Lord
Justice — the Primate Speaker, 370. His Address, 370. Act of Settlement —
Three classes to be provided for, 371. Payment of Members, 371. Conflicting
Claims — Letter from Duke of Ormond to Lord Chancellor, 372. Conduct of
Lords Justices, 372. Their Agents — Colonel Richard Talbot, 373. Talbot
committed to the Tower, 373. False report of Rebellion, 373. Conchict of two
Lords Justices, 374. The King's Promise, 374. Ormoud's Letter, 375. Court
of Claims, 375. Puritan Conspiracy — Betrayed — Members expelled, 375. Act
of Explanation, 375. Disappointment of the Irish Catholics, 376. The Chan-
cellor resigns — Lives at his Country Seat, Harristown — Death, 376. His Will,
376. A good Chancellor, 377.
CHAPTER XXVII.
LIFE OF LORD CHANCELLOR BOYLE, ARCHBISHOP OF ARMAGH.
Family of Boyle— Career of Richard, the Great Earl of Cork, 378. Early Life-
Seeks his Fortune in Ireland — What he started with, 378. Complaints against
him, 379. Recommended, to Essex, 379. Complaints renewed — is taken Pri-
soner— Examined before the Queen, 380. First and Second Marriage, 381.
Knighted — Bears Despatches to the Queen, 381. Purchases Estates of Raleigh
— Letter to Raleigh's Son, 382. Youghal College, 383. Bishop Atherton, 384.
Earl of Cork Lord Justice, 385. Wentworth Lord Deputy, 385. Letter to
Lord Treasurer, 385. Dispute about the Cork Monument, 386. Laud's Pro-
posal, 386. The Earl in the Castle Chamber, 386. Heavy- Fine, 387. Laud's
Letter, 387. Strafford in Danger, 388. The King's Promise, 388. Strafford
iii the Tower, 388. Irish Parliament assist in his Prosecution — and Earl of Cork
a Witness, 388. Twenty-eight Articles, 388. Case of Lord Mountiiorris's Court
THE FIRST VOLUME. XXV
Martial, 389. True reason for impeachment of Lord Chancellor Bolton and
others, 390. Stratford's Trial and his Opinion of Counsel opposed to him, 390.
Whitelock's Praise of his Defence, and Lord Chief Justice Whiteside's Eulogy,
391. Earl of Cork's Diary— and Death, 391. Michael's Father, 392. Birth,
A.D. 1609, 392. Takes Degrees — His first Living, 392. Dean of Cloyno and
Chaplain-General, 392. Affairs of Ireland — Negotiates for Doneraile — Important
Events, 393. Bishop of Cork, 1660— Sinecures — Watches the Act of Settlement
— and is Complimented by Irish House of Lords, 394. Archbishop of Dublin,
1663— and receives 1,000^. from the King, 395. Lord Chancellor, 395. Trans-
lated to Armagh, A.D. 1678, 396. Eoyal Hospital, 396. Eeports of Judicial
Decisions in England and Ireland, 397- Accession of James II., 398. Removal
of the old Chancellor, 399. Submits with Cheerfulness, 399. Sir Charles
Porter appointed, 400. Letter from Viceroy, 400. Attends King James II.'s
Irish Parliament, 400. Death — Leaves little in Charity, 401. Last Ecclesi-
astical Chancellor — Buried in St. Patrick's — with Monument in Blessington
Church, 401. Orders in Chancery, 402-404.
CHAPTER XXVIII.
LIFE OF LORD CHANCELLOR PORTER TILL HIS REMOVAL BY
KING JAMES II.
Porter an Englishman, 405. Law Student, 405. Audacious Eobbery, 405.
Question of Eight of House of Lords to hear Appeals from Courts of Equity,
406. Counsel Privileged by Order of the Lords— Summoned to attend the
Commons — their Excuses, 407. Mr. Porter and others in Custody — Indigna-
tion of the Lords, 408. The Usher of the Black Eod, 408. The Serjeant-at-
Arms ordered to arrest Counsel, 409. Mr. Porter arrested, 409. Prisoners
sent to the Tower — Usher of the Black Eod tries to release them — Eefusal, 410.
Parliament Prorogued, 410. Porter Selected as Irish Chancellor, A.D. 1685 —
and Earl of Clarendon Lord Lieutenant, 411. Letters from Ireland, 411.
Acquainted with the Chancellor, 412. Income of Irish Chancellor, A.D. 1686,
412. Arrival, 412. Eeceives the Great Seal, 413. Statement concerning Act
of Settlement, 413. Judicial Changes, 413. Lord Clarendon's Estimate of
Judge Johnson — of Sir Richard Eeynells — of Sir Standish Harstown — and
of Mr. Nugent, 414. Of Mr. Justice Daly, 415. Changes on the Bench—
and Oath of Supremacy dispensed with, 415. How Sir R. Reynells bore
dismissal, 415. Character of Sir Charles Porter — King James Pensions
the Chancellor, 416. Disquiet respecting Act of Settlement, 416. Lord
Clarendon's Advice — and Lord Chancellor agrees with him, 417. Why
Commissioners should have no Salaries, 417. Roman Catholic Privy Coun-
cillors, 418. No Practising Barrister a Privy Councillor, 418. Mr. Nagle, 419.
Roman Catholics eligible for Offices, 419. Remonstrance of Lord Tyrconnel,
419. High Sheriffs — Course taken by the Chancellor, 420. Payment of Roman
Catholic Bishops by the Crown, 420. Proposed Commission — Opinion of Mr.
Nagle, 421. Free Parley with Lord Chancellor, 421. Vindicates his Conduct,
422. General Macarty's Opinion of him, 423. The Charge of Bribery, 423.
Mr. Nagle and Lord Tyrconnel leave for England, 424. Lord Lieutenant's
Letter to the King. 424. Letter to Lord Chancellor respecting his Removal,
425. Character of Porter as Lord Chancellor, 425. Arrival of Lord Tyrconnel
and Sir Alexander Fit-ton, 425. Changes, 426.
XXVI CONTENTS OF
CHAPTER XXIX.
CONCLUSION OF THE LIFE OF LORD CHANCELLOR PORTER, FROM. HIS
APPOINTMENT BY KING WILLIAM III. TILL HIS DEATH.
Sir Charles Porter in the Temple, 427. Again Lord Chancellor of Ireland, 427.
Williamite and Jacobite War, 428. Articles of Limerick — Porter and Coningsby
Lords Justices — Arrival at the Camp, 428. Articles Signed, 428. Articles of
Limerick, 429-431. Clause omitted Confirmed, 432. Military Articles, 432.
Violation of the Treaty, 432. Lord Chancellor and others Lords Justices — and
Distracted State of Ireland, 432. The Kapparees, 433. Lord Chancellors en-
deavours to give Confidence, 433. County Lieutenants and Deputies, 433.
Commissioners Abolished, 434. Lord Sydney calls a Parliament — Catholics
Excluded, 434. Opening the Session, 434. Peers — Lord Lieutenant — The
Commons, 435. Sir Richard Levinge, Speaker, 436. His Speech— and Lord
Chancellor's Reply, 437. Lord Lieutenant's Speech on the Prorogation, A.D.
1692. Complains of the House, and Protests against the Votes, 438. Lord
Chancellor's Address — Parliament Dissolved — Reasons for Viceroy's Anger,
439. Struggle commenced, A.D. 1576. Offer of the Commons — Scoffing Reply
— Lord Lieutenant consults the Judges, 440. Complaint against Lord Lieu-
tenant, and his Offence. 440. Lord Sydney recalled — Lord Chancellor and
Coningsby Impeached, 441. Articles Scouted — Lord Capel, Lord Justice — His
Policy, 442. Chancellor desires to adhere to Articles of Limerick, 443. Ne-
cessity of Sacrificing the Treaty, 443. Letter from two of the Lords Justices
as to whether a Parliament should be called, 443 447. Letter from Lord Capel,
447-451. Division in Irish Government, 451. Viceroy recommends Removal
of Lord Chancellor, 451. Parliament meet — Passive Obedience, 451. Attack
on Lord Chancellor, 452, 453. .Motion, 453. Witnesses — Attendance of Peers
in House of Commons — Peers Refuse, 454. The Commons Persevere, 454.
Chancellor Defends Himself in the Commons — Impeachment abandoned, 455.
Nocturnal Adventure of Lord Chancellor, 455. Unseemly Conduct of Mr.
Speaker, 456. Lord Chancellor complains, 456. Preamble to 9th William III.
c. 2 — Chancellor Powerless to Protect the Catholics, 457. Lord Lieutenant in
Declining Health, 457- Attempt to create Lords Justices — Forcible Possession
of the Signet — Requires the Great Seal, 458. Chancellor refuses without
Authority, 458. Death of the Viceroy, 458. Chancellor Lord Justice, 459.
Chief Justice Hely Speaker of the Lords — Congratulation— Sudden Death —
Regret of William III., 459. Molyneaux Case of Ireland stated, 459.
CHAPTER XXX.
LIFE OF LORD CHANCELLOR FITTON, LORD GAWSWORTH.
Odious Reputation of Sir Alexander Fitton — Party Spirit — Hume, 461. Macaulay
462. Archbishop King, 462. Family of Fitton — Their Connection with Ire-
land, 463. Baronets, 1617, 463. Ancient Seat of Gawsworth and Modern
Hall, 464. Mr. Samuel Johnson's Epitaph, 465. Parents of Alexander Fitton,
465. Death of Sir E. Fitton and Marriage of Alexander Fitton, 466. Saying
of Sir E. Fitton — Litigation — Allegation of Forgery — Issue, 466. Finding
against the Deed, 467. Fitton's Witnesses Prosecuted — and Granger's Decla-
ration, 467. House of Lords Interfere — Alexander Fitton Fined and Impri-
soned—Ormorod's Remarks, 467. Lord Chancellor of Ireland, A.D. 1687 —
THE FIRST VOLUME. XXVli
Baron Gawsworth, 468. No Expression of Dissatisfaction from the Bench or
Bar — A Precedent for this Course, 408. No complaint from the Suitors —
Archbishop King the Sole Complainer, 469. Dr. Stafford, Master in Chancery,
470. Anecdote of Sir Theobald Butler, 471. The Potato Ambassadors, 471.
Irish Chief Justices, 471. Election of Irish Roman Catholics, 472. Promotion
to High Offices, 473. Rumours of Repealing Act of Settlement, 473.
Effect upon the Protestants, 474. Royal Progress of James II., 474.
Arrival in Dublin— and Reception, 475. The King meets with a Startling
Incident, 476. Roman Catholic Primate and Bishops — Te Deum, 476.
Proclamation for a Parliament — Number of Lords and Commons, 476.
King's Speech, 477. Reference to Act of Settlement, 478. Sir Richard Nagle,
Speaker, 478. Account of Sir R. Nagle, 479. Peers in Parliament, 480.
House of Commons, 481. Opinion of Plowden, 481. Catholics desire to
Regain their Homes, 481. Bill to Repeal the Act of Settlement, 481. Com-
pensation— Lord Chancellor to appoint Commissioners — Dismay of the Settlers,
482. Address to the King, 483. The Bishop of Meath — Speech, 483. Bill passed
— Lesley's Statement, 484. Old Proprietors seek to Recover their Estates by a
Speedy Method, 485. Chancellor Refuses Relief in Equity, 485. Abortive
Acts of King James' Parliament, 485. Its Legality Asserted, 486. Arguments
againt it, 486. Convention Parliament of William and Mary, 487. Fate of
Fitton of Gawsworth, 487. Chancery Business of Ireland during the Reign of
James II., 487.
CHAPTER XXXI.
LIFE OF LORD CHANCELLOR METHTJEN.
Mcthuen more known in Diplomacy than in Law, 489. An Englishman prac-
tised at the Bar, 489. Envoy to Portugal, 489. Letter Recommending him to
the Duke of Shrewsbury for Chancellor, 489. No Irish Lawyer likely to be Ap-
pointed, 490. Lord Somers approves — Interview with Lord Somers — Methuen
appointed, 491. Recommends his Son as Envoy to Portugal, 491. Lord
Chancellor sworn into Office, 492. Bishop of Derry's Case, 492. Protest, 492.
Career of Sir Paul Methueu, 492. Appeal heard — Order of Lord Chancellor
Methuen Reversed, 493. Question Referred to the Judges — Their Opinion —
The Bishops Disagree with the Judges, 493. Roman Catholics not to be Soli-
citors, 494. Methucn a Bad Chancellor, 495. Earl of Rochester, Lord Lieute-
nant, 1701-3, 495. Absence of Lord Chancellor, 495. Ambassador at Lisbon
—The Methuen Treaty, 495. How King Pedro treated the Treaty, 496. Ex-
Chancellor's Death, A.D. 1716, 496. Duke of Marlborough's Letters, 496.
CHAPTER XXXII.
LIFE OF LORD CHANCELLOR SIR RICHARD COX, BART.
Family of Sir Richard Cox — Richard Cox — Married to Mrs. Katherine Batten,
497. Bandon-bridge, 498. Richard's Birth, 1660, 498. His Father Assassi-
nated, 499. Misfortunes of Mrs. Cox, 499. Richard at School — Selects the
Legal Profession — Practises as an Attorney — and Aspires to the Bar, 499.
Distinguished student of Gray's Inn — is Called to the Bar, 1673— Marries in
1674 Life at Clonakilty, 500. Recorder of Kinsale — Attacks the Catholics —
is Publicly Thanked — Deplorable State of Feeling in Ireland, 501. Accession
of James II. — Cox flies to Bristol — Practises at the Bristol Bar, 502. Com-
piles ' Hiberuia Auglicaua,' 503. Writes a Pamphlet iu Support of the Prince
xxviii CONTENTS OF
of Orange, 503. Offered Secretaryship to the Duke of Schomberg, but Declines,
503. Becomes Secretary to Sir Eobert Southwell, 504. His Correctness tested,
504. Writes King William's Declaration, 505. Recorder of Waterford and made
Second Justice of the Common Pleas, A.D. 1690 — Commissioner, 505. Thanked by
Lord Sydney — Prevents exchange of Lord Clancarty — Military Governor, 1691,
506. Kind Letter to Sir James Cotter— Reply, 507. Is Knighted — Beads
Paper before the Philosophical Society, and Elected a Fellow, 508. Visits
London, 508. The Secret Proclamation, 509. Bishop of Heath's Sermon —
Bishop Removed from the Privy Council, 509. Chief Justice of the Common
Pleas, 510.
CHAPTER XXXIH.
CONCLUSION' OF THE LIFE OF LORD CHANCELLOR SIR RICHARD COX.
Chief of the Common Pleas and Privy Councillor, 510. His Daughter Married,
510. Advises the Queen, 510. Important Statement of Lord Godolphin, 511.
The Queen Presents him with 500^., 511. Sounded as to his wish to become
Lord Chancellor — Reasons for Declining — Obeys the Queen, 512. A Parlia-
ment, 1703 — Compliment of Archbishop Vesey, 512. Anti-Catholic Legisla-
tion, 513. The Sacramental Test — Ordered that Counsel be heard, 513.
Argument of Sir Theobald Butler, 514. Contends the Act is a Breach of the
Articles of Limerick, 514. Imposes Disabilities on Protestant Dissenters, 517.
Reply, 519. The Chancellor sums up, 520. Duhigg's Character of Sir Richard
Cox— Lord Justice in 1704— -Letter of Thanks to the Chancellor, 521. Pal-
merstown — Created a Baronet, 1706, 522. Statute Regulating Election of
Viceroy, pro tern., 522. Chancellor Consults the Privy Council — Their Advice-
Chancellor Differs from the Council, 523. Precedent in Point — Chancellor
Right, 524. Duke of Ormond Removed — also Lord Chancellor, 524. Chief
Baron Freeman appointed, 1707, 524. Sir Richard Cox attacked in Parliament
— Resolution of the House of Commons, 525. Writes Religious Books, 525.
Chance of again being Chancellor — Lord Chief Justice, 525. On Death of
Queen Anne, Loses his Place, 526. Cases of Grimes — of Haydon — and Erwin — -
of Moore, 526. Motion of the Attorney-General, 527. Practice in England —
Judgment Granting the Motion, 527. Charges in Report of the Commons on
Lord Mayoralty of Dublin, 528. Tribute of the Recorder, 528. Cox Prepares
a Vindication for the King, 529. Dissuaded from Presenting it, 529. His
later days — Personal appearances, 529. A good Equity Judge, 529. Kingsland
v. Barnewall, 530. Domestic and Social Character — Death in 1733, 530.
CHAPTER XXXIV.
LIFE OF LORD CHANCELLOR FREEMAN.
Lives of Mere Lawyers, 531. Birth of Richard Freeman — Called to the Bar —
Law Reports, A.D. 1670, 531. Obtains the Friendship of Lord Somers, 532.
Recommended for Chancellor of Ireland — Mistake as to Date of Appointment,
— Chief Baron of the Exchequer in Ireland, 532. Maladministration of the
King's Inns, 532. Cox Removed from the Chancellorship, 533. Chief Baron
Freeman appointed, 533. Affront to Lord Chancellor as Speaker of the Lords,
533. Culprit Reprimanded and Discharged, 534. Reform in the King's Inns,
Chancellor Deranged, 534. Death in 1710— Great Seal in Commission, 535.
Sir Constantino Phipps Appointed, 535.
THE FIRST VOLUME. xxix
CHAPTER XXXV.
LIFE OF SIR CONSTANTINE PHIPPS, LORD CHANCELLOR.
Father of Sir Constantino Phipps the Inventor of the Diving Bell, 536. Pro-
fitable use of it — His Epitaph, 536. Birth of Constantino Phipps, 537.
His Professional Reputation, 537. Lord Chancellor of Ireland, 537. Earl
of Wharton Lord Lieutenant — His Character, 538. Removes the Solicitor-
General, 538. Privy Council of Ireland, 538. Unworthy Associate of tho
Viceroy, 539. Salary of Lord Justice, 539. Wharton Succeeded by the
Duke of Ormond, 539. Chancellor tries to Abolish Party Processions,
540. How the Anniversary of William III.'s Landing was kept, 540.
Chancellor as Lord Justice Refuses to March, 541. High Sheriff Takes the
lead, 541. Indignities to the Statue — Resolution of the Lords, 541. Culprits
Expelled from Trinity College, 541. Intimacy of Lord Chancellor Phipps with
Literary Men — Letter to Dean Swift, 542. Resolutions of Irish House of Com-
mons against the Lord Chancellor, 543. Address to the Queen to Remove
him, 544. Cause of Hostility to the Chancellor, 544. He is Supported by the
Lords, 544. Slanderous Words against Lord Chancellor, and Attorney-Gene-
ral Directed to Prosecute, 544. Lords Address the Queen on behalf of the
Chancellor, 545. Case of E. Lloyd, 545. Recommendation of Law Officers,
546. The Viceroy Directs Lords Justices to Stay Proceedings, 546. Lord
Chancellor's Speech to the Lord Mayor, 546. Controversy about the Lord
Chancellor, 54". Letter to Archbishop King from Dr. Swift, 547. From the
Earl of Anglesey, 548. Address of Grand Jury, County Cork, 548. 'Parlia-
ment Prorogued, 549. Death of the Queen — Chancellor, Lord Justice, 549.
Effects of Importing Chancellors, 550. Phipps Removed, 1714— Broclrick
appointed, 550. Ex-Chancellor Returns to the English Bar, 550. Swift's
Proposal for the Use of Irish Manufactures, 551. Rage of the Government,
— A Proclamation, 552. Arbitrary Conduct of Chief Justice, 552. Jury find
a Special Verdict, 552. The Judge Censured, and Swift Desires a Writ of
Error, 552. Letter from Ex-Chancellor Phipps to Dean Swift, 552. No Writ
of Error in Criminal Cases without Direction, 552. His Opinion of the Chief
Justice, 553. Death of Sir Constantiue Phipps, A.D. 1723 — His Descendants,
553. Swift's Posthumous Opinion of Lord Chancellor Phipps, 553.
LIVES
OF THE
LOBD CHMCELLOBS OF IRELAND.
INTRODUCTION.
OF THE LEGAL TRIBUNALS OF THE IEISH, PREVIOUS TO THE INTRO-
DUCTION OF ENGLISH LAWS, WITH THE APPOINTMENT AND DUTIES
OF LORD CHANCELLOR IN THAT COUNTRY.
BEFOKE we proceed to narrate the Lives of the Lord Legal
Chancellors and Keepers of the Great Seal of Ireland, it 0" J™'1 '
may be instructive and entertaining to glance briefly at ancient
the legal tribunals and customs of the ancient Irish,
previous to the arrival of the English.
Cormac MacArt, monarch of Ireland, A.D. 227, was Cormac
distinguished for his devotion to literature and his success A.D. 227.
in the government of his kingdom. He is said to have
regained his ancestral throne by his intellectual powers.
A usurper, named MacCon, having defeated King Art, Defeat of
father of Cormac, in the battle of Magh Mucruimhe, near Kin- Artt
Atlienry, seized the crown of the Ard-JRigh, ' and became MacCon
chief monarch of Ireland. For some time after the death S('^''8 tlie
crown.
of his father, the young prince, like Alfred of England,
had to remain in concealment among his friends in the
province of Connaught, while the grievous taxes and
oppressive rule of the usurper were daily making the
people anxious for his fall. Cormac's friends pressed his u*"1'}"
rights to the throne, and, when matters were sufficiently
Chief king.
VOL. I. B
LORD CHANCELLORS OF IRELAND.
Prince
Cormac at
Tara.
Case of
trespass,
quare
clausum
frcyit.
The deci-
sion of the
King pro-
nounced
unjust by
Cormac.
Cormac's
sentence
approved
of.
The King
orders his
arrest.
The
•usurper
dethroned.
Cormac
called to
the throne,
A.D. 227.
Collects
the
Code.
Eardic
description
matured, the young Prince repaired to Tara, where the
King held his Court. Cormac found the Ard-Bigh sitting
in the Judgment-seat, with the chiefs and rulers of the
nation gathered around, listening to the decrees of their
sovereign Judge. The case then at hearing was deemed
of much importance ; in fact, a kind of State trial. Some
sheep, the property of a poor widow, whose whole wealth
they constituted, had strayed from a field at Tara, and,
yearning for better browsing, trespassed on the Queen's
lawn, and eat of the grass thereof. Being captured in the
very act, they were impounded, and the Queen demanded
justice for the injury she sustained by this trespass, quare
clausum fregit. The King declared that * the beasts were
forfeited ; ' but young Cormac came forward, and boldly
declared the judgment unjust ; ' for, as the sheep had only
eaten the fleece of the land, it was only their own fleece
that should be forfeited.'1
This decision struck the assemblage as most just ; and
even MacCon proclaimed, ' This is the judgment of a
King.' At this moment he recognised the features of the
Prince, and commanded his arrest. The people formed a
living rampart round their rightful Sovereign, the guards
of the palace declared for Cormac, and the power of the
Usurper was at an end. He was banished, and Cormac
ascended the throne of Tara, A.D. 227.
When firmly established on the throne, he felt the
necessity of governing the Kingdom by just and well-
considered laws. He collected and arranged that code
which was administered by the Brelions or Judges, until
the English introduced their laws, and which obtained for
centuries after the arrival of the English, among the Irish
who dwelt outside the pale. King MacArt's appearance
and dress, as described by the bards, were splendid, though
considerable allowance must be made for poetical license
and courtly flattery.
' His hair was slightly curled, and of golden colour ; a
scarlet shield with engraved devices, and golden hooks,
1 This equitable decision was worthy of the Woolsack.
INTRODUCTION. 3
and clasps of silver ; a white folding purple cloak on him, of Kin-
with a gem-set gold brooch over his breast ; a gold torque '
around his neck ; a white collared shirt, embroidered with
gold, upon him ; a girdle with golden buckles, studded
with precious stones, around him; two golden net-work
sandals, with golden buckles upon him ; two spears with
golden sockets, and many red bronze rivets, in his hand ;
while he stood in the full glow of beauty, without defect
or blemish. You would think it was a shower of pearls
that were set in his mouth ; his lips were rubies ; his
symmetrical body was as white as snow ; his cheek was
like the mountain ash-berry ; his eyes were like the sloe ;
his brows and eye-lashes were like the sheen of a blue-
black lance.' '
Corinac also collected the chronicles of Ireland into
one book, called the ' Saltair of Tara.' This contained Saltair of
the tribute the Kings of Ireland were entitled to receive Tara>
from the Provincial Kings; and the rents and dues
payable to the Provincial Kings from their subjects, like-
wise to the nobles from their vassals. In it were accu-
rately described the boundaries of Ireland from shore to
shore, from the provinces to the cantred, from the cantred
to the townland, from the townland to the traighedh of
land.2
It is most probable the ancient Brehon code underwent
revision when Christianity introduced new modes of pro-
cedure and a kindlier feeling amongst the Irish. Indeed
the -'Annals of the Four Masters ' record this fact, and the
Seanchus Mor was sometimes called Cain Phadraig — Patrick
Law or Tribute. We must not dwell too long upon these
Ancient Laws, now in the course of translation and pub-
lication. The most noticeable feature was the compen- compen-
sation for murder and other offences by the Eric, which s;lt.io11 by
is forbidden in Holy Writ — ' You shall not take money
of him that is guilty of blood, but he shall die forth-
1 O'Curry's Lectures, p. 45. This translation is from the Book of Bally-
mote, quoting the UacJiongbhail .
- Four Masters, p. 117. These are denominations of land in Ireland.
B 2
LORD CHANCELLORS OF IKELAND.
Gavel-
kind.
Tribe land
held in
common.
with.1 This law of Eric kept its place in the Brehon code
long after Ireland was rescued from Paganism.
Tanaistry. By the law of Tanaistry the eldest son succeeded to the
Chieftainship on the death of his father, unless labouring
under some bodily or mental infirmity, or crime. The
eldest son being thus presumptive heir, was called tanaiste,
or second in rank, and had a separate establishment as
such.2
Landed property was equally divided amongst the males
by the ancient Celtic Law, called y avail Jcinne, gavelkind.
If there was no male issue, females were allowed an estate
for life. The tanaist always obtained the mansion-house
with his portion, having to sustain the dignity of the
family.
The state of society being patriarchal and pastoral, the
land belonging to each sept was held in common, every
member having a right of pasturage and his share of the
tillage-land commensurate with the number of his cattle.
The tribe being, so to speak, one family, the claims of
each individual was subordinate to the general interest
of the tribe. Thus the demesne lands were assigned to
o
the Chief, next to the Tanist or Chief elect, the Brehons
or Judges, the bards or doctors. Although tributes or
rents were payable, and metals — gold and silver — existed
from an early period, cattle was the usual equivalent,
instead of coin in Ireland, as in other nations of anti-
quity. Cattle constituted the medium of exchange and
barter in England as late as the eleventh century. Seldeii
mentions that * pounds and shillings were not abundant in
England in 1004, but paid in truck and cattle.'
Fosterage. A peculiar custom among the ancient Irish was foster-
age.3 Every member of the nobility was bound by law to
send his sous to foster — brought up with one of the family
of his tribe. There was a regular fosterage fee, payable
while the child was with his foster-parents. There was a
1 Numbers xxxv. 31.
2 This is still retained in the Scottish title of blaster, given to the eldest
son of a peer.
3 Vide Seunchus Mor, vol. ii.
Cattle
chiefly the
mode of
payment.
INTRODUCTION.
doctor's fee, proportionate to the rank of the patient and Doctors'
nature of the malady. No fees were payable unless a p^wj^e
cure were effected. The dress of the ladies was regulated unless a
by their rank, and its value was described by that of so effected,
many cows.
The ancient laws of Ireland are now preparing- for pub-
lication, under the direction of a commission, authorised
by Parliament for that purpose. This Commission has Commis-
commenced its labours very properly with the Seanchus
Mor, as the oldest and most important work relating to Mor.
the ancient laws of Ireland. The Seanchus Mor was so
much reverenced in olden time, that the Brehoiis, or
Judges, were not allowed to abrogate any portion of it.
The preface to ' The Law of Distress 51 gives an interest-
ing account of this digest of the Brehon laws, the time
when composed, the occasion on which it was compiled,
and names of its authors. The progress of colonization Decline of
throughout Ireland, the establishment of circuits, and the j^g
extension of English language and laws, caused the Brehon
code to fall into disuse about the year 1600. The ancient Trials by
Irish employed many modes of determining guilt or inno- ordeal-
ceiice by ordeal, Judicium Dei. Many of these very
singular customs deserve a brief notice. That which is
best known was called Morarts Collar, of which there are Moran's
some strange traditions related. If a guilty person put collar-
this collar round his neck, it compressed until he was
choked. On the contrary, if innocent, the collar fell to
the wearer's waist. Another was called Ted Moctha. Tal Moc-
This was the bronze axe of Moctha, a carpenter. tha>
The mode of trial was by heating the metal portion
in a fire made of blackthorn, then the tongue of
the accused was to be rubbed to the hot weapon. It
burned the guilty, and the innocent remained unhurt.
The Crannclmr, or casting of lots, was used in various Crann-
forms. In one, the bard or poet recited a poetical in can- ur'
tation over the one lot for the King, and one for the
accused. Then the lots were drawn, when, if the accused
1 Seanchus Mor, vol. i.
G
LORD CHANCELLORS OF IRELAND.
The
branch of
Sen
MacAige.
Ordeal by
water.
Trelia
Mothair.
Ordeal by
battle not
used by
the Irish.
was guilty, tlie lot adhered to his hand ; if innocent, he
drew it forth without any lot sticking to his fingers. The
Charmed Branch of Sen MacAige was used in deciding guilt
or innocence. This consisted of three portions, or lots,
put into water. The mode of ordeal here mentioned agrees
with that practised by the Jews and other Eastern nations,
as is recorded in the 2nd book of Kings (vi. 5). The ordeal
by water was used by the Irish thus : Three lots were put
in the water. The Prince's lot, the Ollamh's lot, and the
lot of the litigant. If the litigant was guilty, his lot
went to the bottom; but if he was innocent, it floated on
the top. This mode of ordeal by water is contrary to the
commonly received application of this custom in Germany,
France, and England. In these countries the ordeal was
employed upon persons suspected in propria persona. With
a rope fastened round the body, he or she (for, alas ! the
gentler sex were often the victims of popular suspicion)
was cast into a running stream, and if the body sank it
was deemed a proof of innocence, and the accused was
sometimes taken out alive ; while, on the contrary, if it
floated, it was proof of guilt, as though the holy element —
the pure stream. — was supposed to reject the criminal.
Another ordeal by lot was called Trelia Mothair (Three
Stones of Blackness) ; a pan was filled with dubh-rota
(black-rye), coal, or other black stuff, and three stones
imbedded — one white, one black, and one speckled. The
accused then thrust his hand into the pan, and drew forth
a stone. The black was indicative of guilt, the white of
innocence, the piebald somewhat like the Scotch verdict
of ' Not proven ' — left the case doubtful, and neither
acquitted or condemned. It appears somewhat strange
that among so warlike a nation as the Irish, the ordeal by
battle does not appear to have been used. In the valuable
paper on the forms of ordeal anciently practised in Ireland,
read before the Royal Irish Academy by the learned Celtic
scholar, William M. Hennessy, and published in the ' Pro-
ceedings of the Academy,'1 no mention is made of this
1 Proceedings of the Royal Irish Academy, vol. x. p. 34.
INTRODUCTION. 7
ordeal, which was common among- other European nations.
We shall find, however, that it was introduced by the
Anglo-Normans, and, unhappily, survives to this day in
the sanguinary duel, though the practice is daily becoming
obsolete.
Although the English settlement in Ireland may be English
y f f 1
considered to date from A.D. 1172, it was long before inent in
English legal institutions embraced the entire king- Ireland.
dom. In that year Henry II. landed at Waterford, Progress
proceeded thence to Lismore, whereof the Bishop, Chris- jj
tian O'Conarchy, was Papal Legate for Ireland. Henry
ordered a castle to be erected at Lismore,1 and marched
through Leinster to Dublin, where he arrived on Novem-
ber 11. A spacious hall of woodwork was prepared for The King
his reception on the ground on which the south side of Christmas
Dame Street now stands, and here he kept in great state in l^klin.
the Christmas of that year. By his policy and repre-
sentations, Henry induced the Irish Bishops and Clergy
to convene a synod at Cashel, in which several of the Synod of
f^ .I 1
Anglo-Normans, Lay and Churchmen, took part, and letters
were procured from the Irish Bishops declaring Henry ,
0 J Bishops
their sovereign lord. Before returning to England Henry acknow-
plamied his mode of governing Ireland by the Anglo- -^enr ' II
Norman rule. Then probably was prepared the ordinance their sove-
known as the Statute of Henry Fitz-Empress, which pro- ^
vided l that in the event of any Viceroy or Chief Governor Henry
for Ireland vacating office by death or otherwise, the 1<ltz>Em"
J press.
principal nobles and officials of the Anglo-Norman colony
there should be empowered to elect a successor, to exercise
full Viceregal power and authority, until the King's in-
struction had been received.' In the list of the first state offi-
Ano-lo-Norman officials of Ireland, we find no mention of eials-
t? 7
a Chancellor. The high officers there named are : Lord
Marshal, Lord Constable, Seneschal, Chief Butler, and
Royal Standard Bearer. The first title of legal import
was that of Capitalis Justiciarius, Chief Justiciary, a title Capitalis
used both in England and Normandy, and conferred on ri
1 Now the picturesque seat of the Duke of Devonshire.
8
LORD CHANCELLORS OF IRELAND.
Hostages.
English
Law con-
fined to
certain
families.
Accession
of Henry
III. A.D.
1216.
General
amnesty.
Magna
Charta
extended
to Ireland.
Chancel-
lor ap-
pointed.
the highest official who, in the King's absence, was in-
trusted with the whole civil and military administration.
The Justiciary, or Viceroy, of Ireland was required to
give hostages for his fidelity, and was directed to take the
advice of the Lords of the colony, as Privy Councillors.
The colonists and such of the Irish as dwelt within the
pale and acknowledged the English authority, were re-
garded as subjects entitled to the protection of English
law, but all the Irish who dwelt outside the pale, not being
recognised as subjects, were styled ' Irish enemies.' In-
stances occur in which certain septs of the Irish were, by
special grants, enfranchised and entitled to the benefit of
the English laws. On the Plea Eoll of the 3rd of Ed-
ward II. all the septs or bloods ' qui gaudeant lege An-
glicana quoad brevia portanda,' are named — viz., O'Neil
de Ultonia, O'Molaghliii cle Midia, O'Connogher de Coii-
nacia, O'Brien de Thotuiouia, et MacMurrogh de La-
genia.1
On the death of King John, A.D. 1216, he was succeeded
on the throne by his eldest son, Henry III. The first
correspondence of the new sovereign with Ireland was of
a conciliatory nature. A general amnesty was granted,
and a royal letter to Hugh de Lasci prayed him to forget
and forgive any oppressions he had suffered from the
Government of England, and to return to his allegiance.
The provisions of Magna Charta, that charter of freedom,
won by the mailed barons and mitred prelates of England,
was extended to Ireland, and we find the office of Chan-
cellor established henceforth.
In the reign of King Henry III., John's son and suc-
1 On Plea Roll of Edward III. we find — Simon Neal brought trespass
against William Newlagh. Defendant pleaded that Plaintiff ' est Hibernians
et non de quinque sauguinibus, de les O'Neeles de Ulton.' Plaintiff replied,
' quod ipse est de quinque sanguinibus, viz. de les O'Neles de Ulton, qui per
concessionem progenitomm Domini Regis, libertatibus Anglicis gaudere debent
et utuntur, et pro liberis hominibus reputantur.' The defendant traversed
this, and, on issue joined, the finding was for the plaintiff, who had judgment
and damages. Several cases to the same purport are met with in the Plea
Rolls. Vide Morrin's Calendar, Pateutj and Close Rolls, Chancery Ir. vol. ii.
preface xxxix.
INTRODUCTION. 9
cessor, we find the office of Chancellor of Ireland men-
tioned for the first time in Mr. Smyth's ' Chronicle of the
Law Officers of Ireland.'1 John de Worchley is named
as Chancellor, with the date of his appointment, 1219, 3rd First
Henry III. Lord Campbell, in his ' Lives of the Lord lo£in
Chancellors of England,' declines engaging in the contro- A-D- 12i9-
versy attending the definitions of the word Chancellor. Definition
Some deriving the word Cancellarins, from cancelling ceuori
the King's letter patent when contrary to law ; others
because he sat behind a lattice, called in Latin canceling, to
avoid the pressure of the suitors. In the earliest times
the Chancellor was required by his office to hear and
determine petitions addressed to the King ; and, in pro-
gress of time, these petitions, instead of being addressed
to the King, were addressed to the Chancellor. He is the Custody of
highest legal functionary in the realm, per traditionem ge®j !
magiii sigilli per dominam regem, and by taking the
oaths. The Lord Chancellor of Ireland ranks in the roll Chancel-
of precedence in Ireland next after the Archbishop of j^J^'
Armagh, if a Peer ; if not, the Archbishop of Dublin has
precedence, but he ranks before the other great Officers of
State, Judges and Peers.
In Ireland, the office of Chancellor was, and indeed still Political
is, an office of great political importance. He was always "" office"0
the chief civil officer employed by the Sovereign to draw
up his commands in a formal manner, and authenticate
them with the Great Seal, placed in his custody. As the
laws introduced into Ireland by the early English colo-
nists were those of England, the practice of the two coun-
tries was similar. By the writ of 6th John it was the English
manifest intention of that monarch that the benefit of all LaTs inT
troduced
the laws of England should be extended to the Irish gene- by King
rally, as well as the English, though abundant proofs '
exist that such wise intentions were frustrated by the
Viceroy and nobles, who, for their own purposes, preferred
to keep the natives beyond the benefits of English laws.
The early Chancellors, Judges, and Lawyers were English
1 Smyth's Law Officers, 1.
10 LORD CHANCELLORS OF IRELAND.
Chaneel- by birth and professional training. Learned men were
Judges, those Chancellors, for the most part Prelates of highly
.and Law- cultivated minds, attached to the land of their birth,
Kish, and while exercising important sway over the destinies of Tre-
Eecleeias- j^^ ^he influence of the Clergy in these days over tem-
poral as well as spiritual affairs, was naturally great.
Possessed of all the learning of these times, they were the
chief counsellors of the Sovereign, as well as the advisers
of the subjects. By right of office the Chancellors were
Speakers of the House of Peers, paramount in the Council
Chamber. They were called on to frame laws for the
legislature, and decide the rights of the subject from the
bench. Through their acquaintance with Civil Law, no
small share of Roman jurisprudence mingled with laws of
England, and helped to mould the equitable jurisdiction of
the High Court of Chancery.
The Courts The Courts of Law were originally held in Dublin
Dublin Castle. Here was combined every adjunct suited for the
Castle. protection and convenience of its inmates. It was at once
Account of a palace, a fortress, a court of justice, and a prison. The
palace of the Viceroy, with fortifications for his defence,
Courts of Justice as well for the adjudication of civil
rights, for the trial of offenders, and a prison for evil
doers. There was also a chapel under the patronage of
St. Thomas of Canterbury, and two chaplains assigned ;
each received an annual salary of fifty shillings, with two
shillings for wax.1 There was also a mill, called the King
o f ^j
Mill. Around the Castle, for the most part, was a moat,
called the Castlegripe, while on the massive walls were
bastions, and gate towers, the narrow entrances being
defended by portcullises, and iron-barred doors ; a draw-
bridge on the southern side of Castle-street admitted
communication with the city.
The hostages or pledges, which the Viceroys in early days
obtained from the Anglo-Norman Lords, and chiefs of native
clans, as securities for their due observance of the compacts
entered into, as also for their allegiance to the English
1 Probably for altar-lights.
INTRODUCTION, 11
Government, were usually lodged in the Castle of Dublin.
Here also, at first, were held the Courts of Justice, wherein
the Chancellor, and other Judges sent from England, ad-
ministered the English laws to the Anglo-Normans set-
tled in Ireland, as also to such of the natives as were
entitled to the protection of English law.
The Exchequer, for some time the Court most fre- The Ex-
critiG u PI*
quented, was established early. This Court received and
disbursed the Crown revenues which accrued from the
royal estates, rents of towns, fines, customs, treasure-
trove, and other casual profits. The simple method of
computation then in use was by counters placed in rows
upon the squares of the chequered cloth covering the
table; and squared rods notched at the corners, styled
tallies, were employed as vouchers.1 In the manuscript This Court
Red Book of the Exchequer is a picture of that court in Century.
Dublin in the 14th Century. It represents six persons,
probably official, at the top, to the right three suitors, op-
posite them three Judges, beneath the Sheriff. A crier to
the right is adjourning the Court by the label, ' A de-
maine.' The official to the left, supposed to be Second
Remembrancer, holds a parchment inscribed, ' Precepturn
fuit Vice-comiti, per breve hujus Scaccarii.' The Chief
Remembrancer, pen in hand, holds an Exchequer roll,
commencing, ' Memorandum quod x° die Maij,' &c. ; while
the Clerk of the Pipe prepares a writ, placed on his left
knee. To the extreme left the Marshal of the Exchequer
appears with a document, on which is written, ' Exiit
breve Yice-comiti.' One of the Judges is represented as
saying, ' Soient forfez.' Another, ' Voyr dire.' On the
cheque-covered table we see the Red Book, a bag with rolls
and counters. The suitors are also addressing the court.
One with outstretched arm says, ' Oy de brie ; ' another,
' Chalange ; ' while the third, girt with a sword and laced
boots, utters the words, ' Soit oughte.'
The salary of Lord Chancellor was anciently 401. a year, Salary of
exclusive of fees and perquisites. He had to maintain a
loi*
1 Gilbert's Viceroys, p. 118.
12
LOKD CHANCELLORS OF IRELAND.
Gradual
increase of
salary.
special body-guard of six men-at-arms and six archers,
fully equipped, for the protection of the Great Seal in-
trusted to his custody. The salary afterwards was in-
creased. Roger Utlagh, in 1335, had 160 marks a year;
Laurence Merbury, in 1407, had 6s. 8d, a day; Archbishop
Cranley, in 1415, 10s. a day ; Sir Richard Read, in 1546,
300 marks ; these sums were besides fees. The value of such
payments may be estimated from the prices of cattle, &c.,
in the Anglo-Norman colony in Ireland: — Cows from 5s.
to 13s. 4d. each ; heifers, 3s. 4d. to 5s. ; sheep, 8d. to Is. ;
horses, 13s. 4d. to 40s. ; pigs, Is. 6d. to 2s. ; salmon, Gd.
each. From the year 1598 the salary attached to this high
office has largely and progressively augmented, thus : ' —
Chancery
the officina
justices.
Royal
grants.
Keeper of
the Great
Seal, and
the King's
Consci-
ence.
In 1598
,, 1629
„ 1666
„ 1709
, 1727
£ s. d.
415 6 8
415 17 8
1,000 0 0
2,000 0 0
2,500 0 0
£ s. d.
In 1802, pension 4,000 0 0
Present salary . 8,000 0 0 -
With retiring
pension . 4,000 0 0s
The office of Chancellor, as we have seen, was instituted
in Ireland as early as the reign of Henry III. The Chan-
cery was the officina jiistitice whence writs, or letters,
issued in the King's name on a statement of facts by the
aggrieved party. Remedial writs were directed to the
Judges.
Royal grants of dignities, offices, and lands passed
through the Chancery, and were framed and authenticated
by the Chancellor. The art of writing being little known
in early times, when it was almost wholly confined to the
Churchmen, seals were much used, and the King's writs
and grants were sealed by the Chancellor, to whom, as the
responsible officer, the King intrusted the custody of his
seal, called the Great Seal. He was almost always a
Clergyman in those times, generally a dignitary, and called
the ' Keeper of the King's Conscience,' which I have 110
doubt was often a sinecure office. As time rolled on, and
1 Vide Ware's work, vol. ii. p. 99. • 2 & 3 Wm. IV. c. 116.
3 40 Geo. III. c. 69.
INTRODUCTION. 13
the jurisdiction of the Courts were better defined, the
Court of King's Bench was considered the proper tribunal
to take cognizance of all matters of criminal law ; the
Common Pleas, the court for civil suits. The Exchequer
entertained the cases of the King's revenue. The Chan- nanaper
eery was divided into the Hanaper, or Hamper, in which |111^ ^etty
writs were kept, and the Petty-bag side, where the records
peculiar to the Court of Chancery were stored. There was
also a Law Court where the validity of Royal Grants and
other matters were tried by scire facias. But the peculiar ,<?r/rc
jurisdiction of the Court of Chancery is its equitable juris- Jacias-
diction, established most fully by the ingrafting of uses and Equitable
trusts of real property. It has likewise important juris- Junstllc-
diction in cases of bankruptcy, lunacy, and custody of
infants, and we can well suppose the Chancellor must have
possessed a very general store of professional knowledge in
former times to have administered the law in the Court of
Chancery with credit.1
The Chancellor has sole jurisdiction to issue writs of Writ of
?i6 exeat regno under the Great Seal, which, as it affects
personal liberty, is always issued with great care and
caution. The duties and elections of Coroners are under Control of
the control of the Lord Chancellor, and on a proper case Coroilers-
being shown he may remove the Coroner from his office.
The appellate jurisdiction of the Chancery is very great. Appellate
jurisdic-
tion.
1 I have examined the Calendars of Proceedings in Chancery in the reigns
of Henry VIII. and Elizabeth, published from the originals in the Tower, in
order to see the nature of the suits instituted about this time, and the follow-
ing are, among the pleadings printed : —
' For an injunction to stay proceedings at law.'
' To compel the defendant as feoffee in trust to make an estate to the plaintiff
and his heirs in certain lands and tenements.'
'To be relieved from an unjust demand made by the defendant, who is the
keeper of a tavern to which plaintiff had visited ; and praying a writ of
ccrtiorari.'
Tor discovery of deeds alleged to be in the defendant's possession.'
' To set aside a deed obtained by fraud, and an injunction to stay pro-
ceedings.'
These, and similar records, show suits and pleadings have since Varied but
little.
14
LORD CHANCELLORS OF IRELAND.
Custody
andluna-
tics.
Speaker of
House of
Lords.
Appoints
mOTeiT
gistrates
The Lord Chancellor and Lord Justice of Appeal review
the decisions of the Vice-Chaiicellor, the Master of the
Rolls, the Judges of the Landed Estates Court, and the
Court of Bankruptcy and Insolvency.
By statute 17 Edw. II. c. 9 the rents and profits of
i^i°^s an(l lunatics are given to the Crown, which has
caused the Lord Chancellor to be invested with jurisdic-
tion in all lunacy matters.1
When the Irish Parliament existed, the Chancellor was
ex °ffic^° Speaker of the House of Lords, and not necessarily
raised to the Peerage ; but, if a commoner, he could not
vote or act as a Member of the House. On the trial of
Peers for treason or felony in the House of Lords his
functions of Speaker were placed in abeyance, and a High
Steward (usually the Lord Chancellor when a peer and a
layman) was specially appointed by the Crown. As the
early Chancellors were usually Bishops or other eccle-
siastics, and therefore could not meddle in matters of
blood, this appointment was necessary.2 Yet we constantly
find them holding Commissions of Assize, which must
have required them to pass sentence of death. The High
Steward is styled ' Your Grace,' and the formalities of a
trial in the House of Lords are very solemn, as we shall
see in the course of our Memoirs.3
The very responsible duty, and in Ireland one of the
mos^ important connected with the office of Lord Chan-
cellor, is the appointment and removal of Justices of the
Peace throughout the kingdom. This is usually on the
recommendation of the Lords Lieutenant of each county,
but may be at the discretion of the Lord Chancellor.
There is considerable patronage attached to the office,
1 Vide form of warrant to Lord Chancellor of Ireland under the sign manual,
giving jurisdiction in cases of idiots and lunatics, Lord Campbell's Lives of
the Chancellors of England, vol. i. p. 14.
2 Lord Campbell's Chancellors of England, vol. i. p. 17.
3 The last trial by the Peers of Ireland was that of Robert, 2nd Earl of
Kingston, for shooting Colonel Fitzgerald. This was in 1799, and the case,
v/hich I give very fully, is one of the most romantic ever disclosed to the
world.
INTRODUCTION. 15
and at one period some Church patronage existed which it
was thought might prove embarrassing in the event,
which now exists, of the Lord Chancellor of Ireland being a
Koman Catholic, but this patronage was found to have ceased.
The Lord Chancellor of Ireland is also ex officio member
of various boards, and from his high station is regarded
as a person of the highest consequence in the kingdom.
The dress of the Lord Chancellor of Ireland has iinder- Dress.
gone considerable alteration in the progress of time. The
dress of a certain age, it has been shrewdly observed, has
features of its own no less distinct than its laws, manners,
and customs, and, as the character is affected by outward
circumstance as much as the physical type is affected by
climate, no one can question its importance. There is
no doubt that the eyes of the multitude always are the
readiest avenues for informing their minds, and impres-
sions received through the visual organs exercise no small
influence upon mankind. The ancient dress of a Chan-
cellor, as related by Matthew Paris, was ' Tunica viridi
fcemina indutus, capam habens ejusdem coloris peplum
in capite muliebre portans.' That is, ' a green tunic of a
woman, with a cape of the same colour, and a woman's
hood for his head.' This was by no means so striking
as the Lord Chancellor's splendid State robes at present.
The title is Lord High Chancellor of Ireland. There is Title.
C
a wider distinction between the Chancellor, and Keeper of ^G
the Great Seal, of Ireland than in England. In this Seal.
country we have patents of the two offices granted to the
same person by express words — Lord Keeper first and
then as Chancellor. The Lord Keeper has no power of
hearing causes unless specifically conferred. Thus, in.
1385, Thomas de Everdon was nominated Keeper of the
Seals, in the absence of the Chancellor, with power to
hear causes ; and, in 1558, Hugh Curwiii was constituted
Lord Keeper when another patent gave him authority to
hear and determine pleas proper to the Court. The office
has frequently been executed by a deputy or Vice-Chan-
cellor, but this power of delegation was either contained
16
LORD CHANCELLORS OF IRELAND.
In the
Chancel-
lor's
absence
Commis-
sioners
appointed.
Descrip-
tion of the
present
Great Seal.
in the patent or authorised by special Act of Parliament as
in Act 25th Henry VII. (144C), when Sir John Talbot was
authorised to constitute a deputy with power to do all
things belonging to the said office, which was not to
expire by the presence of the Chancellor.
When the exigencies of State or private business calls
the Lord Chancellor out of Ireland the practice is to
appoint Lords Commissioners of the Great Seal, who act
in his absence. Sometimes the Commission enables
them to keep the Seal, while others are appointed Com-
missioners for hearing and determining causes in Chancery,
and they have full power to act as Lord Chancellor.
The Great Seal has on the obverse the Queen seated
upon the throne crowned, bearing the ball and sceptre,
with Justice on one side and Eeligion on the other. On
the lower portion are the royal arms; a rich border sur-
rounds the seal. On the reverse is the Queen on horse-
back, the horse fully caparisoned, with a plume of ostrich
feathers floating from the headstall, led by a page bare-
headed. On the rest for the equestrian figure is a harp
surrounded by shamrocks, and around the margin of the
seal are the words, each divided from the other by a rose
and rose leaves,
VICT01UA DEI GRATIA BRITANNIAKUM
REGINA FIDEI DEFENSOR.
Tenure of
office.
The tenure is during pleasure, and determined by de-
livery of the Great Seal when the Chancellor or Lord
Keeper takes his oath of office. We shall find in the
progress of our work grants of the office to individuals for
life and sometimes during good behaviour. At present the
functions of the Chancellor partake so much of a political
character that his office determines with the administra-
tion of which he is a member. It is also determined by
the death of the Sovereign.
Its? of the This Seal being the dams regni emblem of regal au-
GreatSeal, thority is only used for special purposes, and entitles
documents sealed therewith to be regarded as of authority
INTRODUCTION. 17
in the highest degree. By statute,1 to counterfeit the
Great Seal is treason; and when Chancellor De Balscot
used the Great Seal of De Vere, Duke of Ireland, the
favourite of Eichard II., after his removal from office,
he received (A.D. 1388) a smart reprimand from the King,
who ordered the said Seal to be broken in the presence of
the Council, and its fragments weighed and delivered into
the Treasury.2
I now proceed to relate the * Lives of the Chancellors of
Ireland ' as fully as my researches enable me to do.
1 2o Edw. III.
'•' Vide post, Life of Alexander de Balscot, Chancellor.
VOL. I,
18 CHANCELLORS FROM THE REIGN OF
CHAPTER I.
OF THE LORD CHANCELLORS OF IRELAND FROM THE REIGN OF
HENRY III. TO THE REIGN OF EDWARD II.
CHAP. THE early Irish Records are very defective. Many -were
- burned in the Castle of Trim and in St. Mary's Abbey ;
Early Irish others were carried out of the country, and are met with
T? -1
in the State Paper Office, the Rolls' Chapel, Record Office,
and British Museum, in London ; others are at Oxford.
Several cities on the Continent possess valuable Irish
documents, while many are stored in private houses, which
Difficulty the recent Commission will no doubt render available. We
must not, therefore, feel surprise at the difficulty I have
Chancel- na(i to encounter in tracing the first Chancellors. Future
land. biographers will not be in my destitute position. The
admirably arranged Public Record Office of Ireland, at the
Four Courts, Dublin, with its courteous and highly effi-
cient staff, affords ready access to all searchers for anti-
quarian, legal, and historic lore. I could only discover the
Stephen name STEPHEN RIDELL, Chancellor in 1186, and the date of
A.r>. use. the patent appointing JOHN DE WORCHLEY, Chancellor of
John de Ireland.1 Lord Campbell, in his ' Lives of the Lord Chan-
\\ orcnlpv
Chancellor, cellors of England,' mentions that a pluralist dignitary of
Ralph de the Church, RALPH DE NEVILLE, Chancellor of England
"vr * 1 1
Chancellor an(l Bishop of Chichester, in the time of Henry III., was
of Ireland. go "bent on engrossing the highest civil and ecclesiastical
dignities, that he obtained from the King a grant of the
Chancellorship of Ireland, to hold during the life of the
Chancellor, with all the appurtenances, liberties, and free
customs to the said Chancellorship of Ireland belonging.2
1 A.D. 1219, Pat. 3 Hen. III.
2 Lord Campbell's Lives of the Lord Chancellors of England, vol. i. p. 129.
His Lordship adds : ' I believe this is the only instance of the office of Chan-
cellor of England and Chancellor of Ireland being held by the same individual.'
A D
HENRY III. TO EDWARD II. 19
It does not appear that Chancellor De Neville ever set CHAP.
foot in Ireland, for he discharged his functions by deputy. - - ; — .
The Kino- sent a Writ- patent, dated at Gloucester, May 21, Henry IIL
. . . . appoints a
in the eighteenth year of his reign, to Maurice Fitzgerald, Deputy
his Justiciary of Ireland, reciting the said grant of the
Chancellorship, and ordering that Geoffrey de Turville, Geoffrey de
Archdeacon of Dublin, be admitted Vice-Chancellor, the Turyille-
Chancellor having deputed him thereto. If the deputy
discharged his duties in Ireland as well as the principal
in England, the suitors had no reason to complain.
Matthew Paris speaks of him as one who long irreproach-
ably discharged his official functions, who was speedy and
impartial in administering justice to all, especially to the
poor.1
When DE NEVILLE ceased to hold the seal of Ireland, Names of
GEOFFREY DE TURVILLE was appointed Chancellor ; and ^QT^n
several other names appear upon the list in Mr. Smyth's
work : ALAN DE SANCTAFIDE,S EGBERT LuTTREL,3 then
GEOFFREY DE TuRViLLE,4 RALPH, Bishop of NORWICH,5
WILLIAM WELWOOD,6 and FROMOND LE BRUN,? who was Fromond
Pope's Chaplain, and an official of considerable influence e
during these unsettled days in Ireland.
While matters stood thus in Ireland the power and Dignity of
authority of the Chancellor rose high in England. Toward celST"
the close of the reign of King Henry III. the office of England.
Chief Justiciary fell into disuse. The Aida R&gia was
divided into the Courts of King's Bench, Common Pleas,
and Exchequer. The Chancellor, as first magistrate under
the Crown, became head of the law.
On the death of the Archbishop of Dublin, Fulk de Contested
Saundford, May 6, 1271, King Henry IIL granted a ^liT
license for the election of his successor, whereon the Archdea-
Prior and Convent of the Holy Trinity elected William de i)ubTm.
1 Mat. Par. p. 312. 2 Pat. 1235, 19 Hen. III.
3 Pat. 1238, 21 Hen. III. 4 1237, 22 Hen. III.
" 1237. 6 November 4, 1245, 36 Henry IIL
7 1259. 49 Hen. III. The ancient family of Browne of Moyne is said to
have descended from a common ancestry with the Chancellor.
c '->
20
CHANCELLORS FROM THE REIGN OF
CHAP.
I.
Thomas
Cantoek,
Chancel-
lor,
A.D. 1292.
Bishop of
Emly,
A.D. 1306.
Great feast
given by a
Chancel-
lor.
Records
burnt in
St. Mary's
Abbey.
Edward I.
the Eng-
lish Justi-
nian.
la Corner, Pope's Chaplain, and King's Counsellor, while,
on the same day, July 29, 1271, the Dean and Chapter of
St. Patrick's, made choice of FROMOND LE BRUN ; also
Pope's Chaplain, and then Lord Chancellor of Ireland.
This caused a tedious controversy between the respective
electors, which lasted until 1279, when the Pope annulled
both appointments.1 FROMOND LE BRUN held the office
of Chancellor of Ireland until his death in 1283, when the
Great Seal was intrusted to WALTER DE FuLBURN,2 who
retained it for five years. After him it went to WILLIAM
LE BUERLACO.3
The next Chancellor was THOMAS CANTOCK, Bishop
of Enily, appointed Lord Chancellor of Ireland in 1292.
The name of this prelate occurs in our list of Chancellors,
but scant materials can be traced for a memoir of his life.
Sir James Ware mentions him among the Bishops of
Emly,4 and states he was a native of England. Having
been ordained, he obtained preferment in the Archdiocese
of Cashel, as Canon of Emly, and Prebendary of Molla-
gymon, and, in consequence of his learning in the laws,
he was appointed Chancellor of the Diocese. Being
elected to the See of Emly, he obtained the Royal Assent,
on September 4, 1306, and the Chancellorship of Ireland.
He must have been popular, for we have it recorded, that,
on his consecration in that year, in Christ Church, Dublin,
great numbers of the Nobility, Clergy, and others attended.
He showed a due sense of the compliment by feasting
them with a magnificence unheard of in those times.
While the Bishop of Emly was Chancellor, a circum-
stance took place which showed the records were not then
as carefully preserved as they are in our time ; a fire
broke out in St. Mary's Abbey, which consumed a number.
The throne of England was now occupied by King
Edward I. who, from the attention paid to the law in his
time, has been called the English Justinian. In 1275 was
passed the Statute of Westminster the First, in fifty-one
1 D' Alton's Archbishops of Dublin, p. 103. 2 1283, 2 Edw. I.
3 1288, 16 Edw. I. 4 Ware's Bishops, p. 496.
HENRY III. TO EDWARD II. 21
chapters, which Avas more a CODE then an Act of Par- CHAP.
liameiit.1 Then, in succession, came the Statute of Glou- ^_ . T' _^
cester, the Statute of Mortmain, that of Westminster the Excellent
Second, that of Winchester, that of Circumspecte agatis, passed.
of Quo Warranto, and Quia Erruptores. Nor Avas Ireland
omitted in these laAv reforms. The English Chancellor,
Burnel, caused the Statute Ordinatio pro Statu Hibernice 2 Ordinatio
to be passed, introducing English laws into Ireland, for J5° sta*u
the protection of the natives from the rapacity of English
officials, the spirit of Avhich Avas speedily forgotten and
the principle long denied to the Irish nation.
In the time of Lord Chancellor CANTOCK we find the Attempt
first attempt to introduce the study of English laAv into duce the
Ireland. For this purpose an Irish Inn of Court was ltud?' ?f
English
established called Collet's Inn, outside the Avails of the Law.
City, where Exchequer Street and South Great George Edward I
Street now stand.3 It does not seem to have had any Collett's
success. The narroAv boundary of English rule, hemmed Inn
in by the jurisdiction of the Palatines and of Irish Chiefs,
who owned no allegiance, and submitted to 110 English Irish
f^ 4-
law, made the practice of the King's Bench and Common
Pleas very trifling. The Chancery was merely open for No equi-
official business, and had then no equitable jurisdiction, ({jctje0'n11
while matters of revenue made the Exchequer a Court of Chancery.
great importance, and kept the Barons in full work. Exchequer
kept busy.
The Chancellor died on February 3, 1308. The Great Death of
Seal was then in custody of Master John Caiitock, at
J Chancellor
Dublin, and of Master Henry de Euggeley, and remained in 1308.
so until the Saturday next after the Feast of the Purifica- ^e G«at
tion of the Blessed Virgin. On this day the Custodees
delivered the Seal to the Treasurer and Barons of the
Exchequer, Dublin, by precept from the Treasurer and Great Seal
Privy Council. The Seal was then deposited in the Trea- fne^seited
sury, under the seals of the said Henry de Euggeley, Treasury.
1 Lord Campbell's Lives of the Chancellors of England, vol. i. p. 104.
2 17 Ed w. I. This statute contains eight chapters. This very important
statute shows the Irish Court of Chancery was then established.
' Duhigg's History of the King's Inn, p. 28.
22
CHANCELLORS FROM THE EEIGN OF
CHAP.
I.
Walter de
Thorn-
bury,
Chancel-
lor.
The Chan-'
cellor
elected
Arch-
bishop of
Dublin,
1313.
The
Chancellor
drowned.
William
Fitz-Johu,
Chancel-
lor.
Bishop of
Ossory.
Contest for
the Arch-
bishoprick
of Cashel.
Three
rivals in
the field.
Master Walter de Islep, and Hugh Canon, to be kept
there until the arrival of Piers Gavestoii, Earl of Corn-
wall, Viceroy of Ireland. On his arrival he delivered the
Seal to WALTEE DE THOENBUEY, who continued Chancellor
but a short time, and was Succeeded by ADAM DE WODING-
TON, Chancellor in 12.94, and RICHAEJ^JPE BEEESFOED,
Chancellor in 1807. On the death of Dr. Lech, Arch-
bishop~of Dubli'rij'oii August 10, 1313, ALEXANDER DE
BICKNOE, Prebendary of Maynooth, was proposed as his
successor, in opposition to WALTEE DE THOENBUEY, Chanter
of St. Patrick's, and Chancellor of Ireland. The Chan-
cellor seems to have had most votes, but, on his voyage to
France, where the Pope then held his Court, he was over-
taken by a furious tempest, and sad to relate, the vessel
in which he took passage was wrecked, and he, with one
hundred and thirty-six fellow- creatures perished ; whereon,
adds the historian, ' as if heaven had promulgated its judg-
ment, De Bicknor's election was no longer opposed.' l
WILLIAM FITZ- JOHN, formerly a Canon of the Cathedral
of Kilkenny, was the next Chancellor. He was held in
such esteem by his fellow Canons that, on the death of
Michael of Exeter, Bishop of Ossory in 1302, they elected
him as his successor, and he was consecrated, with the
consent of King Edward II. Ware says, by some mis-
chance, he missed seizin of the temporalities of his See,
and was forced to another writ, dated May 9, 1303, He
administered the affairs of this diocese for about thirteen
years, when a contest arose respecting the Archbishoprick
of Cashel, which, I regret to find, was by no means an
unusual circumstance in those times. The Dean and
majority of the Canons assembled at Kilinallock elected
John MacCorwell, Bishop of Cork, to the Archdiocese,
others of the Canons collected in the Cathedral at Cashel
and voted for Thomas, Archdeacon of that See. When the
King was informed of this conflict, he thought to provide
for a nominee of his own, a Franciscan friar named Geoffry
de Ailham, but the Pope resolved to have nothing to say
1 D' Alton's Archbishops of Dublin, p. 123.
HENRY III. TO EDWARD II. 23
to any of these ecclesiastics, and appointed William CHAP.
Bishop of Ossory. The King could not, and did not hesi- ^_J _ .
tate to confirm this selection, for this prelate was well The Pope
known to his majesty for a great number of good qualities, the
His appointment to the Archdiocese of Cashel was con-
firmed April 1, 1317.
He took his share in the Government "of Ireland ; having Chancellor
been nominated deputy to the Viceroy Koger Mortimer,
Earl of March, in 1318, and Lord Chancellor in that year.1
The state of society, the tone and temper of the gover- Conduct to
nors and the governed, when one claimed every species
of arbitrary pOAver over the other, arising from assumed
superiority of race and the might of conquest, may be
gleaned from occasional reference to Acts of the Irish
Parliaments. Thus we find, that, in the reign of Edward
II., it was the custom of men of might, the haughty
nobles of the Pale, to sally forth from their well-defended
castles, and with hawk and hound, and guard of soldiers,
proceed in any direction their sport led. They speedily
took possession of any farmer's house that promised good
cheer, and made it their own for as long a period as they
liked to stay. We may be sure the soldiers imitated the
conduct of the knights and nobles. Soon empty hen-
coops, bare haggards, and often ruined hearths, bore sad
evidence of these predatory visitations. At length the
Leo-islature was induced to interfere, and an Act of the 3rd "le"fc ln~
terieres.
Edward II. recites, ' That inasmuch as merchants and the
common people of this laud are much impoverished and
oppressed by the prizes 2 of great lords of this land, which
take what they will throughout the country without pay-
ing anything, or agreeing with the owners for the same.
And forasmuch as they will also sojourn and lodge at their
pleasure with the good people of the country against
their wills, to destroy and impoverish them, it is agreed
and assented that no such prizes be henceforth made
without ready payment and agreement, and that none
shall harbour and sojourn at the house of any other by
1 1318, 12 Etlw. II. '-' From^A//(/jr, to take,
24
CHANCELLORS FROM THE REIGN OF
CHAP.
I.
Reputa-
tion of
Chancel-
lor.
such malice. And if any shall do the same, such prizes
and such destructions shall be held for open robbery, and
the King shall have the suit thereof, if others dare not
His
poverty.
Gustos of
Ireland.
His death.
Roger
Utlagh
Lord
Chancel-
lor,
1321.
Viceroy in
1327. '
' l
sue.
Chancellor FITZ-JOHN was reputed powerful, wealthy
and venerable, both among the people and clergy, but his
wealth seems apocryphal, for about six years before his
death King Edward II. recommended him. to the Pope as
an object of compassion, and on January 20, 1320, wrote to
his holiness very movingly in his behalf to procure release
from instalments for the payment of some debts, due by
his See to the Court of Rome. The letter stated as the
cause of the Archbishop's poverty the serious devastations
committed on him by Edward Bruce and the Scots who
invaded Ireland, which were so great that ' from the time of
his restitution of the temporalities until the date of the
epistle he had not received the least profits out of his See,
but was obliged to run in debt with his neighbours and
friends even for necessaries, and to live only in hopes of a
more plentiful income.' He was appointed Gustos for
Ireland, and allotted as his fee at the rate of 500Z. per
annum, but this gleam of prosperity was transient, for he
only held office some months. He died in 1326.
ROGEK UTLAGH, Prior of Kihnainharn, a man of great
learning and ability, was appointed Lord Chancellor of
Ireland in 1321. As the Priors of Kilmainham sat as
Barons in the Colonial Parliament, Utlagh quickly dis-
played his talents for statesmanship, and was rewarded
with the custody of the Great Seal. He did not foresee
the trials he would have to undergo as the penalty for
his greatness. He combined the high offices of Lord
Chancellor and Prior, and discharged the duties for
several years. In 1327 he was elected Lord Deputy of
1 The words I have put in italics show how dangerous it was to bring
forward a legal claim against the men in power. Probably any hint to shorten
a visit of this kind would elicit the same indignant reply, related of an Irish
soldier, who, when billeted in a house situated in a proclaimed district, being
expostulated with for the havoc he committed in the larder, made a bitter
response, 'You mean scoundrel, am I not here/ar your protection ?'
HENRY III. TO EDWARD II. 25
Ireland, and sworn into office on April 6. While holding CHAP.
this high place the case of Dame Alice Kyteler threw the < 'r — .-
country into commotion.
This remarkable case demands notice. Dame Alice Case of
Kyteler had been four times married to men of wealth.
Her first husband was named Utlagh, and she bore him a
son, William Utlagh, who followed the employment of a
merchant, and had money dealings with several of the
chief nobles of the colony. The Sheriff of Kilkenny, by
direction of the Seneschal of that liberty, Fulke de la
Freegne, broke into Utlagh's house at night with an armed
force, dug up and carried off with other moneys the sum of
three thousand pounds, which was privately concealed by
Utlagh and held in trust for his relative Adam le Blund,
of Callan. Alice, his mother, appears to have been in
partnership with her son, and not over nice in her modes
of accumulating wealth. She is reported to have sought
to increase her store by the refuse and sweeping of the
* Fair Citie on the Nore ' where there is
Air without fog,
Fire without smoke,
Water without mud,
And the streets paved with marble.
She also reaped a harvest by dealing in witchcraft, for the Alice dealt
in witi
craft.
crop of credulity was then very prevalent in all countries. ]
She told fortunes, compounded charms, and love potions.
Sorcery was always denounced in strong terms by the
Catholic Church, and in the Decretals of Pope John XXII.
declared heresy, in the punishment of which the secular Heresy.
courts were enjoined to assist the ecclesiastical.
Unfortunately for Dame Alice, she did not cause her Charges of
spells to bring happiness to her domestic hearth. She Wltchcraft-
was accused by her own children and cited before the
Bishop of Ossory, Dr. De Ledrede, on most revolting
charges — to wit, that she caused the death of former
husbands, having bewitched them to bequeath all their
property to her favourite son William, leaving the rest of
26 CHANCELLOES FROM THE REIGN OF
CHAP, the family in poverty. Even the husband then living
v_ 'r . joined in the iiiformatioii, and stated ' that she had by
her spells reduced him to an attenuated condition, and
caused his hair and nails to drop off' ; that having snatched
from her the key of a chest, he found therein a bag full of
necromantic compounds, which he transmitted to the
The find- Bishop.' A solemn inquisition was held before the Bishop
and others °n these charges, and the decision was ' that there existed
necroman- jn Kilkenny several heretical necromancers, including
cers. . J
Dame Alice and six of her companions, who produced love,
hatred, pain, disease, and death, by powders and charms ;
that, a,t evening prayer time between complin and curfew,
Dame Alice swept the streets to the residence of her son,
saying with conjurations, " May all the luck of Kilkenny
come to this house," and finally, that she committed the
care of all her treasure to her familiar demon, Fitz-Art,
who assumed at will the form of a cat, or of a large black
hairy dog, appearing at other times as a triple negro, with
two ferocious black companions, larger and taller than
himself, each nourishing an iron rod.'
DameAlice Dame Alice compounded for the offence imputed to her
by paying a considerable sum of money, and pledged
herself to renounce all sorcery and witchcraft. She wras
TheBishop not long free from trouble. Again accused, Bishop
Ledrede sought the aid of the secular power and applied
cellor to to the Lord Chancellor, who, at the time was Roger
Utlagh, Prior of the Hospitallers at Kilmainhain. He
required the Chancellor to arrest and imprison this Kil-
kenny sorceress and her accomplices, including her son
William Utlagh, who it is stated was cousin to the
Chancellor Chancellor.1 The Chancellor, not so credulous as others,
or willing to befriend his relations, sought to dissuade the
Bishop from this fresh prosecution, and was seconded by
Arnold le Poer, Seneschal of Carlow and Kilkenny, and
She is chief Judge of the district. The Bishop then cited her to
bythe appear before his Court, when she failed to appear, but,
Bishop. we are informed, was defended by counsel sent by the
1 Gilbert's Viceroys of Ireland, p. 156.
HENRY III. TO EDWARD II. 27
Chancellor. Being found guilty, sentence of excomniu- CHAP.
nication was pronounced against her, and a summons
then issued requiring her son, William Utlagh, to attend
SOIlL'1*
before the Bishop. Before the day fixed for the trial, the ThcBish
Bishop was himself arrested by Arnold Le Poer, who dis- taken Pri-
'*
patched a sergeant and armed troop to capture him. The
place and time of his capture showed utter disregard for
religion in the person of the Bishop, for he was taken into
custody at the door of the Church of Kells, when on a
Lenten visitation to his clergy. By this act Le Poer in- The
curred excommunication, and the outraged Prelate placed
the diocese of Ossory under an interdict, closing the Interdict.
churches, and refusing the rites of the church, except in
cases of urgent necessity. At the expiration of eighteen
days' imprisonment the Bishop was liberated ; he then
caused notices to be posted on all public places within his
diocese, summoning Dame Alice and her son again to
his Court. In the meantime two writs of summons were TheBishop
served on the Bishop, one from the Court of Chancery, re- i,efore the
quiring1 him under a penalty of a thousand pounds to Viceroy
. , . ,, and Arch-
appear in person before the viceroy, who was 110 other i,ishop of
than Utlagh the Lord Chancellor, for having laid an in- ;Dubll°-
terdict upon the diocese of Ossory. The other from the
Metropolitan Court of the Archdiocese of Dublin, to
attend before Archbishop De Bicknor, and answer the
complaint of Arnold Le Poer. The Bishop sought to
excuse himself from obeying these writs, on the ground
' he could not make the journey to Dublin without passing
through the district of which Le Poer was Seneschal, and
he feared to go thither,' but this was not deemed sufficient
excuse, so the Archbishop annulled his interdict. After proceed-
Easter in 1324, the Bishop applied for liberty to address ™8* of the
the assemblage in the public Court House of Kilkenny,
when the Seneschal sat as Judge, and the nobles, knights
and burgesses were present. The application, as might
have been expected, was peremptorily refused, notwith-
standing which, the Bishop iii his robes, attended by the
chief ecclesiastical personage of his diocese, entered the
28 CHANCELLORS FROM THE REIGN OF
CHAP, court. Aii attempt was made to bar their progress, but
. 'r — - they proceeded, and the Bishop, in a voice of authority,
called on the Seneschal and the officials to attend to a
matter concerning their faith. The Seneschal ordered
him to leave the Court, and using strong language re-
plied to the Bishop's request to put the law in force
against heretics — ' Seek your remedy in the King's Court,
for our Court shall in no way support your jurisdiction in
this matter.'
DameAlice Dame Alice, meantime, appealed to the Archbishop of
n?onedSU Dublin, but does not appear to have succeeded in establish-
ing her innocence, for a writ issued, commanding her to
appear, on a given day, at Kilkenny to answer for her
Escapes. relapse into heresy. Before Ledrede could cause her
arrest, she prudently effected her escape into England,
and never again returned to Ireland. A public bonfire
was made in the ' faire citie ' of the powders, ointments,
philtres, and necromantic articles found in Dame Alice's
Her son house. William Utlagh, her son, was imprisoned in
ed. Kilkenny Castle for two months, and one wretched woman,
Anaccom- \yho confessed herself a necromancer, and to have dealt
burnt. with demons, was consigned to the flames at Kilkenny in
the presence of a great concourse of people.1
The Chan- Bishop Ledrede wished to turn the tables upon the
threaten- Chancellor whom he, Ledrede, accused for the part he had
ed- taken in these proceedings and favouring heresies, stated
he would denounce them to the Pope, who he declared would
bring down the Keys of St. Peter upon his head, with such
effect, ( that the noise should be heard, not only through-
out England and Ireland, but resound from the Irish
chancellor shore to the Grecian Sea.' Utlagh, being not only Lord
6 Chancellor but Viceroy, and Prior of Kilmainham, in-
sisted on the fullest investigation into the part he took in
1 The belief in witchcraft crops up through the legal annals of England.
In the reign of Queen Anne, when the literary productions of Dryden and
Pope, Addison and Steele, Swift and Arbuthnot were enlightening the intellect
of their contemporaries, a wealthy farmer, named Hicks, accused his wife and
daughter, nine years old, of bewitching him. They were tried in July, 1716,
found guilty, and executed.
HENRY III. TO EDWARD II. 29
the matter, and obtained leave from the Council to clear CHAP.
l
himself from the imputations of the Bishop of Ossory. . ; — -
Proclamations were made for three days, inviting any who
had charges to prefer against the Viceroy to attend.
Commissioners were appointed to examine the witnesses ; Commis-
these were William Rodyard, Dean of St. Patrick's, Dublin,
the Abbots of St. Thomas and St. Mary, the Prior of
Christ Church, Mr. Elias Lawless, and Mr. Peter Mil-
leby.1
During the investigation the witnesses were examined Chancellor
separately, and it does not appear any proof was given in
support of the charge against the Chancellor, each wit-
ness made oath * he was orthodox, a zealous champion
of the faith, and ready to defend it with his life.' On the
Eeport of the Commission, Utlagh was solemnly ac-
quitted, and, as was usual on such occasions, he enter-
tained the public at a sumptuous banquet.
This malicious attempt to blast the Chancellor's repu-
tation as a judge and ecclesiastic, so signally failed, that
it increased his reputation. It was, perhaps, a wholesome
lesson to show, that those who stand high, have many
blasts to shake them, and it is always well to have a clear
conscience in the hour of trial.2
Having ceased to hold the Great Seal, Utlagh con- Utlagh
tiiiued to fulfil his duties as Prior, and improved the
revenues of the Priory by his prudence and courage.
Though the lands of the Priory were encompassed by the
Irish tribes, the Knights Hospitallers, being men-at-
arms, valiantly defended them. Headed by the sturdy
1 History of the Royal Hospital, by Rev. N. Burton, p. 87.
1 Utlagh's liberality to Walter de Islep shows the method of living of the
Chancellor while Prior of Kilmainham. This Walter was Lord Treasurer of
Ireland, and was granted by the Chancellor entertainment for himself, two
armigers, or upper servants, a chamberlain, and another servant, five boys and
five horses. The said Walter to sit at the right hand of the Prior, at his own
table, thereby to be more commodiously served, as well in eating as drinking.
That he should eat as often as he pleased, together with his chaplain, esquires,
arid two other servants ; have white loaves and the best ale, and beef, mutton,
and pork, raw or drest at his option, with roast meat, and soup. — Archdall's
Mon. Hib. p. 233.
30
REIGN OF EDWARD II.
-CHAP.
I.
Death of
Ex-Chan-
cellor.
Ancient
Statutes.
Prior, the brethren defeated many incursions of O'Byrnes
and O'Tooles froni the Wicklow glens. Yet it was not
always possible to protect the Marches of the Pale from
these marauding bands. The O'Tooles made a raid upon
the summer palace of the Archbishop of Dublin, at
Tallaght, carried off 300 sheep, and slaughtered the Arch-
bishop's servants. At length Utlagh yielded to the in-
evitable destroyer, and, full of years and honours, died
A.D. 1340.1
At the first Parliament held in Ireland, 9th Edward
II., five Acts of Parliament show the fruits of the labours
of the Colonial Legislators. The people were then much
harassed by exactions, and three of the Acts relate to
relieving them from oppression. Two to providing proper
remedies in the King's Courts of law, which then began
to assume judicial functions.
1 Burtons's Royal Hospital, p. 89.
ALEXANDER DE BICKNOR. 3t
CHAPTER II.
LIFE OF LORD CHANCELLOR DE BICKNOR.
THERE appears some uncertainty as to the time the Great CHAP.
Seal of Ireland was intrusted to Alexander De Bicknor. - ^ — -
In Sir James Ware's Synoptical Table of Lord Chan- Uncer-
cellors of Ireland, I find he is named Lord Chancellor in whenDe
1325, l and in Mr. Gilbert's work on the Viceroys, he Bicknor
appears also as of the time of Edward II.2 I, therefore, Chancel-
include them among the Lord Chancellors of this reign.
De Bicknor was descended from an English family His
who reached distinction in the reign of King Edward L,
and he was a great favourite with King Edward II.
In January 1314, on the melancholy death of Chan-
cellor Thornbury, he set sail for Lyons. He was recom-
mended by the King to Pope John XXI. as a man of His good
profound judgment, high morality, deep learning, strict ciuallties-
integrity, and the greatest circumspection in spiritual and
temporal affairs. These special recommendations would
have secured the Pope's confirmation of his election to the
See of Dublin ; but the King changed his mind about the
appointment, and gave sufficient reason for delaying it,
that the Pope yielded, and De Bicknor remained to advise
and assist the King in State affairs. On May 27, 1314, Emplnypd
Edward II. named him in a commission with Ravmond teEn,gT,
J Edward II
Subirani, and Andrew Sapiti, to negotiate certain matters
relating to his foreign dominions with the Cardinals then
attending the Pope at Avignon. When the business was
concluded (and we may judge its intricacy by De Bick- spends
nor's having to correspond with no fewer than twenty-four four Car-
dinals.
1 Antiquities of Ireland, by Sir J. Ware. vol. i.
2 Gilbert's Viceroys of Ireland, p. 120.
32 REIGN OF EDWARD II.
CHAP. Cardinals), he was confirmed in his appointment to the
> ^ — - See of Dublin by Pope John XXL, and complimented on
Appoint- fog < gTeat learning and conspicuous birth.' He was con-
Arch- secrated at Avignon on July 22, 1317.
Dubl'm^ Archbishop De Bicknor did not reach Ireland until
confirmed. Oct. 9, 1318, when he was sworn in Lord Justice and
Arrival m received by the clergy and laity with great warmth. On
D B- , the 18th of November following he was summoned with
nor sum- the prelates and nobles to attend a Parliament at Lincoln,
Pa"lia- ° ' but,' says the Lords' Committee on the Peerage, ' on
ment at what ground the writ to the Archbishop of Dublin was
issued the Committee have not discovered.' It might
possibly have been in right of the manor of Penkeriz in
England, conferred upon De Loundres and his successors.1
In Lord Coke's chapter on Ireland2 he states : ' Sometimes
the King of England called his nobles of Ireland to come
to his Parliament of England, and by special words the
Parliament of England may bind the subjects of Ireland.
He gives an entry on the Parliament Roll reciting the
form of writ by which the Irish Peers were summoned to
Westminster.'3
The King In the first year of his appointment King Edward II.,
applies for wjlo was engaged in the war against Bruce and the Scots,
aid against .
the Scots, applied for help, and, in order to enable the Archbishop to
assist him, granted to his Grace the liberty of acquiring
lands, tenements, and advowsons in Ireland to the value
of 200?. yearly,, exempting such as were held in fee of the
Crown, to hold to him and his successors for ever. Applica-
tion was made to him by Pope John XXII. to pronounce
sentence of excommunication against the Bruces — Robert,
King of Scotland, and his brother Edward — if they did not
make satisfaction and restitution for the ravages, murders,
robberies, and burning of churches committed throughout
the kingdom of Ireland by their adherents.4 The invasion
of Ireland by Edward Bruce, brother of Robert King of
Scotland, forms a curious episode of Irish history of which
' D' Alton's Archbishops of Dublin, p. 125. : Fourth Institutes, p. 350.
3 Coke's Institutes. * Rjmer's Foedera.
ALEXANDER DE BICKNOR. 3 3
I have written a full account, but it is foreign to my CHAP,
present work.1
There were very loose notions of practice in the law Tho state
Courts of the colony for many years. This is hardly a
matter for much surprise. In tempore Edward II., 1320, Bench.
the inhabitants of the pale petitioned ' That inasmuch as
the law is badly kept, for want of wise Justices, the King
do order that in his Common Bench there be men knowing
the law.'2 And it was by no means unusual to avoid
giving a decision until time was given to ascertain what
the law was upon the point in England. At this period
the Judges held their offices at the pleasure of the Crown,
and were nominees of the nobles who had influence — they
were partisans, corrupt, ignorant, solicitous only to please
their patrons and enrich themselves.
The habit of peculation crept early into use among
the officials in Ireland. This was perhaps owing to the
very inadequate stipends allowed to officers requiring
much larger sums for their support. In the time of
Edward I. the Chancellor, Chief Justice of the King's
Bench, and Treasurer, received only 40Z. a year with fees
and perquisites. In this reign Nicholas Le Clerc, Treasurer
for the King in Ireland, was charged by the clergy of
Tuain with appropriating a quantity of Church property,
including rich silk vestments, a Bible, missal, and a silver
gilt bowl. This was a heinous charge against an eccle-
siastic. He was found guilty, imprisoned for defalcation
in his public accounts, and his effects lay and clerical
seized by the royal bailiffs.
But this is not the worst. The Chancellor- Archbishop
of Dublin, Alexander de Bicknor, was obliged to throw
himself on the clemency of Edward II., and to acknow-
ledge that he had falsified his accounts by the introduction
of counterfeited writs and acquittances.3
Anxious that the natives of Dublin should be brought
1 Vide Chapter VI., History of Dundalk, by D' Alton and O'Flanagan, p. 46.
2 Eot. Parl. vol. i. p. 386.
3 Gilbert's Viceroys of Ireland, p. 120.
VOL. I. D
34
REIGN OF EDWARD II.
CHAP.
II.
Founder of
the First
University
in Dublin.
The
ancient
Irish
famed for
their
schools.
Difficulties
of the un-
dertaking.
under the civilising influence of University education,
Archbishop de Bicknor laboured to effect this object in
A.D. 1320. He was aware of the great schools of Ireland
in days long past — of the saints and sages who sprang
from those schools. He was as an ecclesiastic familiar
with the writings and teachings of Aidan, and Gallus,
Adamnan, and Coluniba, Johaiinis Scotus Erigena, and
others famed for their knowledge. ' That so early as the
eighth century,' says Mosheim, ' the Hibernians were
lovers of learning, and distinguished themselves in those
times of ignorance by the culture of the sciences beyond
all other European nations, travelling through the most
distant lands to improve and communicate their know-
ledge, is a fact with which I have been long acquainted ;
but that these Hibernians were the first teachers of the
scholastic theology in Europe, and so early as the eighth
century illustrated the doctrines of religion by the prin-
ciples of philosophy I learned but lately from the testimony
of Benedict Abbot of Armaine.' ! He felt something ought
to be done to revive the past glories of Irish literature,
and sought to make the portion of the country occupied
by the English the site of a University. It was a bold
proposal undoubtedly, only to be accomplished with great
difficulty, and it required no small courage to attempt
such a work at that period. A University usually is pro-
vided by schools or educational establishments, to which
it seems as a natural result or completion ; but these do
not seem to have had existence in the colony, and the
learning then existing was chiefly supplied by Oxford.
And as De Bicknor thought of Oxford he felt with a late
gifted author 2 that even side by side with eternal Eome
the Alma Mater of Oxford may be fitly named for pro-
ducing a deep, a lasting, and peculiar impression. De
Bicknor wished by the side of the Anna Liffey to raise
aloft the standard of education, such as gained for Ireland
her reputation in the days of old. He looked with the
1 Mosheim, Cent. VIII. Part 2, Chap. III.
2 Hecker.
ALEX ANDES DE BICKNOR. 35
prophetic vision of one in our own day l ' wlio loves this CHAP,
dear country with the devotion of a son, though not native
of our soil, for a more central position than Oxford has — Reasons
for a city less inland than that sanctuary, and a country ing^blin
closer on the highway of the seas. He looked towards a
land both old and young — old in its Christianity, young
in the promise of its future ; a nation which received
grace before the Saxon came to Britain, and which has
never quenched it — a Church which comprehends in its
history the rise and fall of Canterbury and York, which
Augustine and Paiiliiius found. He contemplated a people
which have had a long night and will have an inevitable
day. The capital of that hopeful land, seated in a beautiful
bay and near a romantic region, and remembering what
activity and energy, perseverance and patient toil did for
Athens with its rocky, barren, and sterile soil, its shallow
streams, purposed to combat all difficulties, and saw again
in his hopeful glance a flourishing University ; whither, as
of old, students were flocking from all quarters of the
globe, all speaking one tongue, all owning one faith, all
eager for one large true wisdom ; and thence, when their
stay was over, going back again to carry peace to men of
good will over all the earth.' 2 Having laid the matter The Pope
before Pope John XXII., his Holiness approved of the aPPr°ves.
undertaking, and the rules for the University were as
follows : 3 —
' In the name of God. Amen. We, Alexander de Bick- Rules for
nor, by the Divine permission Archbishop of Dublin, do
will, grant, and ordain, with the consent of our Chapter of
the Blessed Trinity, and St. Patrick's in Dublin, to the
Masters and Scholars of the University of Dublin, that the
Masters Regent of the said University may elect a Chan- Election of
cellor, a Doctor of Divinity, or the Canon Law. So that Cliancel-
if in either of our churches of the Blessed Trinity, or St.
Patrick's in the said place, any have obtained that degree
1 John Henry Newman, D.D.
7 The Catholic University Gazette, p. 24. Dublin : 1854.
3 Antiquities of Ireland, by Sir James Ware, p. 37.
D 2
36
EEIGN OF EDWARD II.
CHAP.
II.
His juris-
diction.
Power to
appoint a
deputy.
in either of the said faculties, he shall by the same per-
sons be chosen Chancellor before all others. And if, which
God forbid, any division happen in the election, that then
the election shall be carried by the votes of the major
part. Upon the resignation or decease of the Chancellor
of the said University, another shall be elected within
fifteen days, and shall be presented to us, or our suc-
cessors, or in our absence to our Vicars, and in the vacancy
of the See to the Guardian of the Spirituals, to obtain
confirmation. Moreover, we ordain that the Proctors
actually regent, when there are many regent Masters, be
elected in like manner as aforesaid. And that the said
Proctors, when the University is without a Chancellor,
shall supply his place. And if the election of the Chan-
cellor be not made within fifteen days, that then the juris-
diction shall devolve to the official of the Court of Dublin,
the See being full, or in the vacancy of the See to the
Guardian of the Spirituals, till the Chancellor be elected
and confirmed.
' We grant, likewise, that the Lord Chancellor shall have
spiritual jurisdiction over the Masters and Scholars, where
they are plaintiff and defendant, and over their servants ;
and shall have approbation and reprobation of the Wills
and Testaments of the Masters and Scholars, and their
servants ; and shall have the disposition of their goods if
they die intestate. Yet, so that the fines and mulcts im-
posed for their delinquencies, and the profits arising from
them, or from any other cause, shall be laid up in a chest,
to be converted to the common benefit of the University,
according to the disposition of the Chancellor and Masters ;
and that the Proctor shall have two keys of the chest, and
a third shall be in the keeping of some other whom the
Chancellor shall name ; and the Proctor shall, twice a
year, give an account to the Chancellor and Eegent Mas-
ters or their deputies. And if the said Chancellor shall
think fit to substitute any person or persons in his office,
we by these presents give him power ; and if appeal shall
be made from such his commissioners, it shall be first
ALEXANDER DE BICKNOR. 37
made to the said Chancellor and Regent, who shall by
themselves or others take cognizance of the cause; and if _.
an appeal be made a second time, it shall be to us, or the Appeals.
official of our court. Moreover, Bachelors that are to be
made in whatever faculty shall be presented to the said
Chancellor and Regent Masters, &c.
* Dublin, 10th February, in the year of our Lord 1320.'
With the usual enthusiasm of an earnest man, the The pro-
Archbishop carried his project into some degree of com- jnto'eflfect
pletion. William Rodiant, Dean of St. Patrick's, a doctor
of canon law, was elected first Chancellor, and degrees of
Doctor of Divinity conferred on several clergymen. A
series of lectures in Divinity was instituted, and a fund
for the maintenance of scholars was provided; but these
funds failed, and the constant contention of which, alas,
our domestic annals, offer such abundant proof, prevented
the success of the project, and the University thus founded
dwindled and decayed.
In A.D. 1323, affairs of State called the Archbishop to De Bick-
the councils of his Sovereign. He went as Ambassador to ?or Af1"
bassador.
France, deputed by the Parliament of England, having
for his associate Edmund Earl of Kent, younger brother
of Edward II., but their negotiation proved fruitless. He
was again employed with the Earl of Kent and William
Weston, LL.D., to reform the State and government of
the Duchy of Aquitaine, and also to negotiate the marriage
of the King's eldest son, afterwards King Edward III.,
with the daughter of the King of Arragoii.1
Having been in some measure instrumental in causing Incurs the
the surrender of the town and castle of La Royalle, in ^1Dssdls-
•> pleasure.
Aquitaine, when besieged by the French ; and also charging
the King's Chamberlain, Hugh De Spenser, with treason,
the Archbishop incurred the King's displeasure, and he
determined to have him banished. Not wishing to act Complains
personally against so exalted a dignitary of the Church, p i
King Edward applied to the Pope, and by letter, dated
May 28th, 1325, made a formal complaint to his Holiness
1 Rymer's Fccdera, vol. ii. p. 573
33
REIGN OF EDWARD II.
CHAP.
II.
No notice
taken
of this
complaint.
Prince
Edward
Regent.
Lord
Chancel-
lor.
The King
takes re-
venge.
Prece-
dency.
of the Archbishop's offence. He besought the Pope to
banish this prelate from his kingdom and dominions, and
have another Archbishop appointed in his place. How-
ever, the conduct of the King showed the Archbishop had
reason for his imputation against De Spenser, and no
action was taken upon the King's letter of complaint.
On the contrary, in the following year, 1326, the Arch-
bishop was one of the prelates and barons of England
assembled at Bristol when Prince Edward was constituted
Regent, while the King was absent, in company with
Hugh De Spenser the younger, and other enemies of the
State.1 About this period he was intrusted with the
Great Seal of Ireland. The King was determined to have
some revenge on the Archbishop, so he sequestered the
profits of the Archdiocese of Dublin, and applied the reve-
nues to maintaining troops engaged in the Irish wars.
The pretext was, that the Archbishop had incurred arrears
to the Crown, while acting as treasurer. The Pope
appointed him, in 1330, to collect the Pontifical tax,
instructing him to exempt therefrom all benefices not
exceeding six marks yearly.
When Richard Ledrede, Bishop of Ossory, who took
proceedings against Danie Alice Kyteler, was taken pri-
soner, his assailants took refuge in the Archdiocese of
Dublin, where it is believed they were afforded protection
from the just wrath of the Bishop of Ossory. On Bishop
Ledrede visiting France, De Bicknor seized the profits of
his See, and the Pope was obliged to interdict his metro-
political power during his life.2 He had numerous con-
tentions with his brother prelates. In 1337, when the
Parliament convened by Sir John Charlton, Lord Justice,
assembled at St. Mary's Abbey, he prevented the Arch-
bishop of Armagh carrying his crozier erect before him.
There had been for a long period questions of precedency
between the Archbishops of Dublin and Armagh. In this
year he was empowered by commission to treat with the
1 Rymer's Fceclera, vol. ii. p. 600.
2 Wadding's Annals, vol. viii. p. 419.
ALEXANDER DE BICKNOR. 39
Bishop of Meath, and other well-affected dignitaries, re-
specting* the affairs of Meath — to establish a militia for
preserving the peace of that county, and apprehending
all traitors and their abettors.1
In July 1339, the Archbishop was directed to put his Summoned
fortress at Castle Keven in a state of defence, and as he land"'
was well acquainted with the state of Ireland — that dif-
ficulty for English Statesmen at all times — his presence
was requested before the King's Council in. London to
enlighten them thereupon. What the nature of his
testimony was does not appear.
The state of his accounts, when treasurer, had not been
satisfactory, and accusations of a very harsh character
appear to have been made, for when he obtained the
formal pardon from the Crown in 1347, it uses strong Pardon.
language, such as releasing him ' for sundry false writs and
acquittances which he had put into his treasurer's ac-
counts in deceit of the King.' It was, however, very
much the custom for officials in those days (and, indeed,
in later times), when they considered their services not
sufficiently remunerated by their official salary to help
themselves. Such conduct was, of course, deserving of
censure, and the higher in rank the culprit, the more
guilty he should be regarded.
At a Synod over which he presided in Dublin, the Reguia-
Acts of which are preserved,2 many excellent ecclesiastical
regulations were promulgated. Such as beneficed clergy
should not be bailiffs or seneschals of laymen. Monks
not to be executors except under certain regulations ;
that the property of testators, or intestates, should be
fairly distributed. He exhorted all to loyalty and peace.
The last year of De Bicknor's life was disturbed by the
inroad of a very renowned prelate, Archbishop Fitz Ralph,
who was determined to assert the primatial rights of his Primatial
See, Armagh, over that of Dublin. He was fortified by rishts-
the authority of the King, and entered Dublin with the
crozier erect before him, lodged in the city for three days,
1 Rot. Tur. Berming. 2 "\Vilkins' Concilia, vol. ii.
40
REIGN OF EDWARD II.
CHAP.
II.
Death of
De Bick-
nor.
His cha-
ractar.
His desire
to encou-
rage in-
dustry.
Ancient
Statutes.
and openly proclaimed the privileges of his province, and
the Bulls of his primacy.
This prelatic raid must have been very galling to the
aged Archbishop of Dublin, especially when Fitz Ralph
insisted on asserting his right before the Lord Justice, as
also the Prior of Kilniainham, and such other peers as
were then in town, but they, evidently, wished to get rid
of their troublesome visitor, and he was sent back to
Drogheda.1
On July 14, 1349, Archbishop de Bicknor died. He had
administered the government of Ireland for a consider-
able period, and the See of Dublin for thirty-two years,
and was in no way inferior to any of his predecessors
either in point of wisdom or learning.2 He deserves to
be remembered with gratitude for his efforts towards the
establishment of a University in Dublin, and also he was
a strenuous advocate for the employment of the people.
One very remarkable discourse of his attracted much ob-
servation. He preached in Christ Church against sloth
and idleness, and of the mischiefs arising from the strag-
- glers and beggars that infested the streets of Dublin. He
inveighed warmly against everyone who would not ex-
ercise some trade or calling every day. His sermon had
the effect of inducing the Mayor of Dublin to exert his
authority for the spread of industry throughout the city.
He would not suffer an idle person to beg within his
liberties, but only those who spun and knitted as they
went to and fro, which kind of exercise even the begging
Friars were obliged to imitate.3
The earliest mention of a Parliament in Ireland by
name is to be found in the great Roll of the Pipe of
10° to 12° Edward I. On the close roll, 13° Edward I.
m. 5. is the following memorandum : — ' Quod die Veneris
in festo exaltationes sanctse crucis anno regni Edward 13°,
apud Wynton, liberata fuerunt Rogero Bretan, clerico
venerabilis patris, Stephani, Waterfordiensis Episcopi,
1 D'Alton's Lives of the Archbishops of Dublin, p. 133.
* Sir James Ware. * Mason's St. Patrick's Cathedral, p. 135.
ANCIENT STATUTES. 41
time justiciarii Hibernise, quidam statuta, per regem et CRAP,
consilium suum editaet provisa; viz. statutum Westm. I.,
statutum post coronationem regis editum, et statutum
Glouc., et statutum pro mercatoribus factum, et statutum
Westm. II. in Paiiiamento regis paschse, anno prsGdicto,
provisum et factum in Hibernia deferenda et ibidem pro-
clamanda et observanda.'
The first are declared to be statutes enacted by the
King and his Council. The latter in the King's Par-
liament, that is, the King's Court of Justice, which were
transmitted to Ireland to be observed there as law.
Much information relative to the publication of Irish Red book
£ Li1 1
legislative proceedings is contained in the Red Book of quej!xc
the Exchequer, which contains a mandate from Edward
II. to his Chancellor of Ireland, Stephen Riddel, in 1318,
to have the statutes of Lincoln and York enrolled, exem-
plified, and sent to all the King's Courts, and every
county of the land ; and commanding the officers of these
Courts to cause the same to be published and observed.1
When statutes were passed by the early Parliaments,
transcripts of them were immediately sent for the
guidance of the Judges and their officers. They were
also directed to be read, published, and firmly maintained,
by the Mayor and bailiffs of Dublin.2
The contents of the Eed Book of the Exchequer is Contents,
thus summarised: — 'Statutum Dublin 11° Henry IV. ;
Statutum Westmonaster. ; Sheriffs, Justices of Peace,
Treasurers and Escheators' oaths of office ; Writ for the
observance of the stat. 3° Ric. II., De Absentibus : Writ
4° Ric. IT. De Absentibus : Writ 7° Edward III., relative
to Customs : Articles of grievances sent to the King with
the King's answer, tempore Edward III. Statute 2 West-
monaster. : Brev de pardonatione debitorum Domini Regis
41° Edw. III. Le Statut fair encontr les Admirals 13° &
15° Ric. II. Some Latin verses, and four causes assigned
quare sancta crux adoratur : Ordinances of Kilkenny 3°
1 Red Book of the Exchequer, Dublin.
2 Morrin's Pat. and Close Rolls, Chanc. Ir. vol. ii. preface, p. xlvi.
42
REIGN OF EDWARD II.
CHAP.
II.
Red book
continued.
Edw. II., the four first chapters wanting : Ordinationes in
Parl. Dublin 13° Edw. II. : Le Serement des Collectours :
Statutum in Parl. Dublin 11 Henry IV. : Bone Estatut
pour le Peuple, and a drawing of the Court of Exchequer.'
Statutes of Lincoln and York, with a writ for their ob-
servance : Averment encinte protection, 10° Henry IV.,
an ancient calendar, the twelve months complete. Some
sacred writings; Latin verses; Qui jurat super librum
tria facet, prinio : Allowance to the Master of the Mint in
England, pro operag' et Moiietag'; and a memorandum
quod W. de Wymundham misit 24 picias cuneorum in
Hibernia pro rnoneta ibidem facienda: Proclamation for
decrying false money — 27° Edwd. III.; Oath of Justice;
De Jurameiito Vice Comitum et Ballivorum, and a writ of
levari to the Sheriff of Dublin for the King's debts; 11°
Edward I. The Great Charter of Ireland 1° Henry III. •:
Latin verses : Terms of agreement with the King by
Walter de Lacy, pro habenda terra sua in Hibernia ; Writ
for the observance of certain ordinances : Writ of Ed-
ward IV. to the Treasurer and Barons, with the tenor of
an Act of Parliament made at Naas, 13° Henry VI., to
discharge the Sheriffs of old debts ; Statute of Rutland
Edw. I. Serement des Viscomtes, Mairis, et Bailiffs Stat.
I. West. Stat. Gloucestir ; Ancient tables of calculation ;
Writ of Privilege for Clerks of Exchequer ; Statutum de
anno 38™, Chap. 2, 2° H. : Kings of England from William
the Conqueror ; Four writs de Capitali Banco ; Oaths of
allegiance, supremacy ; Lists of Officials, Officers of T^v-
chequer, Oaths of Commissioners of Appeals.
EGBERT DE WICKFORD, CHANCELLOR. 43
CHAPTER III.
OP THE CHANCELLORS PROM THE REIGN OF EDWARD II. TO THE DEATH
OP CHANCELLOR DE WICKPORD.
SEVERAL names appear in the list of Chancellors during CHAP,
the reigns of the Edwards II. and III., but few have left . in; _
more than their names. We find JOHN L'AncHEE,1 JOHN Names of
MoEicE,2 JOHN EEOWYK,3 JOHN DE BOTHEY/ WILLIAM
TANT,S JOHN KIPPOCH,G who held the Seal, but few materials
for a memoir of any until we come to a very wise and learned known!
Judge, a Chancellor who presided in his Court with great
ability, and afforded an excellent example to the judicial
functionaries of his time. This was EOBEET DE WICKFOED, Robert de
Archbishop of Dublin, to whom the Great Seal was in- chancel- '
trusted in 1377. This distinguished Prelate was descended lor-
from the ancient family of De Wickfords, of Wickford His family.
Hall, in Essex. He was born about the year 1330, and
displayed much ability during his student days. He Graduate
graduated in the University of Oxford, and became one of
the Fellows of Merton College. Having obtained the
degree of Doctor of Civil and Canon Laws, he devoted
himself to the Church, and was advanced to the dignity
of Archdeacon of Winchester. His learning and varied Archdea-
,.
accomplishments recommended him to the notice of King \y-hiches-
Edward III., who required a skilful and trustworthy am- ter.
bassador to send abroad, and selected the Archdeacon de
Wickford to carry out his views with reference to Con-
tinental States. In 1370, he was commissioned by the
1 Prior of St. John of Jerusalem. Patent in 1343.
2 Patent West. 1346. 3 Prior of St. John. Patent 1357.
4 Pat, 1371. 5 Prior of St. John of Jerusalem. Patent 1374.
6 Justice of the Common Pleas. He was appointed Lord Keeper during the
absence of William Tany, Chancellor, in England. Patent 1375.
44
REIGN OF EDWARD III.
CHAP.
III.
Treaty
with Duke
of Bra-
baiit.
Constable
of Bour-
deaux.
Judge of
Appeal
Court.
Prosecuted
while
absent.
Fined.
King to treat with. Wenceslaus, Duke of Brabant, respect-
ing the pay and allowances to be granted to that prince
and his army during the wars in which he served the
King. In the following year De Wickford received a
commission as ambassador with others to the Earl of
Flanders.1 Edward III. was ever ready to avail himself
of the abilities of his talented subjects, and about this
period was engaged in building Windsor Castle, the design
having been furnished by a Chancellor of England, the
famous William of Wickham.
De Wickford' s rank in the Church and his character
for abstruse learning were not deemed inconsistent with
military duty, for we find him, in 1373, Constable of the
Castle of Bourdeaux, and treating with Peter, King of
Arragoii, for a league, offensive and defensive. In the
month of April of that year De Wickford was joined in
commission with Thomas Felton, Seneschal of Aquitaine,
to take possession of that principality on behalf of the
King's eldest son, Prince Edward, to whom it had been
granted for life. De Wickford was also empowered to
hear appeals in the Courts of that province, but he was
not allowed to discharge his judicial office for any length
of time, as the King had other employment for him.
It is not a little singular that in a suit against himself,
in which Ivo Beauston was prosecutor, concerning a right
to a prisoner, heard before Sir Guy de Bryan and Edmund
Mortimer, Earl of March, the King's Judges in Aquitaine,
he was treated with little consideration, if not injustice.
Without citation, or other legal process necessary for the
proper conviction of an offender, especially one absent on
the King's business, and the Appellate Judge, he was
adjudged guilty, ordered to pay and render 7,625 francs,
200 marks of silver, two good coursers, and one hackney.
It is possible the Judges had some antipathy to the
learned Canonist, and revenged themselves thus by sum-
marily disposing of the case, but they did not long enjoy
their triumph. De Wickford appealed to the King and
1 Rvmer's Fcedera "
EGBERT DE WICKFORD, CHANCELLOR. 45
Council in England, and Edward III. at once directed a CHAP.
ill
mandatory writ at the prayer of the appellant, whom he ._ , '_^
honours with the title of his ' beloved Clerk,' bearing date Sentence
June 26, 1375, commanding- Thomas Felton, Seneschal of by com-
Aquitaine, William de Elmham, Seneschal of Gascony, and mand-
Richard Rotour, Constable of Bourdeaux, to supersede
the said judgment, and citing Ivo Beauston to appear
before the King and Council at Westminster, the day after
the Purification following, then to abide such decree as
the King and Council should make in the premises. I
could not find if the case proceeded further.
Thomas Minot, Archbishop of Dublin, died in London
in the year 1375, whereon the Prior and Convent of the
Holy Trinity of Dublin, and the Dean and Chapter of St.
Patrick's Cathedral of that city, applied to the King for
his Royal license to enable them to choose a Bishop in
place of the deceased Prelate. This, was speedily granted, Elected
when, probably assisted by an intimation from the Throne, A"jh~
their choice fell upon the King's * beloved Clerk,' which Dublin,
1 0*7 r
was ratified by a provision from his Holiness Pope Gre-
gory IX., dated Avignon, October 12, 1375.
Before the close of this year the new Archbishop of
Dublin was consecrated, and immediately summoned to
take part in a Parliament assembled at Dublin. His
heart must have been heavy with the woes of his patron,
King Edward III., then watching by the deathbed of his
son, the Prince of Wales, illustrious for every virtue, and
from his earliest youth, till the hour he expired, unstained
by any blemish.1 There are but scanty records of these
early Parliaments, yet that such were held appears from
many works, to which I refer the reader desirous to inves-
tigate this subject.2
During the reign of Edward III. the power of the En- State of
giish in Ireland was in perpetual danger. In proof of this Ireland<
I may quote a mandate addressed, in 1355, by the King
1 Hume's History of England, vol. iii. p. 100.
2 2 Rich. III. c. 8. Essay on Parliaments in Ireland, by Mason, p. 3.
Whitoside's Irish Parliaments, Part I. p. 17.
46 REIGN OF EDWAED III.
CHAP, to Maurice Fitz Thomas, fourth Earl of Kildare, one of
III
. , ' .,' the noblemen most respected in the country, complaining-
Mandate of that nobleman not more effectually repressing incursions
ward III on ^ne marches or boundary dividing the English territory
to the Earl from that held by the native Irish. The King wrote thus
reprovingly : — ' Although you know of these invasions,
destructions, or dangers, and have been often urged by us
to defend these marches jointly with others, you have
neither sped thither, nor sent that force of men which you
were most strongly bound to have done for the honour of
an Earl, and for the safety of these lordships, castles,
lands, and tenements which, given and granted to your
grandfather by our grandfather, have thus descended to
you. Since you neither endeavour to prevent the perils,
ruin, and destruction threatening these parts, in conse-
quence of your neglect, nor attend to the orders of our-
selves, or our Council, we shall no longer be trifled with;
and now ordain that you, in your proper person, with five
other mounted men-at-arms, twelve mounted hobilers,
forty archers, and other foot- soldiers in good array, shall
be at Rathinore, on Monday nest, after the Octave of the
Holy Trinity, or on the Tuesday following, at the farthest,
to maintain a guard there, at your own costs, for the
defence of your lands and of those parts. Therefore, on
your allegiance, and on pain of forfeiting both your body
and all your lands, held from us in the County of Kildare,
we command you to perform and continue in this service,
with our other subjects, against the enemies as occasion
may require ; otherwise the confiscation shall be enforced
against you.'
Difficulty Considerable difficulty was encountered by the Anglo-
of travel- Normans planted in distant parts of the country, in
making their way to Dublin to attend Parliament, or
for business or pleasure, partly arising from having to
traverse districts occupied by the hostile Irish, and partly
from advantage being taken of their absence, by the old
proprietors, to regain the possessions of which they were
EGBERT DE WICKFORD, CHANCELLOR. 47
deprived. The high, legal officials were usually English CHAP.
Ecclesiastics. ' .
The Chancellor was allowed as guard for his personal Chancel-
safety, and for that of the Great Seal, which he held in
custody, six men-at-arms, and twelve mounted archers.
The King's Treasurer had a like number, and they usually
formed the retinue when they rode beyond the suburbs of
towns, or escorted the Viceroy from place to place.
Among the incidents of this reign, I may mention a St. Pa-
pilgrimage, performed by Maletesto Ungaro, Lord of
Rimini and other territories, renowned for his intrepidity,
learning, and piety, to the Purgatory of St. Patrick's in
Louo-h Derg.1
o cu
The temporalities of the Archdiocese of Dublin had A writ
been committed, on the death of Archbishop Minot to A^j"stthe
Stephen, Bishop of Meath, and it was some months before Bishop of
the new prelate obtained the writ of restitution. Having
got into possession, Easter 1376, his grace was un-
pleasantly reminded that he was possessed of attachable
property in Ireland. A clerk in England named Thomas,
who had obtained a judgment against him for 107.
previous to his elevation to the Archbishopric, made affi-
davit that ' the defendant lived in Ireland and had goods
and lands there, and that the sheriff made return to a
former writ, that he had neither lands or goods in Eng-
1 This is certified by King Edward III., as follows: 'Whereas Maletesto
Ungaro of Rimini, a nobleman and knight, hath presented himself before us,
and declared that, travelling from his own country, he had, with many bodily
toils, visited the Purgatory of St. Patrick, in our laud of Ireland, and for the.
space of a day and a night, as is the custom, remained therein enclosed, and
now earnestly beseeches us that for the confirmation of the truth thereof, we.
should grant him our royal letters : We, therefore, considering the dangers
and perils of his pilgrimage, and although the assertion of such a noble might
on this suffice, yet we are further certified thereof by letters from our trusty
and beloved Almaric cle St. Amand, knight, Justiciary of Ireland, and from
the Prior and Convent of the said Purgatory, and others of great credit, as
also by clear evidence, that the said nobleman hath duly and courageously
^performed his pilgrimage : We have, consequently, thought worthy to give
favourably unto him our royal authority concerning the same, to the end there
may be no doubt made of the premised, we have granted unto him these our
letters under our royal seal.'
48 REIGN OF EDWARD III.
CHAP, land, whereupon he was ordered a writ of fieri facias
^^^^, empowering the sheriff of Dublin to levy the amount of
said judgment off the lands and chattels of the Arch-
bishop within his bailwick.1
Chancellor Toward the close of 1376,2 the Archbishop was ap-
pointed Chancellor of Ireland, and, in the ensuing year,
1377, received a mandatory writ to alter the Great Seal,
Richard the ill-fated King Richard II., then only eleven years of
age, having succeeded the chivalrous and strong-minded
Chancellor Edward III. The King's guardians sent Sir Nicholas
the Great Dagworth to scrutinise the conduct of the officials in Ire-
Seal, land, and with a view to economy, issued an order to the
Chancellor, to change the circumscription on both sides
of the Great Seal in his custody, by having the name of
Edward removed, and that of Richard substituted for it.3
The Archbishop was awarded, at this time, a liberate of
201. from the treasury, for his expenses attending a Great
Council at Tristedermot, also the Parliament held there,
which continued for four weeks.
Absentees Absentees summoned to Parliament were fined. On the
ifcmeniT" Memoranda Roll, 9° Edward III., the Bishop of Enily not
fined. having attended pursuant to his summons, was fined. He
Case of the petitioned, praying to be excused, and by inquisition it
Emly, was proved, ' that, on the vigil of the Nativity, as the
?!eraP- Bishop was riding towards the church, his palfrey stumbled
III. and threw him to the earth, whereby he was grievously
wounded, and had three of his ribs broken ; in conse-
quence, during the whole session, he lay so sick that his
life was despaired of, and without peril of his body he
could not approach the Parliament.' Whereupon the
King, in consideration of the Bishop's misfortune, and
wishing to show him special grace, ordered him to be
exonerated and discharged from the fine.4
The Archbishop was summoned to attend a Parlia-
ment at Castledermot, in the County Kildare, where now
1 D' Alton's ArchLishops of Dublin, p. 141.
2 Rot, Cl., 1 Ric. II. f. R. 2. 3 Gilbert's Viceroys, p. 243.
4 Morriii's Calendar Pat. and Close Rolls, Chan. Ir. vol. ii. p. xlvi.
EGBERT DE WICKFORD, CHANCELLOR. 49
humble cabins and mean dwellings contrast painfully CHAP,
with ruins of stately castles and magnificent ecclesiastical . ,J '
remains. It was, anciently, a place of great importance,
and largely endowed by the powerful Geraldines of Kil-
dare. A Franciscan Monastery was erected here in 1302
by Thomas Lord Offaly, and the town was enlivened by
the holding of several Parliaments. The hospitality of
the Monks, and other Clergy, must have been pretty well
tested during the sessions, for hotel accommodation had
not then extensively prevailed, and the members sought
the shelter of the religious houses of the town.
De Wickford, in 1378, had an amplification and con-
firmation of the Manor of Swords to him and his suc-
cessors, and, in 1380, all its possessions were conveyed, as
D' Alton remarks,1 'by one of these little slips of parch-
ment which formerly conveyed whole baronies, while the
smallest estates of modern times require a pile of skins
for their transmission.'
The Chancellor, in these primitive days, had very ex- Duties of
tensive jurisdiction, and a proportionate sphere of duty. tia
Beside presiding in the Court of Chancery, attending Chancel-
Parliament, and assisting the Lord Deputy with his
advice ; ministering to the wants of his diocese, and the
important functions of an Archbishop or Bishop, he pre-
sided as Judge of Assize, and disposed of the business
civil and criminal. The absence of the Chancellor in Assizes
England, in 1380, caused the assizes which were to be ciiancel^
holden before him to lapse. On his return his services lor's ab-
sence.
were put in requisition to raise money. He was directed,
by royal letter, to appoint collectors of a clerical subsidy a subsidy.
for the service of the State. He was also summoned to
attend a Parliament at Dublin, with proxies for his Dean
and Chapter.
The absence of legal records at this time prevents me
from giving any detailed account of the state of legal pro-
cedure which was in use at this period. In England the
practice, which was afterwards constantly used in Ireland,
1 Archbishop of Dublin, p. Ho.
VOL. I. E
50 KEIGN OF EDWARD III.
CHAP, of impeaching Lord Chancellors commenced,1 and the
III
N_ ^ — . troubles of the unfortunate King Richard II. occupied a
large share of attention.
In 1387, De Wickford obtained a confirmation of the
right of holding a fair at Swords to the See of Dublin,
and also a grant of half a cantred of the Abbey of Gleii-
dalough lying next the Castle of Ballymore, and, in 1389,
he was one of the Commissioners named to assess the
Clergy and Commons of the County of Dublin for the
Health subsidy they had granted. His health became much im-
paired as he grew old, and trusting his native air and
the society of friends in his beloved England would tend
to restore him, the Chancellor Archbishop obtained a
Great Seal year's leave of absence early in 1390, and put the Great
mission. Seal in Commission. He lingered over the summer, but
Dies. there was 110 amendment in his health, and his death
took place in England on August 29, 1390.
Street beg- Among the useful acts he performed, one was suppress-
ing street begging, of which an ancient Registry of St.
Patrick's Cathedral has the following record : — ' After the
burning of St. Patrick's Church, sixty straggling and
idle fellows were taken up and obliged to assist in repair-
ing the church and rebuilding the steeple, who, when the
work was over, returned to their old trade of begging,
but were banished out of the diocese in 1376 by Arch-
bishop de Wickford.' 2
In the book of Obits of Christ Church, it is recorded
that this Archbishop released to that cathedral an annual
payment of five marks, which his predecessors had re-
ceived for proxies, and, in return, a yearly commemo-
ration was appointed for him there, with an office of nine
lessons.3 In the time of King Edward III. the Norman
French began to be disused in the Courts of Law, and
English to be substituted. The English language, also,
was now used for the first time in Parliament. The viva
voce discussions were in English, but the assent, or dissent
1 Lord Campbell's Lives of the Lord Chancellors of England, vol. i. p. 239.
2 D' Alton's Archbishops of Dublin, p. Ml. 3 Id. p. 146.
EGBERT DE WICKFORD, CHANCELLOR. 51
of Bills, was then, and indeed, to some extent, still is, in CHAP,
the language of the Plantagenets.
During the latter part of the reign of King Edward
III., the feuds of the English by descent, and English by iland.
birth, reached such a height, that the King ordered the
Viceroy and Lord Chancellor to interfere, and prevent
these dissensions weakening the English power in Ire-
land. He gave them authority to punish by fine and
imprisonment for two years all English subjects, born in
England or Ireland, who, within his Irish territories,
should use contumelious language towards each other, or
engage in quarrels or strife among themselves.1
An incident occurred about this time which reminds CrystkVs
us of what we read of in Indian warfare. It was related
by Henry Crystede, a Norman protege of the Earl of
Orrnond, to Sir John Froissart : — ' I,' said Crystede, ' know
the language of the Irish as well as I do French and
English, for, from my youth, I was educated amongst
them, and the Earl of Ormond kept me with him out of
affection for my good horsemanship. It happened that
this Earl was sent with three hundred lances and one
thousand archers to make war on the frontier of the
Irish ; for the English had kept up a constant warfare
against them in hopes of bringing them under their sub-
jection. The Earl of Ormond, whose lands bordered on
his opponents, had, that day, mounted me on one of his
best and fleetest coursers, and I rode by his side. The
Irish having formed an ambuscade to surprise the Eng-
lish, advanced from it, commencing to cast and throw
their darts, but were so sharply attacked by the archers,
whose arrows they could not withstand, for they were not
armed against them, that they soon retreated. The Earl
pursued, and I, being well mounted, kept close by him.
It chanced that in the pursuit my horse took fright, and
ran away with me, in spite of all my efforts, into the
midst of the enemy. My friends could never overtake
me ; and, in passing through the Irish, one of them, by a
1 Gilbert's Viceroys, p. 221.
E 2
52 REIGN OF EDWARD III.
CHAP, great feat of agility, leaped on the back of my horse, and
« ^ — • held me tight with both his arms, but did me no harm
with lance or knife. Turning my horse, he rode with me
for more than two hours, till we reached a large bush in a
very retired spot, where he found his companions, who
had retreated thither from the English. He seemed
much rejoiced to have made me his prisoner, and carried
me to his house, which was strong, and in a town, sur-
rounded by wooden palisades and still water : the name
of this town was Herpelipin. The gentleman who had
taken me was called Brin Costerec, a very handsome man.
Brin kept me with him seven years, and gave me his
daughter in marriage, by whom I have two girls.
' I will now tell you how I obtained my liberty. It
happened in the seventh year of my captivity that one of
their kings, Art MacMurragh, King of Leinster, raised
an army against Lionel, Duke of Clarence, son to King
Edward of England, and both armies met near the city
of Leinster. In the battle that followed many were slain
and taken on both sides, but the English gaining the day,
the Irish were forced to retreat, and the King of Leinster
escaped. The father of my wife was made prisoner under
the banner of the Duke of Clarence ; and as Brin Costerec
was mounted on my horse, which was remembered to
have belonged to the Earl of Orinond, it was first known
that I was alive, that he had honourably entertained me
at his house in Herpelipin, and given me his daughter in
marriage. The Duke of Clarence, Sir William de Windsor,
and all of our party were well pleased to hear this news,
and he was offered his liberty on condition that he. gave
me mine, and sent me to the English army with my wife
and children; but when he found no other terms would
be accepted he agreed to them, provided niy eldest daughter
remained with him. I returned to England with my wife
and youngest daughter, and fixed my residence at Bristol.
My two children are married ; . the one established in
Ireland has three boys and two girls, and her sister four
sons and two daughters. The Irish language is as familiar
o c? o
STATUTE OF KILKENNY. 53
to me as English, for I have always spoken it with my CHAP,
wife, and introduce it among my children as much as I > rl_- *
can. '
This romantic story is very interesting, and highly
creditable to all concerned. It shows the kindly feelings
of the Irish, the attachment between the captor and the
captive. The natural desire of Brin Costeric not to lose
all his family in retaining one of his grand-daughters
displays these heart-yearning which denote the love of our
kind.
The adoption by vast numbers of the English colonists The Eng-
of the Irish language, dress, and customs, caused a series of jrsigj1adoi't
ordinances to be passed at a Parliament in Kilkenny under names and
the presidency of the Duke of Clarence, in the spring of ^us
1367. It declares, 'that man}7 of the English of Ireland, Kilkenny,
discarding the English tongue, manners, style of riding, A-D* 1367p
laws, and usages, lived and governed themselves according
to the mode, fashion, and language of the Irish enemies ;
and also made divers marriages and alliances between them-
selves and the Irish enemies, whereby the said lands, and
the liege people thereof, the English language, the allegi-
ance due to their lord the King of England, and the English
laws there, were put in subjection and decayed, and the
Irish enemies exalted and raised up contrary to reason.'
This Statute of Kilkenny prohibited alliance by mar-
riage, gossipred, fostering of children between English
and Irish, under penalty of treason ; also selling to the
Irish horses, armour, or victuals, under a like penalty.
All Englishmen or Irish living among them were to use
O CT O
the English language, be called by English names, follow
the English customs, and not ride otherwise than in
saddles, according to the English manner. If eccle-
siastics, dwelling amongst the English, did not use the
English language, the profits of their benefices were to be
seized by their superiors, but they had respite to learn the
English language.
As may readily be supposed from this, the laws of
1 Froissart's Chronicle, Buchon, 1835.
54 REIGN OF EDWARD III.
CHAP. England were little observed outside Dublin, and the
,J . statute provided that the English should riot be governed,
English in the determination of these disputes, by Brehon law. A
lecteJ16' very stringent clause prohibited the natives from being
No Irish admitted to the Ministry, that no Irishman should be
iirt'oan6'1 admitted into any Cathedral, collegiate Church, or bene-
benefice. fice, by promotion, collation, or presentation, and that
religious houses should not receive Irishmen into their
TLe bards profession. The bards or minstrels, who were often wel-
- enounce . come visitors to amuse 1;he nobles and their retainers in
days when the use of letters, reading and writing were
accomplishments by no means general, when newspapers
were unknown, when books existed only in manuscript,
and were therefore scarce, were proscribed under severe
penalties. The English should not admit, or make gifts,
to Irish musicians, storytellers, or rimers, who might be
English spies or agents. Dwellers on the borders should have
parleys legal permission to hold parleys or make treaties with
without hostile Irish. English subjects should not make war upon
each other, nor bring Irish to their aid for such purpose.
Irish The amusements most familiar with the Irish, and which
prohibited they practise to this day, were hurling with a ball and
staff curved at the end, called a hurley, and throwing the
discus or quoit. These were prohibited. ' The common
people dwelling on the borders should not use the plays
called hurlings and quoitings, which had caused evils and
maims, but accustom themselves to draw bows, and cast
lances, and other gentlemanlike sports, whereby the Irish
enemies might be better checked.'
Soldiers For defence, there should be appointed in every county
four of the most substantial men as Wardens of the Peace,
with power to assess the inhabitants for providing horse-
men-at-arms, hobilers, and foot-soldiers, who were to be
reviewed by them from month to month. That Constables
of Castles, with the exception of the Constable of the
King's Chief Castle in Ireland at Dublin, should not take
from any prisoner a fee of more than fivepence ; and that
they should not use cruelties for the purpose of extortion.
for defen-
ces.
STATUTE OF KILKENNY. 55
Against violators of these and other enactments made CHAP.
in
regarding the internal government of the colony, very , ' ..^
severe penalties, ranging from forfeiture of property, and
imprisonment, to death, were decreed.
The office of Chancellor was not unattended with con-
siderable personal risk in these wild days. Owing to
attacks, the King's officers petitioned for the removal of
the Exchequer from the strong castle of Carlow, where it
was exposed to danger, to Dublin.
To bring the mutinous De Birminghams to terms, a Danger of
parley was arranged, which met in Kildare, at which the chancellor
Chancellor, THOMAS DE BUE.EL, Prior of the Hospitallers, of Ireland.
John Fitz Eichard, Sheriff of Meath, Sir Eobert Tirell,
Baron of Castleknock, took part. Good faith was broken
by the De Birminghams, who captured the high contract-
ing parties, holding all to ransom except the Chancellor,
whom they refused to liberate upon any terms, holding
him for the purpose of exchange for James de Birmingham,
then heavily ironed as a traitor in Dublin Castle. As we
have no record of any lengthened imprisonment of the
Chancellor, we may presume these terms were agreed to.
Sir Eobert Preston, who had been Chief Baron in the Preston's
reign of Edward III., assigned his spacious ma,nsioii to Iim>
his legal brethren. They called their inn ' Preston's Inn,'
as a compliment to the generous donor. Here the Judges
and Barristers occupied chambers for many years, but I
do not find any effort was made to establish a Law School,
and Irish students were compelled to enter an English inn
when they desired to adopt the law as their profession;
but they had a right to practise, at their option, in either
England or Ireland.
REIGN OF RICHARD II.
CHAPTER IV.
CHAP.
IV.
>- , ^
John
Colton,
LordChan-
cellor.
Birth and
education.
Prebend-
ary of
Bugthorp.
Dean of St.
Patrick,
Dublin.
LordChan-
cellor.
Retinue.
Death of
the Lord
Lieute-
nant.
Chancellor
and Peers
proceed to
elect a
Lord Jus-
tice.
OF THE LORD CHANCELLORS OF IRELAND DURING THE REIGN OF
KING RICHARD II.
JOHN COLTON, Dean of St. Patrick's Cathedral, was ap-
pointed Lord Chancellor of Ireland in 1379. He was
born in Torrington, Norfolk, and educated for the Church.
When ordained, he became Chaplain to William Bateman,
Bishop of Norwich, and his attainments were such, that
in 1348 he became first Master of Gonville Hall (now
Caius College), Cambridge. In 1348, Colton took his
degree of Doctor of Canon Law. Having remained for
some years in Cambridge University, he obtained prefer-
ment, and was Prebendary of Bugthorp, in the Arch-
diocese of York. In 1373, he accepted the onerous office
of Treasurer of Ireland and Dean of St. Patrick's, as suc-
cessor to Dean Bromley. The Great Seal of Ireland was
intrusted to his custody in 1379, and his duties appear as
much military as civil or ecclesiastical. On the Viceroy,
Earl of March, undertaking a progress to Munster in
1380, he was attended by the Lord Chancellor, who had
for his guard, besides his personal attendants and clerks,
four men-at-arms armed at all points, and eight archers
on horseback, for whom he received an allowance of twelve
pence a day for each man-at-arms, and sixpence for each
archer. This journey was a melancholy one. The Lord
Lieutenant died on December 26th, at the house of the
Dominicans, at Cork. Next morning, the feast of St.
John, the Chancellor and John Keppok, Justice of the
King's Bench, sent letters to the Bishop of Ossory, Trea-
surer of Ireland, to James le Boteller, Earl of Ormond,
and Gerald Fitz Morice, Earl of Desmond, to signify the
ALEXANDEE DE BALSCOT, CHANCELLOR. 57
death of the Lord Lieutenant, and requiring their presence CHAP.
to elect a Lord Justice in his place. On the assembling ^__ ^ — .
of the Peers and others of the Council, this office was
offered to the Earls of Ormond and Desmond, but declined
by those noblemen, who assigned as their reason, 'that
they had sufficient occupation in defending their terri-
tories.' It was then offered to the Chancellor, who at Chancellor
o ("•pnvii'y t IIP
first refused the honour, but at length accepted it, on office on
condition that the Earls of Ormond and Desmond and the conditions.
other Peers and Prelates then present assisted him in the
discharge of his duty, and that in the next Parliament he
mio-ht be exonerated from the charge. He was sworn
o o
into office, and letters patent passed the Great Seal on
January 20th following constituting him Lord Justice,
with a salary of 500Z. per annum.1 This salary was in- Salary
creased in a very complimentary manner by the King, mcreaset-
who ordered him ten shillings a day in addition, in conse- Of ^°
quence of his singular virtues and great hospitality. I Chancellor
mention this for the especial attention of Chancellors, and pitable.
I hope the hint will not be lost.
The patent to Dean Colton being revoked, WILLIAM William
TANT, Prior of St. John, was again sworn in Lord Chan-
cellor. On February 13, 1382, John Orrewell, the King's
Serjeant-at-law, came to Kilkenny, and in the chamber
and presence of Alexander, Bishop of Ossory, Treasurer of
Ireland, and other persons, produced letters patent under
the Great Seal of England to Friar William Tany, consti-
tuting him Chancellor of Ireland, who gratefully accepted
the same, and was sworn in by the Bishop of Ossory.2
William Tany having relinquished the Great Seal, it was Alexander
given to ALEXANDER DE BALSCOT, Bishop of Ossory, in chancd-
1385, who continued Lord Chancellor for three years. lor-
This eminent ecclesiastical Chancellor's real name was His family
Petit, but he is called De Balscot from the place of his
birth in Oxford, as was usual at this period.. He was a Canon of
Canon of the Cathedral of Kilkenny, and held in such
1 Memorandum on Roll 5th Eic. II.
2 Smyth's Law Officers of Ireland, p. 6.
58
REIGN OF RICHARD II.
CHAP.
IV.
Bishop of
Ossory in
1397.
Treasurer.
Treasurer
and Lord
Chancel-
lor.
Ireland
torn by
dissen-
sions.
Chancellor
and Arch-
bishop of
Dublin
repair to
the King.
repute for his great learning and wisdom that he was
elected to succeed John of Tatenale as Bishop of Ossory
in 1371, which was confirmed by Pope Gregory XI. The
state of affairs in England at this period was critical, and
the clouds lowering in the horizon soon extended over Ire-
land. All the glories of Edward's long reign were speedily
obliterated by the faults and follies of his successor,
and it was with sad forebodings Bishop de Balscot cast
the weight of his character and talents into the scale of
the State officials in Ireland. He was too able a man not
to hold a high office under the Crown, and accordingly
was selected in 1376 for the responsible office of Treasurer
of Ireland. As this post required much precaution for
the safety of the treasure, a guard of six men-at-arms and
twelve archers, paid out of the Exchequer, were assigned
to Bishop de Balscot while he continued Treasurer. This
shows the insecurity of the country at this period when
the property or persons of the King's officers were not
safe without a military guard. In the reign of King
Richard H. he was also continued Lord High Treasurer,
and appointed Lord Chancellor of Ireland.1 The jurisdic-
tion of the Court of Chancery was then very extensive.
When any injury resulted to a subject by the act of the
King or his officers, a petition of right was allowed by the
Lord Chancellor. Relief was also had against judgments
of the Courts of Law, and in cases of fraud, accident, or
breach of trust.2
It was a time of extreme peril ; the duration of English
rule in Ireland was threatened by internal dissensions and
external foes. The rival houses of Ormond and Desmond
were at war within, while Spanish and Scotch pirates
plundered from without. In this emergency a Council
was assembled at Kilkenny, where it was resolved, ' That
the Archbishop of Dublin and the Chancellor should
hasten to Richard II., and assure him of the danger then
existing. They were directed to impress upon the King
1 In 1377-1385 and 1394 ; also temp. Hen. IV. in 1400.
2 Lord Campbell's Lives of the Lord Chancellors of England, vol. i. p. 271.
ALEXANDER DE BALSCOT, CHANCELLOR. 59
the urgent necessity of liis visiting Ireland in person. CHAP.
Should they be unable to induce the King to cross over to ^_ T '
Ireland, they were instructed to implore his Majesty to
send one of his most powerful nobles to protect his Irish
dominions from impending ruin.' The King was reluctant
to leave England, which had manifested a disposition to
rebellion the previous year ; but he nominated to the De Vere
Viceroyalty his favourite, Robert de Vere, Earl of Oxford ;
and the English Parliament, being anxious to get rid of Liberality
him, voted him a liberal sum, viz. thirty thousand marks, to, get rid
with two years' pay for five hundred men-at-arms, and a
thousand archers, on condition of his proceeding at once.
He was invested with almost regal authority over Ire- Continued
land ; empowered to issue writs in his own name, to '
appoint or displace the Chancellor,1 Treasurer, Privy
Council, and officials; to nominate his own Deputy, and
pardon treason and felonies. He was created Marquis The first
\ * *
of Dublin — a higher title than previously existed in Ire- irluis-
land, and unknown in England ; — authorised to coin gold
and silver, to use his Great Seal instead of the King's ; His
and, in place of the English banner, to substitute his own GreatSeaI-
— displaying three golden crowns on an azure ground,
with a silver border. From April 19, 1386, when he Letters
was granted the land and dominion of Ireland, all letters Patent-
patent, and public documents connected with State affairs,
were executed in the name of Robert, Marquis of Dublin,
Earl of Oxford, and Chamberlain of England.
He did not repair to Ireland as quickly as had been Sir John
expected, but sent thither, as his Deputy, Sir John de : Je 8tanley
Stanley, who landed at Dalkey, on August 30, 1386.
His appointment by letters patent under De Vere's Great
Seal, was read in the Great Hall of Dublin Castle, in the
presence of the Chancellor, the Earl of Kildare, and Royal
officers. He was empowered to pardon treasons and
felonies as representative of the Marquis of Dublin, in
1 The Viceroys usually had power to appoint to all offices except those of
Chancellor, Muster of the Eolls, Treasurer-at-War, Marshall, Treasurer, Jus-
tices of either Bench, and Master of the Ordnance.
GO
KEIGN OF KICHAKD II.
CHAP.
IV.
Duke of
Ireland.
English
Peers de-
mand his
removal
from the
Council.
Exiled
Judges.
whose name, conjointly with that of the King, the legal
business was transacted. Recognizances were taken, ad-
mitting persons to the peace of the King and the Marquis
of Dublin.1
In October, 1386, De Vere, with the consent of the
Parliament of England, was advanced to the rank of Duke
of Ireland, and received a new patent, conferring upon him
additional powers — relieving him from any rent until he
had conquered Ireland, and authorising him to hold all
Crown estates which he might recover by the sword. It
is believed that the weak and infatuated Richard intended
to make his favourite King of Ireland, and applied for the
Pope's sanction. The King and De Vere went to Wales
in 1387, when the English Lords resolved to humble the
pride of the favourite, and demanded his removal from the
Council. Discontent had reached such a height that
several of the English nobility were in revolt. The King,
to gain time, deferred his reply until the meeting of Par-
liament ; and De Vere, having, by virtue of "Royal Com-
mission, raised an army in Wales, marched to support
the King against the combined Peers, but was defeated
by the Earl of Derby, near Oxford, and with difficulty
escaped by plunging into the Isis.2
Ireland was selected as the place of exile for the five
Judicial personages, who, in the Council at Nottingham,
had certified that the King was above the laws, could
eject Commissioners appointed by Parliament, and annul
Acts which he considered prejudicial to himself. They
were banished in 1388, to the following cities, — Sir Eobert
Belknap, Chief Justice of the King's Bench in England,
was sent to Drogheda ; Sir Eoger Fulthorpe and William
Burgh, Justices of the King's Bench, to Dublin ; Sir John
Carey, Chief Baron of the Exchequer, and John Sokton,
the King's Sergeant, to Waterford ; the King's Confessor,
1 Gilbert's Viceroys, p. 254.
2 De Vere, Duke of Ireland, died in poverty and exile at Louvain, having
been gored by a wild boar, while hunting in the forest of Ardennes. — Gilbert's
Viceroys, p. 256.
ALEXANDER DE BALSCOT, CHANCELLOR. 61
Dr. Eusliok, Bishop of Salisbury, who was accused of CHAP,
liaviner urged the Judges to this course, was banished to — ' '
o O ~
Cork. There was abundant provision made for the support
of the exiles. Annual pensions ranging from forty to Provision
twenty pounds, were allocated — these were considerable
sums in those days. Each was allowed two English
servants, but none were privileged to roam above three
leagues outside the places assigned for their residence.1
The Bishop had costly episcopal attire, one of his The Bishop
forfeited mitres produced 333/.2 As the blame fell chiefly dealt ^nth.
upon him, he seems to have been treated with more harsh-
ness than the others. He was only allowed to bear into
exile forty marks, his bed, raiment, a prayer-book, and
two servants. He was limited to a radius of two leagues
O
outside the City of Cork, and denied a pension, but was
permitted to accept alms from anyone generous enough to
give. Even this was not to exceed forty marks annually
for his support. He died in exile, and was buried in Cork. Dies in
Prior John Gray provided a marble coffin for the remains
of the King's Confessor. He was reimbursed by King
Richard ; also for the money he kindly expended in sup-
porting the servants of the banished Bishop.
From 1387 to 1388, the Government of Ireland was Chancellor
chiefly administered by the Lord Chancellor. DE BALSCOT o*ei ^"v.
J •* m ' heal 01 De
wishing to please the King, and thinking he had his Vere.
warrant, used the Seal of De Vere ; and, when he took
the field, unfurled the standard of that once powerful
favourite. He little foresaw the consequences of doing so.
On May 4, 1388, King Richard II. wrote a very severe Repri-
letter 3 to this Prelate, for thus acting. ™and from
Ivmg
- . Richard II.
1 After a lapse of nine years they were allowed to return, and practise,
•without remark.
- Gilbert's Viceroys, p. 258.
3 Rym. tom.vii.p. 577. De Sigillandocum Sigillo Regis in Terra Hibernire:
'Rex, Venerabili in Christo Patri, Episcopo MidrJcnsi, in Terra Nostra
Ilibernire, Salutem.
' Quia datum est Nobis intelligi quod vos Sigillo Roberto de Veer (miper
Dncis Hiberniae) sub nomine Marchionis Dublinko, cui nupcr Dominium et
Regimen Terr?e predictse concessions :
' Qui omnia Dominia, Maneria, Terras, Tenemcuta, Bona, et Cafella sua
REIGN OF RICHARD II.
CHAP.
IV.
Richard
Plunkett
Lord
Chancel-
lor.
The
Pluukefts.
Birth and
career.
In Parlia-
ment, A.D.
1374.
Chief
Justice.
The misconduct of De Balscot was visited with the loss
of the Great Seal, which was intrusted in 1388 to a
very eminent man, EICHARD PLUNKETT, Lord Chancellor
of Ireland.
Few names hold more prominent place in Irish legal
annals than Plunkett. We shall find many opportunities
of mentioning it in the progress of these Lives. It is said
to have Danish origin, but was familiar in Ireland at a
very remote period, when the family mansion was at
Beaulieu, ' the ha,ndsome place ' now called Bewley, in
the County of Meath. It has high rank in the Peerage of
Ireland - - honoured with the titles of Fingal, Louth
Dunsany, and Plunket.
Richard Plunkett was born about the year 1350. He
was destined for the legal profession, in which he obtained
great distinction, and had summons to Parliament by
writ in 1374. Having distinguished himself in the senate
and at the Bar, he was elevated to the high rank of Chief
Justice of the King's Bench. This was not his highest
in presenti Parliament nostro, ratione Judicii versus cundom Robertum
ibidem redditi, erga Nos forisfecit postquam vobis notorie, ut dicitur, innote-
scebat :
' In consignations quam plurinm Cartarum, Literarum Patentium et Bre-
vium, Statum et Regimen ejusdem Terrse coucernentium, erronice usi fuistis :
' Ac Vexilla et Penuncillos ejusdem Roberti, contra aggressus et invasiones
hostium ct rebellium nostrorum Hibernicorum, similiter erigi, levari, et dis-
plicari fecistis in nostri dedecus et vituperium manifesta :
' Nos,
' Nolentes talia incommoda, in nostri et Regioe Dignitatis nostne deroga-
tionem palam et expresse redundantia, ulterius tollerare :
'Vobis, sub sacramento fidelitatis vestrae, nobis praestito, Injungimus et
Mandamus quod, Sigillo, Vexillis et Penuncillis prsefati Roberti, in dicta terra
habitis, et pro tempore usitatis sine dilatione animotis penitus et deletis,
omnia et singula, commodum nostrum et rempublicam in terra predicta con-
cenientia ; et pro sano regimine ejusdem teme necessaria et oportuna, Sigillo
nostro, quo per antea inibi utebanrar, quod in Thesauraria nostra ibidem existit,
quotiens necesse fuerit, et Vobis videbitur expedire, juste et debite de cffitero
consignari, Nostraque Vexilla et Penuucello.s, contra hujusmodi hostes et, re-
belles nostros, in defensione terrse illius, similiter erigi et displicari faciatis in
forma predicta, quousque aliud a Nobis habueritis in Mandatis ; et hoc nulla-
tenus omittatis.
' Teste Rege, apud Westmonasterium, quarto die Aprilis.
Per Concilium.'
RICHARD NORTHALIS, CHANCELLOR. G3
appointment, for I find that in 1388, 12th Eichard II., he CHAP,
was appointed Lord Chancellor. He continued in office
until succeeded by Archbishop NORTHALIS. Lord
On October 12, 1394, King- Richard II. landed at Water- i0r ilTss
ford, accompanied by Thomas de Arundel, Lord Chancellor King
of England,1 the Duke of Gloucester, the Earls of March, ^Snd!
Nottingham, and Rutland, with four thousand squires and
thirty thousand archers. Richard was then twenty-eight His per-
years old, of middle height, with hair of a light yellowish pearan«>~
colour, a rosy, round face, and presence indicating neither
strength nor dignity. He usually was splendidly attired,
as was the custom of the day ; one of his coats so orna-
v *
merited with precious stones as to be estimated at 30,000
marks. With this large army he expected to conquer
Ireland, and subdue the dissensions which prevailed in
that country ; but, from the nature of the land and the
mode of warfare of its inhabitants, he failed to effect his
purpose. After two months of toil, and ineffectual efforts Unable to
to engage the Irish troops,2 who dissolved like mist, and j"^jSe
lurked like wild foxes among mountains, woods, and bogs, troops.
Richard drew his forces towards Dublin, where he passed
the Christmas of 1394.
At this period RICHARD NORTHALIS, Archbishop of Richard
No rt h;il is
1 Lord Campbell's Lives of the Lord Chancellors of England, vol. i. p. 297. Chancel-
2 There were several gradations in Irish troops, which are set forth by an l°r-
historian (Stanyhiirst) whose account must be taken with considerable qualifi-
cation : —
' The Irish observe divers degrees, according to which each man is regarded :
the basest sort among them are little young wags, called Daltins ; these are ^altin s
lackeys, and are serviceable to the grooms or horseboys, who are a degree norseboys.
.above the Daltins. Of the third degree is the Kern, who is an ordinary soldier, Kern,
using for weapon his sword and target, and sometimes his piece, being com-
monly so good marksman, as they will come within a score yards of a great castle.
Kern signifyeth, as noblemen of great judgment informed me, a spawn of
hell, because they are taken for no better than rakcluUs, or the devil's black-
guards. The fourth degree is the Grallooghglass, using a kind of pollaid for his ,
weapon. These men are commonly wayward rather by profession than by '
nature, grim of countenance, tall of stature, big of limb, burley of bod}-, well
and strongly timbered, chiefly feeding on beef, pork, and butter. The fifth
degree is to be an horsenvm, which is the chiefest next the Lord and Captain ; Horseman.
these horsemen, when they have no stay of their own, go and range from house
to house, like errant Knights of the Round Table, and they never dismount
until they ride into the hall, and as far as the table.'
KEIGN OF RICHARD II.
CHAP.
IV.
A native
of London.
A Carme-
lite Friar,
Becomes
Bishop of
Ossory.
Appoint-
ment of
Justices of
the Peace.
Dublin, filled the office of Lord Chancellor of Ireland. He
had received the Great Seal during the preceding year, 1393,
and appears to have been well suited to his exalted position.
The career of this Prelate was very varied. He was a
citizen of famous London town, son of an opulent merchant,
who had been Lord Mayor. It was, 110 doubt, a great
change from the life within sound of Bow bells, and the
rich banquets of the Alderman of London town, to the
matin's chime and strict discipline of a Carmelite convent ;
but the call to a religious life, which has induced so many
to exchange ease and opulence for fasting and prayer,
caused Eichard JSTorthalis to forego the steaming turtle
and savoury haunch for the spare diet of the Carmelite
friars. His career in the convent was marked by rigid
observance of the rules of his Order ; and soon his repu-
tation for learning, preaching, and sanctity extended
beyond the precincts of his abode. The state of religion
in Ireland, and the propriety of strengthening the English
rule in that country, caused King Eichard II. to exert
himself for the preferment of the Eev. Eichard Northalis
in that realm; and, in 1386, he was appointed Bishop of
Ossory.
A very eminent Prelate then held the Great Seal of
England, William of Wickham. In his time occurred
O
the first instance of a Parliamentary impeachment. It
was also about this period the arduous and delicate duty
of appointing Justices of the Peace devolved on the Lord
Chancellors. A class of officials exercising the most im-
portant functions in their locality, yet, in Ireland, in
former days, too often the instruments of party or sec-
tarian feeling. Happily the more kindly spirit of tolera-
tion which now prevails, and the wholesome censorship of
a vigilant and honest press, renders the painful task of
removing or reproving an unpaid official of high station
a matter of rare occurrence to a Lord Chancellor ; and, it
only occurs when the offender endangers the due adminis-
tration of justice, which knows no party, and respects all
creeds.
RICHARD NORTHALIS, CHANCELLOR. 65
About the year 1390 the misgovernment of Ireland
reached such a height, that a Commission was appointed
by the King to enquire into the corruptions and frauds Abuses ^of
of the officers there ; to examine into and report all losses
and abuses in the government of the kingdom, with power
to examine all Peers, Prelates, and such persons as could
give information in the premises ; and, in particular, to
report how, and on what security, Nigel O'Neill was en-
larged ; to enquire also into the numbers at which Sir
John Stanley, Lord Deputy, had kept his retinue at his
last arrival in Ireland ; whether he had performed the
covenants in his indentures of government, and how many
archers and men-at-arms he transported with him into
England. The Commissioners were also to ascertain the
value of the revenues of Ireland while the said justice
administered the government there, and how much thereof
he applied to his own use. The best proof of the estimate Northalls
King Richard II. entertained of the trustworthiness and c?mmis-
sion.
ability of the Bishop of Ossory, was appointing him the
Commissioner for this searching enquiry. He was likewise Records
directed to supervise and examine into the Rolls and officers-
Records of the Exchequer, and other Courts of Dublin,1
1 The Patent Rolls in Chancery, Ireland, commence in the reign of Edward I. Patent
and are continued to the present time. They are called patent from being Rolls in
open to the inspection of all. They contain enrolments of grants in fee, or Chancery,
perpetuity, for lives and years, of Crown lands, abbey lands, and escheated •*-re^an"-
lands ; patents of creations of honour ; grants of charters of incorporation and Contents,
liberties ; grants of offices, denization, ferries, and fisheries ; patents for in-
ventions and specifications ; licenses and pardons of alienation ; presentations ;
promotions to bishoprics and deaneries; special licenses ; grants of wardships;
Commissions ; inquisitions post mortem and on attainder ; orders of Council ;
depositions of witnesses in perpetuam rei memoriam ; deeds ; conveyances ;
grants in custodiam ; grants of manors and all their appurtenances, and of
fairs and markets ; surrenders of lands and offices to the Crown ; summonses
to Parliament; bonds; obligations; replevins; pardons; letters of attorney;
licenses for officers to treat with the Irish ; treaties ; Papal Bulls ; proclama-
tions ; letters of protection ; writs of amoveas manus of possessions taken by
the Crown ; writs of ouster le main ; King's letters ; wills ; commissions for
the survey, appointment and erection of counties ; for remedy of defective
titles; for the appointment of Justices and Commissioners, as well civil as
VOL. I. F
66
REIGN OF RICHARD II.
CHAP.
IV.
Ambassa-
dor to the
Pope.
Bishop
Northalis
in Rome.
Close
Rolls.
Statute
Rolls.
and to report the behaviour of the officers. All Prelates,
Peers, and other subjects, were commanded to aid and
assist the King's Commissioner, who, it must be allowed,
stood in need of much help while discharging this multi-
farious and difficult task. The King was so satisfied with
the manner in which Bishop Northalis executed this Com-
mission, that he appointed him Ambassador to Boni-
face IX. in 1391.
The appointment of Bishop Northalis as Ambassador to
the Pope was peculiarly gratifying to one of his disposi-
tion and piety. He delighted in Rome, the capital of the
Catholic world, wherein he found congregated not only
all that is most valued in the eyes of the pious pilgrim,
but all that can most interest the lover of classical litera-
ture, antiquities, and the Fine Arts.
He passed many happy days in the Eternal City, in-
specting with the eyes of faith and true devotion its
countless wonders, or in the subterranean vaults, where
rest the bodies of the Holy Apostles ; in devout visits to
the relics, the Holy Cross, the Scala Sancta, the pillar
where our Lord was scourged, the Colosseum, the Cata-
combs, the churches of saints and martyrs who loved God
more than they feared man. He thought often to how
much of Rome might these words be applicable, ' Nullaui
esse ibi vel minimam soli partem quse sacro martyrem
sanguine 11011 esset irnbuta et consecrata.'
military ; for the conversion of lands held by the Irish custom of Tanistry into
the English custom of tenure, &c.
The Close Rolls, so called because they contained writs sealed and directed
to the officer by whom alone they -were opened. The oldest is of the 20th
Edward II., but they are not carried down regularly. The Statute Rolls com-
prise public and private Statutes passed in the Irish Parliament. They include
the reigns of Henry VI., Edward IV., Richard III., Henry VII., Henry VIII.,
Philip and Mary, Elizabeth, and James I. From thence to 1715, public and
private Acts were promiscuously enrolled on the same series of Rolls, and an
imperfect Calendar was at times made of both Acts, but from 1715 to 1800,
when the Irish Parliament ceased, the private Acts were enrolled separately,
and a regular index made excluding the public Acts. The Statute Rolls
prior to 10th Henry VII., are in Norman-French, then the language of the
Court ; but from the time of Edward III., the' viva voce proceedings in Parlia-
ment were in the English tongue.
RICHARD NORTHALIS, CHANCELLOE. 67
Having returned to Britain, Bishop JSTorthalis, in 1393, CHAP.
received the Seals as Lord Chancellor of Ireland.1 In that . I)j ,
year the Viceroyalty was intrusted to the King's uncle, Lord
Thomas Plantagenet, Duke of Gloucester ; but the King, J^"^"
having suspected him of designs to subvert his authority, 1393.
speedily revoked this appointment, and announced his
intention to visit this part of his dominions in person.
Great preparations were accordingly made, but the in-
tended visit had to be postponed in consequence of the
death of Queen Anne, in June, 1394. It was only post- Death of
poned a short time, for on the 2nd of October his Majesty the Queen-
landed at Waterford, accompanied by many nobles.
On the 1st of February, 1395, the King wrote to his Richard
uncle, the Duke of York, whom he left Regent in England, IL .f e~ t
scribes the
informing him he had issued writs, summoning a parlia- state of
meiit in Dublin after the following Easter. That King
Richard had tolerably accurate notions of the state of
Ireland may be surmised from this letter, wherein he
states, ' In our land of Ireland there are three kinds of
people — wild Irish, our enemies ; Irish rebels ; and obe-
dient English. To us, and to our Council here, it appears
that the Irish rebels have rebelled in consequence of the
injustice and grievances practised towards them, for which
they have been aiforded no redress ; and that if not wisely
treated, and given hope of grace, they will most likely ally
themselves with our enemies.'2
Einding the task of reducing Ireland by force impos- The King
sible, Richard tried what could be done by policy, and,
laying aside the hostile banner of England, quartered with
leopards and fleurs-de-lis, he displayed a flag with a golden
cross on an azure ground, surrounded by five silver birds,
said to have been the cognizance of his patron saint,
1 Pat. May 29, 1393. B. L, 17 Ric. II., f. No. 54.
2 This letter shows how the root of Irish discontent, from the first, lay in
' injustice practised and redress withheld,' and bears out the assertion of Junius
several centuries later : ' Uniformly have the people of Ireland been plundered
and oppressed.' Happily, we live in better days, when Ireland and the Irish
are treated with the same justice as the other subjects and dominions of our
Sovereign Lady the Queen.
F 2
68
REIGN OF RICHARD II.
CHAP,
IV.
Four
Kings
knighted
The
banquet.
Richard's
policy.
Roger De
Mortimer
Viceroy.
His de-
scent.
Personal
qualities.
Edward the Confessor. This Saxon King had married
„ Edith, sister to Driella, wife of Donogh O'Brien, King of
Munster ; and his memory was held in reverence by the
Irish, so they were pleased with this demonstration of
respect paid by the King to one whom they looked on
kindly.
The result of negotiations (in which Henry Crystede,
already named, was of great use as an interpreter) was,
that O'Neill, O'Connor, McMurrough, and O'Brien, styled
the Four Kings of Ireland, were induced to receive knight-
hood at the hands of King Richard, who, after the cere-
mony, feasted them at his own table. The Privy Council
of England were not pleased at Richard having admitted
these powerful chiefs to grace without payment of fines,
which would, they contended, have helped to defray the
expense of the expedition, and the government of Ireland,
which was felt very burthensome by the English rate-
payers. This was a narrow view of a great question, and
the general feeling was in favour of the wise policy of the
King, who was considered, in bringing the Irish princes
to become his subjects, to have conquered the greater
part of the kingdom.
Richard, having succeeded in effecting by peaceful
means what he failed to achieve by sterner methods, when
returning to England intrusted the Irish Government to
his cousin Roger de Mortimer, who was next in succession
to the English throne. He also represented the great
houses of Marechal, De Lasci, De Braose, and De Join-
ville, who acquired immense territories in Ireland, with
the titles of Earl of Ulster, Lord of Connaught, Trim,
Leix, and Ossory. Roger, the Viceroy, possessed personal
qualities very fitting for a Commander-in-Chief, at a time
when sharp swords were often found more convincing
arguments than words. He was good at both — an accom-
plished knight at tournament or in battle-field, a ready
and eloquent speaker, of a handsome presence and affable
demeanour.
RICHARD NORTHALIS, CHANCELLOR. GO
He had a mild and pleasant look, CHAP.
A cheerful smile and aspect bland ; IV.
His very voice and manner spoke * '
The generous heart and open hand.
Although De Mortimer stood so near the King by Sir Wil-
blood and rank, he was not left sole charge of the king-
dom. A very distinguished nobleman, who stood high in
Richard's esteem, shared the responsibility. This was Sir
William le Scroop, or Scrope, the Royal Chamberlain,
who was nominated Justiciary for Leinster, Munster, and
Uriel or Louth.1 He had risen to very high rank, and
1 While Roger de Mortimer was Viceroy for Ulster, Connaught, and Meath
William le Scrope, the Royal Chamberlain, was nominated Justiciary for
Leinster, Munster, and Uriel or Louth. The enrolment on the Patent Roll of
England, 20 Richard II., pt. i. m. 16, is as follows : —
' De Locum-tenente terre Regis Hibernie constituto. — Rex omnibus at quos,
&c. salutem : Licet per literas nostras constituerimus delectum ac fidelem con-
sanguineum nostrum Rogerum de Mortuo Mari, comitem Marchie et Ultonie,
Locum nostrum tenentem in partibus Ultonie, Connacie et Midie, in terra
nostra Hibernie, usque ad festum Pasche proximum futurum ; et per alias
literas nostras patentes constituerimus dilectum et fidelem nostrum Willielmum
Lescrop, Camerarium nostrum Hibernie, Justiciarium nostrum in partibus
Lageuie, Momonie et Urielis, similiter usque at terminum predictum, prout
in literis nostris predictis plenius continetur. Volumus tamen, et intencionis
nostrse existit, quod omnia et singula carte, litere patentes et brevia nostra,
cujuscunque nature existant, que nomine et stilo nostris sub magno sigillo
nostro terre nostre predicte, in absencia nostra, durante termino predicto,
transire coutigerit, sub solo testimonio predicti comitis ut Locum nostrum
tenentis, in terra nostra Hibernie, sub istis verbis : Teste Rogero de Mortuo
Mari, Comite Marchie et Ultonie, Locum nostrum tenente in terra nostra
Hibernie, de tempore in tempus sigillentur et consignentur, ac si et adeo plene
sicut temporibus Loca-tenentium tocius terre predicta ante hec tempora fieri
consuevit ; solida potestate eidem Willielmo ut Justiciario nostro in dictis
partibus Lageuie, Momonie et Urielis, per nos attributa non obstante. Et
hoc omnibus quorum interest innotescimus per presentes. In cujus, &c.
Teste Rege, apud Westmonasterium, xxvj. die Septembris. Per ipsum
Regem.'
On the Patent Roll of Ireland, 18 Rich. II. m. 25 is an order bearing date
November 18, 1395, for the payment of Sir William Le Scrope as Constable of
Dublin Castle.*
The Earldom of Wilts was conferred on Sir William le Scrope by Letters Le Scrope
Patent in 1397. The limitation was to him and to his heirs male. The Earl of
patent was attested by the Dukes of Lancaster and York, Princes of the blood, Wilts.
Gilbert's Viceroys of Ireland, p. 559.
70
EEIGN OF RICHARD II.
CHAP.
IV.
Entreaty
of Lady
Le Scrope.
Chancellor
Arch-
bishop of
Dublin.
filled several important offices in a most able and satisfac-
tory manner. Le Scrope had been Governor of Cher-
bourg, Seneschal of Aquitaine, Justice of North Wales,
and one of the Ambassadors who had arranged the con-
tract of marriage between Richard of England with Isabel
of France. His conduct, at first, in Ireland appears to
have been harsh and oppressive towards the English under
his control. Probably he discovered they, in their turn,
were too exacting and extortionate towards the native
Irish, and wished them to feel the severity of their prac-
tices. At the earnest entreaty of his wife1 he changed
the objectionable practices, accomplished her wishes, re-
covered the good opinion he was in danger of losing, and
the result was, he ' enriched the country, continued a
plentiful house, granted so charitably and discreetly re-
mission of fines, remedies for persons endangered to
the King, pardons of lands and lives, that his name
was never uttered among them without many blessings
and prayers.'2
Having been for nine years Bishop of Ossory, on the
death of Archbishop Waldby, in 1376, Dr. Northalis was
promoted to the Archdiocese of Dublin. While in this
high station he obtained for himself and his successor the
and by the Earl of Northumberland, one of the most powerful nobles of
England. Le Scrope was recognised as Earl of Wiltshire. Hot. Parl. iii. and
in Statute Book, 21 Rich. II.
When Simon Thomas Scrope, Esq., of Dauby, Bedale, Yorkshire, in 1866,
claimed the title, he showed clearly he was heir male of William Earl of Wilts,
and claimed the peerage. His claim was referred to a Parliamentary Committee
of the Lords ; but, unfortunately, only one Law Lord lived through the time the
case was pending, and though the case seemed free from any difficulty as to
the descent of the claimant, the claim was resisted on two grounds : 1st, that
the patent was invalid ; 2nd, attainder might be inferred. A very able article
in the Law Mag. and Review, No. liv. pp. 228 to 264, discusses the grounds
on which the claim was for the present rejected, and concludes : ' The adverse
opinion proceeded upon most manifest errors of law and fact, and it is a relief
to know that it is not final, and must be reversed.'
1 William le Scrope married a daughter of Sir Maurice Russell. After the
death of the Earl, his widow married, 1st, Thomas de la Rennio ; 2nd, Stephen
Hoghfeld, Esq.
2 Gilbert's Viceroys of Ireland, pp. 276, 277.
RICHAKD NOKTHALIS, CHANCELLOR. 71
more high-sounding than important privilege of the Ad- CHAP,
miralty of Dalkey.1
Lord Chancelor Northalis died in Dublin, on the 20th Death of
July, 1397, and was buried in the Cathedral. Chancellor
At this time the invention of the writ of subpcena Northalis.
brought about a great change in Courts of Equity. The
addition to the old clause Quibusdam artis de causis, was,
Et hoc sub pcena centum librarum nullatenus omittas."* But
the penalty was never sought for. If the party neglected
to appear, he was guilty of contempt of court, and com-
pulsory proceedings instituted against him.3
1 D' Alton's History of the County of Dublin, p. 129. Dalkey is a little Admiralty
island, chiefly rocks, forming the southern point of the Bay of Dublin, and °* Dalkey.
nearly opposite the promontory of Howth. The harbour was formerly used on
state occasions for landing Viceroys. The island is only five hundred yards
long by three hundred broad, so its extent is not very considerable. Great
amusement was formerly taken by the citizens of Dublin in the coronation of
the king of Dalkey, a mock monarch annually appointed by the mirth-loving
citizens, when the royal barge received a salute of twenty-one guns, and a
band played ' God save the King,' who, usually a merry monarch, was sur-
rounded with his courtiers decked out in stars and orders. The monarch's
style runs thus : — ' His facetious Majesty Stephen the First, King of Dalkey,
Emperor of the Muglins, Defender of his own Faith, and respecter of all
others, Sovereign of the Illustrious Order of the Lobster and Perriwinkle.' I
hope the Chancellor's revenues from the Admiralty was more profitable than
those of one of the courtiers of the King, who bore the euphonious title of
Duke of Muglins, Chief Commissioner of the Eevenue. His perquisite was
permission to import ten thousand hogsheads duty free — of salt water.
2 Rot. Pat. 38 Edw. III., Pt. i. m. 15.
s By the recent Chancery (Ireland) Act, 1867, which establishes to a great
extent uniformity of practice and procedure in the Chancery Courts of England
and Ireland, the writ of subpcena to appear to and answer bills of complaint is
abolished. Service on the defendant of the printed Bill and endorsement has
henceforth the same effect as the old writ of subpoena, and, in case of default
of appearance, entitles the plaintiff to the like remedies as hitherto in case of
service of the subpcena.
72
KEIGN OF HENRY IV.
CHAPTEE V.
CHAP.
V.
Birth.
A Carme-
lite fri'-ir.
Career at
Oxford.
Arch-
bishop of
Dublin.
Favours
bestowed
by Richard
II.
Colonisa-
tion.
LIFE OF LORD CHANCELLOR CRANLEY.
THIS distinguished Chancellor was of English birth, borr.
in the year 1337, and rose high in fame and fortune in Ire-
land. Like his immediate predecessor, Chancellor NOR-
THALIS, he took the vows of the Carmelite Order. He was
a diligent student and graduated as Doctor of Divinity in
Oxford University, where he became a Fellow of Merton
College, warden of New College, and Chancellor of the Uni-
versity of Oxford.1 We have, I regret to state, no further
account of him prior to his consecration as Archbishop of
Dublin, which took place on the death of Archbishop
Northalis in 1397, but he did not enter into his diocese
until October 1398, when he accompanied Thomas Holland,
Duke of Surrey, appointed Lord Deputy of the Kingdom.
This nobleman was one of Richard II.'s favourites, whom
he raised from the Earldom of Kent to the Dukedom of
Surrey, he also enriched the Duke with part of the lands
of the Earl of Warwick, and created him Marshal of
England. Articles of agreement made to him by the
King show an intention on the part of Richard II. to
colonise the wasted border lands of Ireland with English
settlers. It was covenanted that, during the Duke's
Viceroyalty, he should have out of every parish in England,
at the cost of the King, a married couple to dwell on the
wasted border lands of the settlement in Ireland.2 As it
does not appear the Viceroyalty of the Duke was of long
duration (for he was beheaded by Henry IV.), and the
kingdom was much disturbed by wars, it is not probable
1 D' Alton's Lives of the Archbishops of Dublin, p. 151.
2 Gilbert's Viceroys of Ireland, p. 279.
ARCHBISHOP CRANLEY, CHANCELLOR. 73
any attempt was made to carry tliis project into execu-
tion.
Dr. CRANLEY was first appointed Lord Chancellor of Lord
Ireland in 1401. l He was one of the council assigned to jor'
Thomas of Lancaster, son of King Henry IV., appointed
Lord Deputy for Ireland in the twelfth year of his age,
and needed wise heads to direct him in the conduct of
State affairs. The Chancellor had previously been em-
ployed abroad, he had letters of protection when leaving
Ireland for the Continent on the King's business, and in
the following year he received a commission licensing License to
J „ . treat with
him to treat with the Irish. This was requisite, other- the Irish.
wise anyone doing so without a commission would be
guilty of violating the Statute of Kilkenny. Being in a
bad state of health in 1402, Thomas de Everdon, keeper
of the Rolls, was appointed his deputy during his ab-
sence.2
Although the Statute of Kilkenny was intended to
prevent any intercourse, social or commercial, between
the English colonists and the native Irish, its provisions
were soon found more hurtful to the former than to the
latter. Accordingly we find constant applications to the
English officials for permission to do acts, notwithstanding
express prohibition contained in the Statute of Kilkenny.
Thus, license to trade with, and make purchases from, the
Irish, to send children to be reared and fostered among
them, that Irish minstrels should be allowed to sojourn
with them, that parleys might be held, &c., all these
showed the inutility of that enactment.
At the death of Richard II., and the accession of Henry English
IV. to the throne, the English government rule in Ire-
land was narrowed to four counties, viz. — Dublin, Meath,
Kildare and Louth, and the rest of the country was almost
entirely under the rule of the Irish chiefs. In their dis-
tricts the Brelion code decided all disputed questions,
obedience to the judgments of the Brehons was strictly
required and enforced, and the habits and mode of living
1 Pat. August 23, 1401. " November 9; H02.
74
REIGN OF HENRY IV.
CHAP.
V.
Eolations
of the Irish
and the
Continent.
Rapacity
of English
officials.
Oppression
of the
people.
of the Irish chiefs was observed even by the English who
dwelt among them. The state of life amongst the abo-
rigines of the country was much more civilised and refined
than is generally supposed. Their close proximity to
Scotland, their constant visits to the Continent, either to
perform pilgrimages, so common in these days, or to visit
foreign countries to exchange civilities with strangers, or
for commercial pursuits, made them a part of the great
European family. This relation was strengthened and
quickened by their connection with Rome, the chief seat
of the head of the Catholic Church, and Irish priests or
students for the Church were constantly passing to and fro
from France, Spain and Italy. We read in the ' Annals of
the Four Masters,' pilgrimages to Rome were of quite as
frequent occurrence in these days as an Italian tour now,
and many chiefs of Irish Clans passed their last days in
the Eternal city.
Meanwhile the state of the English settlement had not
caused the Irish to prefer the rule of the stranger to that
of their own country. The rapacity and insolence of
English officials tended more to repel any desire to
come under their jurisdiction, than cause exertion to
be placed under its control. Many of the judges, and
law officers, were sent hither because they failed to obtain
practice in England, or had bought their offices and
farmed them to others, who only sought to make profit of
them. Commissions of oyer and terminer were constantly
held, and when rapacious men acted in the name of the
King, they took advantage of the constant warfare to set
up claims for the Crown. They made money by holding
prisoners to ransom, baffled the pleas of rival claimants,
appropriated the rents as for the use of the State, and
spent tham as they liked. Men of rank and station,
ecclesiastic or lay, who had become obnoxious to the
officers of the Crown, were often cast into prison until they
were ransomed by large sums. The troops employed to
protect were often more oppressive than those against
whom their aid was sought. They required the house-
ARCHBISHOP CRANLEY, CHANCELLOR. 75
holders on whom they were billeted to pay them weekly CHAP.
money, under the name of coygnes, and they took, without -_ ; _^
payment, provisions for themselves and their horses under
the name of livery.1
With a view of remedying- this state of affairs, King Thomas of
Henry IV., in 1401, appointed his second son, Thomas of viceroy.61
Lancaster, High Steward of England, Viceroy of Ireland,
to receive all the profits of the Crown arising out of Ireland
for the use of himself and his officials. The Prince landed
at Blowyk (Bullock), near Dalkey, about ten miles from
Dublin, on Sunday, November 13, 1402, and on his arrival
in Dublin, his Commission was delivered into Chancery
for enrolment.
A council consisting of Dr. Thomas Cranley, Archbishop Council to
of Dublin, Lord Chancellor of Ireland, Laurence Merbury viceroy. °
the King's Treasurer, Edmond Noon, Antonie St. Quintyn,
and Janico D'Artois, were assigned to assist the young
Viceroy in the government of the kingdom. D'Artois had
considerable experience in Irish affairs, having been in
the Viceregal Court of the Duke of Surrey. He was a
devoted follower of the ill-fated King Richard II., and was
imprisoned at Chester by the adherents of the Duke of
Lancaster for wearing the White Hart, Richard's favourite
badge. The state of the Irish Exchequer was at this
period very low, and it would seem the credit of the State
not very high. Lord Chancellor Cranley, in a memorial
to King Henry IV. from the Council at Le Naas, wrote
as follows : —
' With heavy hearts we testify anew to your Highness The Chau-
that our Lord, your son, is so destitute of money that he i*u™ sto
has not a penny in the world, nor can borrow a single Henry IV.
penny, because all his jewels and his plate that he can Poverty of
spare of those which he must of necessity keep are regal
pledged and be in pawn. Also his soldiers have departed Court-
1 This word is still retained in places where horses are kept under the name
of 'livery' stables; the difference being, in former times no money was paid
for the keep of the horse, ill later days no horse is kept without payment of
money.
76 REIGN OF HENRY IV.
CHAP, from him, and the people of his household are on the
. .' ^ point of leaving, and, however much they might wish to
remain, it is not in our Lord's power to keep together, with
a view to his aid, twenty or a dozen persons with me,
your humble suppliant (Archbishop of Dublin), and your
humble liege Janico, who has paid for your use his very
all, but we will render our entire duty to him so long as
we shall live, as we are bound by our sovereign obligation
to you. And the country is so weakened and impoverished
by the long non-payment as well in the time of our Lord,
your son, as in the time of the other Lieutenants before
him, that the same land can no longer bear such charge,
as they affirm, and on this account have they importuned
me. In good faith, our most Sovereign Lord, it is marvel-
lous that they have borne such a charge so long. Where-
fore we entreat with all the humility and fulness that we
may, that you will please to ordain speedy remedy of these
said dangers and inconveniences, and to hold us excused
also, if any peril or disaster (which may God avert), befall
our Lord, your son, by the said causes. For the more full
declaring of these matters to your Highness, three or two
of us should have come to your high presence ; but such
is the great danger on this side that not one of us dare
depart from the person of our Lord.'
Sir Lau- This shows a very sad state of affairs in Ireland, and I
buryeLord ^° no^ nn<^ *ne King took any active steps to remedy the
Chancel- evils. No doubt the hard living and constant worry to
which he was exposed did not agree with Dr. Craiiley,
for we find the Most Reverend Archbishop and Lord
Chancellor took ill in 1403, and was thereby disabled from
discharging his judicial functions. It was therefore neces-
sary to appoint a deputy, and the Master of the Rolls, Sir
LAURENCE MERBTJRY, was selected to act in that capacity.
Patrick He had the seals until he was succeeded by PATRICK
Barrett BARRETT, Bishop of Ferns, who had the custody of the
Chancellor Great Seal in 1410, and held it for two years, having
been appointed Lord Chancellor.
The office was next filled by THOMAS LE BOTELLER, Lord
THOMAS LE BOTELLER, LORD KEEPER. 7'
Keeper, 1412. He was descended from the great House CHAP.
of Ormond, the chief of which is hereditary Chief Butler
of Ireland. The family of Le Boteller, anglicised Butler, Thomas Le
is of Norman extraction, but settled in Ireland since the *"
days of Henry II. The name appears originally Fitz- Keeper.
waiter, and Theobald Fitzwalter was brother to Hubert, Tj^ fa™'
' _ ' of Boteller.
Archbishop of Canterbury, who, in the reign of King John,
held the Great Seal of England as Lord Chancellor. While
this Prelate held the rank of Chief Justiciary in the reign
of Richard Cceur de Lion, the monks of Canterbury com-
plained to the Pope, that contrary to the Canons of the
Church, their Archbishop, as Justiciary, was a Judge in
causes of blood, and being engaged in secular affairs,
neglected his diocese. This caused a remonstrance from
the Pope, who required the King to remove the Arch-
bishop from all lay appointments, and for the future not
to admit him, or any priest, into any secular office.1
As the Lord Chancellor was the ' Keeper of the King's
Conscience,' most likely the Archbishop regarded it as
not wholly a secular office. The keeping of John's must
have been a sinecure, for he does not seem to have had
any.
The members of this family soon showed such distin-
guishing qualities as lifted them to high places, and in
every age and reign, from the days of Henry II. until
now, we find the Butlers holding posts of dignity and
emolument in Ireland. Our space compels a brief notice
of those connected with the administration of the law.
Theobald, who first assumed the surname of De Boteller
in 1221, was Lord Justice of Ireland in 1227. He had
the able assistance of Ranulf de Glaiiville in forming
o
regulations for the Irish Government, and though the
English laws were limited in operation, were observed
throughout the colony. Edniond, his descendant, was
knighted in London in 1309. In 1312, he was named
Lord Deputy, and administered the Irish Government as
Lord Justice. He was created Earl of Carrick. In a
1 Lord Campbell's Lives of the Lord Chancrllors- of England, vol. i. p. 118.
78
REIGN OF HENKY IV.
CHAP.
V.
Kilkenny
Castle.
Parliament held in 1310, were passed some excellent laws
for the protection of the people and the peace of the
country. The practice of members being paid originated
in England about 1312, l and soon was adopted in Ireland,
where it continued for a long period.
James, the second Earl of Ormond, styled par excellence
the Noble Earl, great-grandson of King Edward I., was
Lord Justice of Ireland, 1359-60, as was also his son.
James, the third Earl, was father of Thomas the Lord
Keeper. This nobleman purchased in 1391 the stately Castle
of Kilkenny, commandingly situated on the river Nore,
from the heirs of Hugh de le Spencer, Earl of Gloucester.
This feudal pile was erected in the commencement of the
thirteenth century, and has been occupied for centuries as
the principal residence of the illustrious House of Ormond.2
John, the sixth Earl of Ormond, was so accomplished and
well-bred, that King Edward IV. is reported to have said,
' if good-breeding and liberal qualities were lost in the
world they might all be found in the Earl of Ormond.'
The history of Ireland bears constant evidence of the
deeds of the Butlers, long the rivals of the Geraldines, but
my space does not warrant referring further save to the
individual pertinent to this work.
THOMAS LE BOTELLEE, was appointed Keeper of the Great
1 Lord Campbell's Lives of the Lord Chancellors of England, vol. i. p. 181.
2 Among the attractions of the noble castle of the Marquis of Ormond at
Kilkenny, is a fine collection of historic portraits. They may be best described
by the poet : —
All the past is bright before me by the magic of the painter,
From the stirring times of Henry to the gloomy Second James,
And the splendour of the present pales before it, and grows fainter,
As I see the men who ruled us, and the old historic names.
And the Tudors and Plautagenets are with me in their glory,
And the men whom Vandyke painted, M'hen ill-fated Charles held sway,
The great men whose names live in our stirring ballad story,
Who are looking from the canvas on the people of to-day.
And there's winsome Mary Stuart, and though fatal shade of sinning
Rests upon the fairest flow'ret that the White Eose gave to earth,
I would keep my youth's allegiance, and believe that one so winning
Was as pure as she was lovely, and as noble as her birt'.i.
THOMAS LE BOTELLER, LORD KEEPER. 79
Seal of Ireland in 1412. At this time indeed the office CHAP,
was more political than judicial. He was more occupied . ,J — >
by military than either political or judicial affairs. The
Lord Deputy being obliged to go into the Counties of
Dublin, Meath, Louth, and Kildare, and Carlow, for the
good government and safety of those parts, to resist Eng-
lish rebels and Irish enemies, and Patrick, Bishop of
Ferns, not being able to leave that diocese, without mani-
fest hazard of the destruction of the inhabitants, it was
agreed by instrument, dated at Kilkenny, May 4, 1412,
that Robert Sutton, Keeper of the Rolls, be appointed
Deputy Chancellor.
Thomas Le Boteller was called Saccach, which signifies Career of
a lame or crippled person, and was the illegitimate son of Le°Botel-
James, third Earl of Ormond, both which blemishes, I ler-
should think, would have prevented him receiving holy
orders ; yet he was Prior of the celebrated monastery of Prior of
Kilmainham, originally possessed by the Knights Templars. iul'n'"d
This priory, on the suppression of the order of Templars,
in 1312, was granted to the Knights of St. John, and as
we have seen, furnished .more than one Chancellor to our
list of the holders of the Irish Great Seal. The Prior Le
Boteller is described as a man of tried courage, and pos-
sessed considerable administrative abilities. He was Chief Lord
Governor of Ireland, Deputy to Thomas, Duke of Lancaster, DePut7'
and careful of the rights of the Church, for a Bill in
Parliament containing these words : — ' This Bill requireth,
that letters patent, obtained by Abbots and Priors, for
discharge of their benefices, from contributing to the
salaries of the Proctors in Parliament, may be repealed,
and that the same Abbots and Proctors shall be hence-
forth contributory.' Having passed the Parliament, when
brought to the Deputy for assent, the Prior Le Boteller
then Deputy, answered : — ' The Governor will be advised,'
consequently the Bill was thrown out.1
The Lives of the Chancellors of Ireland during the
1 Harris Collect.
80
REIGN OF HENRY IV.
CHAP.
V.
Le Botel-
ler resigns
the Great
Seal.
Death,
1419.
Cranley
reappoint-
ed.
Lord
Chancellor
sends a
Deputy to
hold As-
sizes.
Lord
Justice.
The Lord
Chancellor
writes
poetry.
Sir John
Talbot
Viceroy.
earlier reigns, indeed to Queen Elizabeth's time, offer
more matter for description of campaigns by the sword
than the operation of law. When Henry IV. passed away
in the Jerusalem Chamber of the Palace at Westminster,
and when Henry V. ascended the throne, his thoughts
were directed more to military exploits than civil govern-
ment. Le Boteller resigned the Great Seal of Ireland to
Archbishop Cranley on the death of King Henry IV. in
1413, and desirous of sharing the campaign with the
young King, passed into France at the head of 1,600 men.
He died in Normandy 011 August 10, 1419. !
We accordingly find Archbishop CRANLEY again Chan-
cellor. He had been compelled to resign it, as we have
seen, from ill-health. In 1413 the time of the Lord Chan-
cellor was again so occupied by State affairs that he was
obliged to send a deputy to hold the Assizes in his absence,
and John Bermiiigham, second Justice of the Chief Bench,
was assigned for this duty.
At the close of the year the Archbishop was constituted
Lord Justice of Ireland, and, according to the testimony
of Leland, the antiquary, was a poet, for he wrote, says
Leland, ' a neat epistle to the King, in elegant verse, con-
sisting of 106 lines, which I read with great pleasure, and
was at the pains of treasuring up in my memory.' This
epistle was an answer to some complaints made against
the Lord Justice by persons who felt aggrieved by his
administration.2
The condition of the settlement requiring an active
warrior for the Government rather than a peace-loving
Prelate, Sir John Talbot was appointed in 1413. Sir John
Talbot proved an energetic Viceroy. He speedily brought
O'More chieftain of Leix to subjection. He opened up
the country. By his marriage with Maud Neville he
became Lord Furnival. On the departure of Lord Furnival
for England in 1415, that distinguished statesman and
1 Archdal, MOD. Hib. p. 239.
2 Gilbert's Viceroys of Ireland, p. 303. I have not been able to find any
copy of the poem.
THOMAS CRANLEY, CHANCELLOR. 81
warrior had so high an opinion of the prudence and ability CHAP,
of the Chancellor-Archbishop, that he made him Deputy, ^_.. /.. _^
being empowered to do so by his Commission.1 The Chan- Chancel-
cellor diligently discharged the trust confided to him, j^j
which was a most critical one. The English settlement Deputy.
being then torn by dissensions within and encompassed by
enemies without. The peace of England was supposed to Irishmen
be endangered by itinerant ecclesiastics from Ireland, which
caused the Parliament of England to order * for quietness England.
and peace within that kingdom, and for the increase and
filling of the land of Ireland, that all Irishmen and Irish
mendicant clerics, called " chamber-deacons," should by a
fixed day be voided from the realm, upon pain of losing
their goods, and being imprisoned during the royal plea-
sure.' From this penal clause was excepted ' graduates in Excep-
schools, Serjeants and apprentices of the law, professed re-
ligious persons, merchants of good name and their appren-
tices, dwelling at the time in England, and all holding office
in Ireland, were ordered to proceed thither for defence of
the land.'
At this period intercourse between the Irish cities was The
kept up by sea, or through defiles and passes, occupied by ^accessi
on envenomed and oppressed foe, with whom the legisla- ble-
tion of the state forbade coalition or friendship. The
acquired portion of inland country was erected into Eng-
lish palatinates, whose chieftains preferred independent
dominion to the salutary restraints of the law. There Palatine
were no circuits outside the pale for centuries after the
introduction of the English law into Ireland, and the Chan-
cellor's jurisdiction was very limited. Superior Courts alone
offered any encouragement or reward to barristers or soli-
citors, and of these there were but few, while within each
precinct local jurisdictions determined civil causes, and
martial law, guided by palatines or tanists, formed the
criminal code. The spirit and process of English law was English
then confined to the Capital and a narrow portion of the Law con
* . iiiH'd to
pale. A staff of legal functionaries, judges, and law Dublin.
1 Ixut. Chius. in Cane. Hib.
VOL. I. G
82
REIGN OF HENRY V.
CHAP.
V.
Legal pro-
fession in
Ireland.
Equitable
jurisdic-
tion of
Chancery.
Irish Law
Students.
Remon-
strance.
Sir Lau-
rence Mer-
bury
Chancel-
lor.
Cranley
deputed to
officers, had been regularly kept up, and courts constantly
held which employed the few barristers, who expected
after a practice more laborious than lucrative to attain
judicial eminence. The surrounding- palatines, or Irish
chieftains, rendered the active duties of the Common
Bench, or Common Pleas very trifling ; the equitable
jurisdiction of Chancery, which was well-defined in Eng-
land, had, as I have stated, no extensive subject in Ireland
to operate on, and such of the inhabitants as desired to
prepare themselves by legal skill for professional eminence
were obliged to resort to the English Inns of Court, where
the law was cultivated in great perfection.1 When vigorous
steps were taken to cause the Irish in England to return
home, Irish law students, who resorted to England for
their studies, though expressly excepted by the Act, were
denied admission to the Inns of Court.
The obstructions placed in the way of Irish law students
called for the interference of the Irish legislature. ' Your
lieges show that they are governed and ruled by your
laws used in the realm of England, to acquire a knowledge
of which laws, and to be well informed therein, your
lieges have sent able persons of English blood, born in
your land, to the Inns of Court, where from, the time of
the conquests of your land, they have ever been received
until lately. The Governors and Company of the Inns have
refused, and would not receive these persons into the Inns
as they had been accustomed to do. Therefore, may it
please }Tour gracious Lordship to consider this matter and
ordain due remedy, that your laws may continue and not
be forgotten in the land.' 2
The Great Seal of Ireland appears to have been again en-
trusted to Sir Laurence Merbury, considerable complaints
having arisen against Sir John Talbot, for misconduct
during his Viceroyalty. At a Parliament held in 1417,
Archbishop Cranley was deputed to proceed to England,
1 Morrin's Calendar of Patent and Close Rolls, Chancery, Ireland, vol. ii.
preface xxxii.
2 9° Henry V. Vide also Rot. Glaus. Hib. 7° Henry VI.
SIR LAURENCE MERBURY, CHANCELLOR. 83
with a memorial to the King on the state of Ireland. CTIAP.
When the document had been transcribed, the Chan- ^ '_
cellor, Sir Laurence Merbury, wlio perhaps felt that he lay com-
was subjected to censure in this document, refused to befonfthe
authenticate it by affixing the Great Seal. This made King,
matters worse, and a formal complaint was made to the
King, who was requested to oblige the Chancellor to
account for his conduct. The Viceroy was accused of
practising excessive extortions and oppression 011 both lay
and ecclesiastical persons, whose property he unjustly
seized — that he paid no respect to Irish lords, and afforded
protection neither to saint nor sanctuary. In those days
men in authority derived considerable profit from the
ransom of prisoners, and Talbot made many captives with
this object. Among them was Doiiough, son and successor
of Art MacMurragh, King of Leinster, whom he sent to
the Tower of London, with the royal license to take for
his own profit the highest ransom he could obtain for his
freedom.
But the end was drawing nigh. Toward the close of Death of
April 1417, the venerable Archbishop and Ex-Chancellor E?-Chan-
crossed the channel separating Ireland from England, and Cranley.
died at Farringdou, on May 25, at the ripe age of fourscore
years, and not more full of years than honours. His
remains rest in Oxford — in the New College, of which
he was first warden. A monument was erected to his
memory — a fair stone, adorned with brass plates, bearing
the figure of a Bishop clothed in his vestments, over which
the armorials of the See of Dublin are placed, with his
own ; beneath is a suitable inscription. Marleburgh de- Character
scribes Dr. Cranley as ' liberal, fond of alms deeds, a pro- and ap~
" 4 pearance.
found clerk, and doctor of divinity, an excellent preacher,
a great builder, and improver of all such places as fell
'under his care. He was fair, magnificent, of a sanguine
complexion, and tall of stature, so that in his time, it
might be said to him : " Thou art fair beyond the children
of men ; grace is diffused through thy lips because of thy
eloquence." Leland informs us of his high reputation
G 2
84
EEIGN OF HENEY V.
CHAP.
V.
William
Fitz Tho-
mas Lord
Chancellor
1421.
William
Yonge
Lord
Chancel-
lor, 1422.
for his wit and pen, and his capacity for business was
fully proved by his incessant employments under the three
successive monarchs. Had any reports of the decisions he
made as Lord Chancellor reached me, I should have great
pleasure in mentioning his qualities as a judge. The
holders of the Great Seal of Ireland in succession to Arch-
bishop Cranley were WILLIAM FITZ THOMAS, Prior of Kil-
mainham, and WILLIAM YONGE, Archdeacon of Meath —
each held office for but one year, so we pass on to the
career of a member of a most illustrious family, whose
memoir I give at considerable length.
RICHARD TALBOT, CHANCELLOE. 85
CHAPTEE VI.
LIFE OF LORD CHANCELLOR TALBOT FROM HIS BIRTH TO HIS REF0SAL
TO SURRENDER THE GREAT SEAL IN 1-432.
THE infant son of Henry V. became King- of England and CHAP.
Lord of Ireland in 1422. The Talbot influence was then r-^ —
very great in both countries. Sir John Talbot, Lord Accession
Furnival, was high in favour with those in power, and his Henry VI.
brother Richard was Archbishop of Dublin, then confined
to natives of England. A statute of the English Parlia-
ment (the last over which Cardinal Beaufort presided in
the reign of Henry V., A.D. 1417) shows the hostility
with which the English, at that time, regarded the natives
of Ireland. It enacts ' that none of the Irish nation be
elected an Archbishop, Bishop, Abbot, or Prior ; and who-
ever promoted such to these ecclesiastical preferments, or
brought any such Irish rebels to Parliaments, Councils, or
other assemblies among the English, should have all their
temporal estates seized into the King's hands, till they had
paid the fines due for such offence.'
Archbishop Talbot was descended from a house no less Richard
remarkable in the field than in the senate. The name ? d*
of Talbot has ever been distinguished in the annals of Chancel-
England and Ireland, and the subiect of uiv present .
" r Family ot
memoir was a worthy scion of the noble stock. Richard Talbot,
was brother to John Talbot, the renowned warrior whom
King Henry VI. advanced in honours for his martial deeds in
France, and who embodied the triple title of Earl of Shrews-
bury, Waterford, and Wexford. ' When he had completed
1 On the death of his elder brother, Gilbert Talbot, in 1417, and that of his
only child, Ankaretta, in 1422, Sir John Talbot became Lord of Wexford. —
Gilbert's Viceroys, p. 315. And in 1447 had a grant of the Earldom of Water-
ford. He was also Earl of Shrewsbury.
EEIGN OF HENRY VI.
CHAP.
VI.
Richard
Talliot
ordained,
loses the
Primacy.
Arch-
bishop of
Dublin.
Deputy to
Sir John
Talbot,
Ordinance
of Henry
II.
his education as a divinity student, the young priest was
not long unemployed.
In 1407, the Eev. Eichard Talbot was collated to the
Precentorship of Hereford, and in 1416, on the death of
Archbishop Fleming, the vacant mitre of Armagh and
Primacy was designed for him, but it appears that, having
neglected to expedite his confirmation within the allotted
time, another ecclesiastic, Dr. Swain, became Primate in
his place. The disappointment to Dr. Talbot was not
destined to be of long duration. In the following year,
1417, he was appointed Archbishop of Dublin, and this
time he did not lose the mitre by apathy. His consecra-
tion during the year is duly recorded in the White Book
of Christchurch.1
In 1419, the Archbishop was appointed deputy to his
brother, Sir John Talbot, Viceroy of Ireland, who had
procured leave of absence from Ireland. He was soon
called on to act severely against some of the chief nobles
of the colony, and he arrested, at Slane, Sir Christopher
Preston, Lord of Gormanstowii, the Earl of Kildare, and
Sir John Bellew, for holding illegal communication with
the Prior of Kilmainham.
In Preston's possession was found a parchment roll,
on which was engrossed an ordinance of Henry II. pre-
scribing the mode of holding Parliaments in Ireland.2 This
document was in the same year produced before the Lord
Deputy and Council at Trim, and a copy of it ordered to
1 Compiled in the sixteenth century, by Thomas Fitch, sub-prior.
'• The date at which Parliaments were held in Ireland is still a moot point.
In the 'Life and Death of the Irish Parliament,' by the Right Hon. James
Whiteside, now Lord Chief Justice of the Queen's Bench, that able lawyer
states, ' no Parliament was held for one hundred and forty years in Ireland ;'
but he rests this statement entirely on the authority of Sir John Davies and
Lord Coke ; while the Essay on Irish Parliaments, by Dr. Monck Mason,
argues that, ' many of the assertions contained in the celebrated speech of Sir
John Davies are contradicted by recorded facts. It is therefore a document
upon which no historian should rely.' Dr. Mason also says, ' The Modus
Tenendi Parliamenta in Hibernia was sent over to Ireland by Henry II., as a
direction for the regulation of Parliaments there ; that the original roll of the
Irish Modus was seen by Lord Coke, who gives full credit to the earliest
antiquity assigned to it.' — Mason's Efsay on (he Parliaments of Ireland, p. 6.
RICHAED TALBOT, CHANCELLOR. 87
be made, and attested with the Great Seal of Ireland. It CHAP.
VI
is stated the authenticity of the roll found in Preston's _^T_^^
hands has been questioned, but the official copy and ex-
emplification of it was subsequently accepted as an autho-
rity on the subject of which it treats.1
I find a mode of deciding causes by sharper weapons
than are coiitained in the arsenal of the Courts, was in
use in Ireland. In 1420, a judicial combat, or trial by judicial
wager of battle, was fought at Waterford, between two comb;lt-
cousins of the Earl of Ormond, who presided as Judge on
this occasion. It was a bloody duel, for one of the com-
batants was slain, and the other carried wounded to
Kilkenny.2 This mode of ordeal was not in use among
the ancient Irish, but was introduced by the Anglo-
Normans, and remained in force until the beginning of
the present century, when it was abolished by Act of
Parliament.
As a curious instance of the insecurity of these times chief
I may relate that, Adam Veldon, Chief Clerk of the Court ^^
of Chancery, petitioned for the King's aid, as, in a cer- soner.
tain hosting made by the O'Connors and De Berininghams,
upon the liege subjects in the country, he was taken
prisoner and detained until, to his utter ruin, he was
forced to pay ten pounds of silver for his ransom.3 We Anglo
cannot be surprised, in a colonial parliament held before Insh
*• f grievances.
John, the fourth Earl of Ormond, as Viceroy, the usual
statement of grievances was agreed upon to be laid before
the King ; setting forth that the land was for the most part
wasted by Irish enemies and English rebels, and by the
extortions, oppressions, and non-payments of divers lieu-
tenants, their deputies, and other great persons. That invitation
' by default of the due execution of your Highness's laws f°r.alioyal
** > Ifel L.
your land is descended to so great a decline that it will
never be relieved, and your enemies and rebels chastised
without your most sovereign and gracious presence within
1 Gilbert's Viceroys of Ireland, p. 311. - Ibid.
3 Ibid. 312.
88 EEIGN OF HENRY VI.
CHAP, your said land, as it appears to your poor lieges : but the
- - ^ — - same your land and your lieges there, in a short time will
be utterly lost and for ever destroyed, which God forbid.'
They complained of misappropriation of the royal re-
venues — that landholders, artificers, and labourers were
daily departing for England in great numbers, by which
Dutiesper- £he husbandry of the land was much injured ; that the
deputy. ' offices of the Exchequer were held by illiterate persons,
who knew not how to write, and performed their duties
by deputy, some holding several appointments in the same
Court, and extorting heavy fees from the suitors in order
to pay high rents to their principals. It appears that
there was, at this time, considerable unwillingness dis-
played by the Governors of the English Inns of Courts to
admit students from Ireland, which made another item in
this long list of grievances, and they prayed the Governors
and Companies of the Inns of Court might be ordered to
receive persons of good and gentle birth of the English of
Ireland. The memorial concluded with the following
strange petition : —
Singular « Your lieges show, to your most high and Royal
request to
Henry VI. Majesty, that whereas, at the first coming of your most
noble predecessor, King Richard II., to this land, most of
the great chieftains of the Irish nation, that is to say,
MacMurragh, O'JSTeill, O'Brien of Thomond, O'Conner
of Connaught, and divers other Irish, most humbly, and
of their free will, submitted and became liegemen to him
and his heirs, Kings of England, for themselves, their
children, kindred, and people for ever, and at that time
did then liege homage ; and also, for greater surety they
bound themselves, of their own free will, by divers instru-
ments, as appears in various forms, to the most Holy
Father the Pope, and his successors, for the firmly keep-
ing their allegiance, the which instruments remain in
your Treasury of England, as your lieges suppose ; but
since that time the said persons openly became outlaws,
and rebels, and wasted and destroyed your lieges, against
the form promised. Your lieges, therefore, pray that you
RICHARD TALBOT, CHANCELLOR. 89
will write to and inform our Most Holy Father the Pope, CHAP.
by your most gracious letters, the matters and things
aforesaid, with these circumstances, that a crusade be The Pope
made against the Irish enemies, for the relief and salva- ^au- 6
tioii of the land, and of your lieges in that behalf, and in 'horis<>
J . n crusade
perpetual destruction of these enemies, by the aid ot against the
God.' ' Irish-
We do not learn how this humane and pious project was
received by his Most Gracious Majesty, then an infant of a
few years old, or if he entreated his Most Holy Father to
decree a crusade against the wild Irish, for the annals of
the time make no further mention of it. I insert it as
a curious historical document, throwing light upon the
feelings with which the natives were, for a long time,
regarded by the English.
In 1423, Archbishop Talbot was appointed Lord Justice, Talbot
and, in the same year, Lord Chancellor of Ireland.2 In
1424, he was awarded, for his services to the State, a Lord
grant of the revenues of the estates of Matthew St. John, ^^
deceased, which had devolved upon the King by reason of
the minority of the heir, William St. John, together with
the marriage of said ward, and so from heir to heir, until
some one should attain age, and obtain livery of said
estates.
In the previous year, 1423, Edmond de Mortimer, who The Chan-
had loyally served King Henry IV. in his wars in Eng- ^^eg to
land and France, was nominated Viceroy of Ireland, with recognise
an annual allowance of five thousand marks. As such Deputy.
Viceroy, he executed letters patent at Ludlow Castle, ap-
pointing Edward Dantsey, Bishop of Meath, his deputy
in Ireland. This document was produced to the acting
Governor, Archbishop Talbot, in the convent of the Fran-
ciscans at Drogheda ; but he, as Lord Justice and Chan-
cellor, declined to recognise the appointment, which he
considered was illegal, and, on consulting the council,
1 Gilbert's Viceroys of Ireland, pp. 313, 314.
2 Pat. West., May 19, 1423. Sworn July 13, in his palace at St. Sepulchre,
before the Privy Council.
90 EEIGN OF HENRY VI.
CHAP, they also doubted the power of the Viceroy to appoint a
, _ ^ ___ - deputy under his private Seal. A writ was then obtained
Proceed- from Westminster, produced by Sir Thomas Stynt, direct-
* 5 *n» Dantsey to be admitted, whereupon the Lord Justice
Chancellor, fortified by the advice of the Judges held he
was not legally appointed, but for the public service, and
for peace' sake, the Chancellor resigned his office of Lord
The Chan- Justice in favour of the Bishop of Meath. The Viceroy
yields. himself arrived in Ireland in 1424, and entered into
friendly relations with many of the native chiefs, but his
Death of mission of good will was not destined to be of long dura-
1 tion, he died of the plague in January 1425, and Sir
John Talbot, the brother of the Lord Chancellor, became
Viceroy.
A great struggle was going on in England at this
period, to limit the jurisdiction of the Court of Chancery.
It was waged, at one time, during the reign of Henry V.,
when a petition was presented by the House of Commons
to the King, praying ' that no causes should be drawn
thither which mio-ht be determined in the Courts of Com-
o
mon Law.' l It was revived in the reign of Henry VI.,
and if the prayer of the petition was complied with the
country would have lost the benefit derived from the
equitable interference.2 The reply left the Chancellor un-
controlled jurisdiction in cases of Equity.
Chancellor The Chancellor had a Commission of Justice and
prevented <yuar^ian of the peace of the county of Dublin with
going cir- to *
cult. various powers. These occupied his attention, and, in
the ensuing year, prevented his going Circuit whereon he
assigned the Chief Justice, Bray ; and second Justice of
Ireland, Eoger Hawkenshawe, to hold the assizes in his
stead, without the Great Seal, saving, however, the fees
of said Seal.3 In 1426, he reduced' the proxies that were
previously paid by the Prior and Convent of the Holy
Trinity to the Archbishop of Dublin from five marks to
two and a half, which concession was ratified by a Bull of
1 Lord Campbell's Lives of the Lord Chancellors of England, vol. i. p. 322.
z Ibid. p. 331. 3 Rot. in Cane. Hib.
RICHARD TALBOT, CHANCELLOR. !»1
Pope Eugene. As the charges of defending the borders CHAP.
of the pule around Dublin from the incursions of the >_ _ ,J _ -
Wicklow Irish were very burthensome, the Archbishop
had a grant of 401. from the Treasury for paying nien-at-
arms, and archers, horse and foot.1 In April 1426, William
Iv'f TM
Talbot was removed from office, and WILLIAM FITZ THOMAS
appointed Lord Chancellor.2 The Great Seal having been cellor.
held by him for a short time, only three months, his
patent was revoked and SIR EICHAED FITZ EUSTACE ap- Eustace
pointed Lord Chancellor.3 Chancel-
The Archbishop was speedily reappointed Chancellor. lor-
Fitz Eustace was only a month or two Keeper of the Great
Seal when his appointment was revoked and Talbot again
nominated.4 A Parliament was held at Dublin in 1429 A Parlia-
before Sir John Sutton, fourth Baron of Dudley, who had ment"
borne the royal standard at the funeral of Henry V. The
chief object of former Parliaments appears to complain of
the Irish Government, but this was an exception, for this
Parliament despatched Henry Fortesque, Chief Justice of
the King's Bench, and Sir Thomas Strange, to England,
with a memorial under the Great Seal to be presented to
the King. They represented the inroads of the Irish in Beneficent
every part, but against these enemies the Viceroy man-
fully and diligently warred ; burned and destroyed their
corn and houses, broke their castles, cut their woods and
passes, made great slaughter and much impoverished
them ; so that the lieges stood in good rest from the
malice of their foes, and that their persons, corn, houses,
and goods, were well protected. They besought the King
to thank the Lieutenant, ' as he right well deserved, thus
causing him to have the more courage to continue his
good and diligent labours. They begged he might have Remittan-
hasty remittance of his allowance, to enable him to pay ] 3esrtee"j
the people. That, before this time, the land hath stood in
great likeliness of injury by often changing, and the mis-
1 D'Alton's Lives of the Archbishops of Dublin, p. 155.
2 Patent, April 25, 1426. 3 Patent, Sept. 10, 1426.
4 Patent, October 23, 1426. Sworn in January 12, 1427.
92
REIGN OF HENRY VI.
CHAP.
VI.
Com-
plaint to
be dis-
regarded.
Students
to be ad-
mitted to
English
Inns of
Court.
A counter-
statement
forwarded.
Parlia-
mentary
Certifi-
cates.
governance of the Lieutenant and their Deputies,' add-
ing : — ' We beseech you that while we stand well, such
change be not made hereafter, for fear of peril of losing the
lands as it has been of late.' That as false accusations,
and reports, had been lately made to the King and
Council in England respecting the Irish State officials,
the Parliament prayed such reports, which caused great
hinderances, and heaviness, might not be received, but
that these propagators should be obliged to find sufficient
surety to abide by their statements, which should be
examined by the Parliament, or Great Council in Ireland,
and the result certified thence under the Great Seal. They
complained, that divers clerics, merchants, and other
honest persons of the King's land in Ireland, had been
robbed, beaten, and imprisoned while travelling from
Chester to Coventry, Oxford, and London, and they re-
quested that the liege people might be admitted to study
in the Inns of Court, in England, as in former times, for
that, otherwise, after the death of the existing lawyers,
none would be found in Ireland acquainted with the laws
of England.
A counter- statement was sent to the King anonymously,
without the knowledge of the Viceroy or the Council.
It asserted the disasters which had befallen the land,
were the fruit of the misconduct of the nobles, and gentry,
who incited the Irish and disloyal English to perpetrate
burnings and other enormities, and refused to march with
the Viceroy against the enemies, though summoned by
royal writs. The suggestion of not changing the Viceroy,
they declared an illegal effort to circumscribe the power
of the Crown, and that the settlement was never in so pre-
carious condition as at that time. It was contended, the
sole prerogative of the King was 'to deal with complaints
against Viceroys, and, as for parliamentary certificates of
their conduct, no reliance could be placed on such cer-
tificates, because the nobles and great men of the settle-
ment filled the Parliament with their own nominees, who
had little regard for the welfare of Monarch or subject.
KICHAKD TALBOT, CHANCELLOit. 9o
That while the Earl of Orraond deserved thanks for CHAP.
some service, he was then pursuing courses destructive ^_ / _^
to the English, that hasty payment to the Viceroy was
then impossible, in consequence of the many subsidies
and loans which had already been contributed by the
lieges.
The receipt of two such contradictory memorials must The
have been extremely perplexing to the King of England, statement
He transmitted a copy of the latter to Sir John Sutton, SPnt to the
Viceroy.
his Viceroy, and that nobleman endeavoured to ascertain
from whom these complaints emanated. Sir John pro- Tlie
duced these articles before the Chancellor, and other and GWn-
members of the Council at Drogheda, in April 1429, and ^
they being read, the Chancellor asked the members, indi-
vidually, ' whether they were cognisant of or participators
in the compilation and transmission of the documents ? '
Each returned a negative answer, the Chancellor was
interrogated in turn by the Viceroy, and he, too, replied,
he * had no knowledge of the document.' Sir John Sutton
then directed the enrolment of the whole affair, and sent
a copy of the enrolment to the King, with a declaration,
that his Council in Ireland repudiated any attempt to
deceive his Highness.
The contention between Chancellors and other ma a1-
o
nates was not confined to Ireland. The rivalry between
the English Chancellor, Cardinal Beaufort, and Humphry
Duke of Gloucester, the Protector, created serious riots in
London in October 1425, and articles of impeachment
were exhibited by the Duke against the Chancellor.1
Whether Archbishop Talbot considered the Primate, in feeling
Dr. Swain, had supplanted him, in respect to the See of !ftwreni
Armagh I cannot say, but a very hostile feeling prevailed bishops.
between the Archbishop of Dublin and the Primate of all
Ireland.
In D'Alton's Memoir of Dr. Talbot, we read : — ' In
1429, John Swain, Archbishop of Armagh, having been
summoned to appear in a Parliament held in the province
1 Lord Campbell's Chancellors of England, vol. i. j-. 3o6.
94
REIGN OF HENRY VI.
CHAP.
VI.
Question
of prece-
dence.
Serious
charge
against
Talbot.
Reluctant
to resign.
Refuses
the Great
Seal
to his suc-
cessor.
of Leinster, made return that he could not personally
attend without violation of his oath, taken at his conse-
cration, to defend the rights of the See, and that he was
impeded by the contradiction and rebellion of the Arch-
bishop and Clergy of Dublin, on the articles of bearing
his Cross, and asserting his Priniatial Jurisdiction in the
Province of Leinster.' l
For many years a question of precedency was in
dispute between the Prelates of Armagh and Dublin,
which, however, was ultimately decided in favour of
Armagh.
A more serious charge, however, at least one involving
more penal consequences to the Chancellor Archbishop,
was made in this year. Talbot had a Royal mandate,
reciting, that the King was led to understand that divers
of his Irish subjects, arrayed in arms, held unlawful meet-
ings, and traversed the country from place to place,
causing injury to the King, and his liege subjects, all
which evil doings the Archbishop of Dublin was alleged
to aid and abet ; he was therefore commanded forthwith
to put a stop to such meetings, and without fail to
appear before the King and Privy Council at an early
day, to answer such matters as might be charged against
him.2
It is hardly within my province to trace the ecclesi-
astical changes which the Archbishop promoted, and
which are duly recorded in D'Alton's work.3 He was
about being superseded, but evidently was reluctant to
part with the office of Lord Chancellor. It is related
that, in 1432, Thomas Chase, who had been appointed his
successor, presented his letters patent in the presence of
Sir Christopher Plunkett, the Lord Deputy, in the Chapter
room of the house of the Dominicans, and required the
Archbishop to deliver up the Great Seal, the Archbishop
took exception to the letters patent, which he contended,
1 D'Alton's Lives of the Archbishops of Dublin. 2 Ibid. p. loo.
3 Ibid. pp. 15.5-6-7.
RICHARD TALBOT, CHANCELLOR. 95
did not sufficiently substantiate such an intention, and CHAP,
declined giving the same, but consigned the Seal to the ,- -
custody of the Lord Deputy, until the King's will should
be better ascertained, and Talbot was allowed to remain ior.
Chancellor.
96 KEIGN OF HENEY VI.
CHAPTER VII.
LIFE OF LORD CHANCELLOR TALBOX CONTINUED.
CHAP. AT this time (1435) the state of Ireland caused the Privy
— r-' — • Council of Ireland to address the King. Their address
s|ate was presented by the Viceroy, Sir Thomas Stanley, who
was then proceeding to England to seek payment for the
arrears of his pay, due by the Crown. The limits within
which the English laws were acknowledged may be judged
from the document : —
English ' First, that it please our Sovereign Lord graciously to
rule con- COnsider how this land of Ireland is well nigh destroyed
linpu. to •'
narrow and inhabited with his enemies and rebels, in so much
that there is not left in the nether parts of the counties of
Dublin, Meath, Louth, and Kildare, that join together, out
of subjection of the said enemies and rebels, scarcely
thirty miles in length and twenty miles in breadth, as a
man may surely ride or go, in the said counties, to answer
to the King's writs and to his commandments.'
Viceroy The memorial then describes the outer parts of the said
solicits the j ^ ^ ke so destroved and oppressed with enemies and
Kings pre-
sence in rebels, that the few liege people dwelling in them be not
sufficient to victual the cities of Waterford, Cork, and
Limerick, nor the walled towns, whereby the said cities
and walled towns are on the point to be famished. They
propose to the King a remedy which has not often been
tried for Irish discontents, * That they, without displeasure
of him, much desire his presence at this time into his
land, the which would be a principal remedy of all the
mischiefs and matters aforesaid, and sovereign comfort of
his people, and final rebuke of their enemies, that God
grant them to see in haste.'
RICHARD TALBOT, CHANCELLOR. 97
They attributed the decline of the remote parts of the CHAP,
country, ' because during- thirty years past the Lieutenants . vn'_.
and other Governors only made visits for a sudden journey Short
or a hosting, and made no residence among the people LordLieu-
there, to punish the rebels by the King's laws.' tenants.
They made also a good suggestion, ' That the King Cruisers
should ordain that the Admiral of England should, in reciiured-
O
summer season, visit the Coasts of Ireland, to protect the
merchants from the Scots, Bretons, and Spaniards, who
came hither with their ships stuffed with men of war, in
great numbers, seizing the merchants of Ireland, Wales,
and England, and holding them to ransom."
During the absence of Sir Thomas Stanley, in 1436, Talbot
the Government of Ireland was intrusted to the care of j^ce in
Archbishop Talbot, who was repeatedly appointed Lord 143G-
Justice in the absence of the Lord Deputy, when the exi-
gencies of State recalled that high functionary to England.
This most urgent remonstrance was unheeded, and affairs
in the English colony grew from bad to worse. At a Parlia-
ment held in Dublin in 1441, before the Earl of Ormond,
acting as Deputy to Sir Leon de Welles, sixth Baron of Taibot
Welles, Archbishop Talbot and John White, Abbot of St. deputed by
Mary's, Dublin, were delegated to request King Henry VI. to t^Khg*
provide regular pay for the troops; that in ordinary cases HeD17VI-
persons should not be summoned from Ireland to England ;
that the Government of Ireland should be committed to
'some mighty English lord; and that the privilege of Creation
creating temporal Peers, of which there were but few, of Peers,
might be conferred upon the Viceroy for the time being.'
This last request, however, the King peremptorily de- This re-
clined, stating he would reserve to himself the creation of fused b^
T> -i .LI JT r-T'ii the King.
.Peers ; and that the names of eligible persons should be
certified to him.
The Archbishop, who is stated to have been the rival of
the Earl of Ormond, took advantage of this opportunity
to inform King Henry of the necessity of removing
Ormond from the Government of Ireland. He said : —
1 Gilbert's Viceroys of Ireland, p. 333.
VOL. I. H
98 REIGN OF HENRY VI.
CHAP. ' Please your Highness,
.
' If it had been seen good and profitable for yon, and
Ex-chan- for your laud, to have had the Earl of Ormond your Lieu-
Talbot's tenant, he should be named at the Parliament ; giving
speech. yOU to understand that they all, both Lords Spiritual and
Temporal, and Commons there assembled, considered in
their wisdom that it was most expedient to your Sovereign
Lord to have for your Lieutenant there a Lord of the birth
of this your noble realm (of England) to whom your people
show more favour, and obey, than to any man of that
foi-aSrefer- (Irisn) land's birth. For men of this realm keep better
ring an justice, execute your laws, and favour more your common
Viceroy. people, and ever have done before this time, better than
ever did any man of that land, or ever is like to do.
Qualifica- And, please your Highness to consider how it behoveth,
.. /» ~ J~ •/ O
Lord Lieu- that he that should be your Lieutenant there, be a mighty
tenant, courageous and laborious man, to keep the field, and to
make resistance against your enemies, in comfort and
support of your true liege people there, and none of these
The Earl be seen nor found in the Earl, for both he is aged, uii-
ofOrmond. wieldy? and uiilusty to labour, for he hath, for lack of
labour, lost in substance all his castles, towns, and lord-
ships, that he had within your land ; wherefore, it is not
likely that he should conquer, nor get any grounds to you,
Sovereign Lord, that hath thus lost his own. Moreover,
please you to know, that at divers Parliaments, when the
Earl hath had rule there, he hath ordained and made Irish-
men, and grooms, and pages of his household, Knights of
the Shire, the which would not in anywise assent to
good rule, nor to do anything that should profit and avail
to you, Sovereign Lord; and also hath suffered divers
Lords, Spiritual and Temporal, to absent them from Par-
liament, therefore taking of them great fines, to his sin-
gular avail there, as the profit should be yours. At the
departure of Lord Welles, the substance of the Gentles
and Commons desired that the Earl should in nowise be
his Deputy, because of great rigour and breaking of peace,
and this thev dread him to do, like as he has done before ;
V
RICHARD TALBOT, CHANCELLOR. 90
whereupon, at last, he was bound by indentures tripartite, CHAP.
to keep the peace and be of good rule during- the time t '—
that he was Deputy to the said Lieutenant.'
Having mentioned the names of preceding Viceroys — Asks for a
Lord Welles, Lord Dudley, and Sir Thomas Stanley, who, s;on-
with Thorndon, the Treasurer, and other State officials,
could, if summoned, give evidence of the Earl's misgovern-
ment; the Ex-chancellor concluded: 'Also, please your
Highness, the premises considered, to discharge the Earl
of the office of Lieutenant, and to direct a Commission to
certain Commissioners, to enquire within your land of
the matter comprised in the articles, and of the rule and
governance that the Earl hath been of in the time that
he hath stood Lieutenant there, heretofore over the
which is rehearsed above, and thereupon to certify you
by writing, under your Great Seal, of that which they
find by such inquisition, and so you may have clear
knowledge, whether it be for your profit and avail, for the
ease and welfare of your l&ud, that the Earl be your
Lieutenant there or not. And the Earl must be dis- The
charged before that the said inquisition be taken, for he i^ first
hath so rigorously treated your poor people of your land removed,
before this time, that they dare not say the truth while
that he standeth your Lieutenant there.'
These representations had not power to cause the Earl
loss of favour with the King, for we find him appointed
Lieutenant in 1442 ; but, in the August of that year, he
was summoned to attend the Privy Council in London, so
we may fairly conclude the complaint produced some
effect. The Treasurer, Giles Thorndon, was required to
state, on oath, who were the fittest, most indifferent, and
impartial persons in Ireland, to be employed as Govern-
ment officials, which he did according to his judgment.
The result of the inquiry showed both the Earl of Ormond
and his accusers merited censure. The Earl's profits as Both
Viceroy were much diminished, and both he and the Arch- ^lcer°y
J . and Arch-
bishop were lectured by the Council. The account of a bishop
careful Irish historian relates that having been summoned lecture
H 2
100
REIGN OF HENRY VI.
CHAP.
VII.
All in the
wrong.
Evils of
changes
of Lord
Lieu-
tenant.
The
Judges.
Expendi-
ture.
Absentee
tax.
Thomas
Cbase
LordChan-
cellor,
20th
Henry VI.
to attend ' to hear what should be said unto them,' the
Treasurer declared, ' That, for some time past, justice
could not be obtained by the subjects in Ireland, in any
matter affecting- the interests of the Earl of Ormond and
his followers on. one part, or those of Sir John Talbot
and his brother, the Archbishop, on the other ; but that
discord, partiality, and division prevailed both in the
Kind's Council and all his Courts there.' l
o
The Council, in very explicit terms, informed both the
Viceroy and Archbishop, that their dissension was the
cause of the divisions and troubles to the liege people of
Ireland, and the King was determined such discord should
cease.
According to the evidence of Thorndon, the constant
changes of Governors had an injurious effect upon legal
proceedings. He stated that the Officers of the Exche-
quer, and other Courts, dared not proceed to recover the
King's debts, from dread of being ejected from office at
every change of Governor. That the Chief Baron of the
Exchequer ought to be a sufficient learned man of law, and
that he, as well as other legal officers, should discharge
their duties personally, as great injuries had been caused
by appointing deputies. That large annuities and pardons
for debts had been illegally granted by the Governors,
and that the annual expenses of the Viceroy and his
officers exceeded all the revenues of Ireland for that year
by 1,456Z. He called attention to the ordinance 'that
men born in Ireland should go home, and live in the
same land, or else pay to the King a certain sum of
money.'
At this period the Office of Lord Chancellor was filled
by THOMAS CHASE, whose patent bears date 20 Henry VI.
This was the same who, ten years before, had been ap-
pointed to succeed the Archbishop, but he then refused to
admit the sufficiency of Chase's appointment, and delivered
the Seal to the Lord Deputy instead.
In 1443, on the death of the Archbishop of Armagh, the
1 Gilbert's Vicuroj-s, p. 3-11.
EICHAED TALBOT, CHANCELLOR. 101
Dean and Chapter of that See, so far from resenting the CHAP.
VII
various efforts which Archbishop Talbot had made to lord . _ _J _ -
it over them in the matter of the Primacy, elected him Talbot
Archbishop, but on his declining that dignity it was con-
ferred upon John Mey. Probablv he felt reluctant to Bishop of
.. i-i " si ' i -i i i i 1-Ti Armagh.
leave the Capital, where he appears to have been highly ^ ,.
esteemed, and in 1445, he was, for the fourth time, Lord
Deputy of Ireland ; and in 1447, strange to relate, deputy
to the Viceroy, Earl of Ormond. This nobleman was Writes on
mistaken if he imagined he could keep the Archbishop of6^11868
quiet by appointing him deputy, for we find he then com- Viceroy.
posed a work, intitled ' De abusu regiminis Jacobi Comitis
Ormonise, dum esset locumteiiens Hibernise.' The Lord Orm°nd
Treasurer, Giles Thorndon, also wielded a pen against the High
Viceroy, and Thomas Fitz Thomas, Prior of Kilmainham, 'Ireason-
probably under the influence of the Archbishop and Lord
Treasurer, went to England to accuse him of high treason.
These were days when men might legally fight duels, Wager of
and wager of battle offered by Thomas Fitz Thomas, battle-
Prior of Kilmainham, was accepted by Ormond. The lists
were prepared at Smithfield, London, the usual theatre
of such rencontres, and the combatants prepared for the
struggle. The Earl was placed in charge of the Duke of
Exeter, Constable of the Tower. He was sworn to appear
when summoned before the Council, and not to go more
than forty miles outside London, except he wished to per-
form a pilgrimage to the shrine of St. Thomas a Becket,
at Canterbury, who was claimed by the house of Ormond
as the family saint. His lordship was subsequently
allowed to lodge near Smithfield for his breathing and
~ o
ease against the day of battle.1
If the description given of the Earl the year before by
the Ex-chancellor was correct, ' that he was aged, un-
wieldy, and unlusty to labour,'2 he could not have proved
1 Tide Letter of Jordan, Bishop of Cloyne and Cork. Ware, p. 323.
2 This statement must have been untrue, or at least exaggerated. This
nobleman, called the ' White Earl,' was a distinguished knight, also a proficient
in the laws of heraldry and chivalry, and much attached to learning. At his
request King Henry V. appointed a King-at-arms for Ireland.
102 REIGN OF HENRY VI.
CHAP, a very formidable foe. The valiant Prior, in the mean-
time, was in the training of Giles Thoriidon, the Treasurer,
The Prior another bitter enemy of the Earl, and was equipped with
the com- armour and provided with attendants at the King's ex-
pense. As his previous life gave him no opportunity of
practising the use of arms, he had now to take lessons ;
and one Philip Trehere, who practised the uncongenial
pursuits of fishmonger and professed swordsman, was also,
at the royal cost, employed to instruct the Prior in ' certain
points of arms.'
The day On the appointed day Smithfield was a scene of bustle,
for the whole tide of population of famous London town
was flowing in that direction. The news that a wager of
battle was to be decided in the presence of the King,
the combatants being two Irishmen, one an Earl, the
other a Prior, no doubt lent an additional interest to the
coming event. Though the display of deeds of arms was
much more common then than now, and combats of
knights, either singly or in the grand spectacle of the tour-
nament, were of frequent occurrence, there was something
so novel in the present combat, that everyone, high or
low, from gentle knights to humble burgess, crowded the
lists. All at Smithfield was in due order, the iiiclosure
prepared for the conflict was levelled and smoothed with
care, fenced from the pressure of the expectant crowd, and
a throne erected for the King, with seats in his vicinity
for the nobles and other persons of distinction.
The hour The hour named for the combat had conie, but no
had come, monarc]1 sat as President on the vacant throne : no
tut not the
men. knights ; no heralds made proclamation ; no one appeared
in the lists. Men looked at one another enquiringly, and
speculated on the absence of the chief performers in the
The expected tragedy. At length a solitary herald appeared
forbids to announce ' that Holy Church would not permit the
the fight, scandal of one of her Ministers using carnal weapon to
destroy his Christian brother, and there would be no passage
of arms.' The disappointment was very great, and having
given vent to their injured feelings, the crowd dispersed.
RICHARD TALBOT, CHANCELLOR. 103
The ecclesiastical authorities, struck with the impro- CHAP.
VII
prieties of a Churchman fighting a duel, induced the King v.
to withdraw his sanction and to take the decision of their The King
differences into his own hands. Upon investigation,
Henry acquitted the Earl, declared that the charges
originated in envy and malice, and issued letters patent
setting forth that ' the Earl was faithful in his allegiance,
meritorious in his services, whole and unspotted in his
fame, that none should on pain of royal indignation
revive the accusations, or reproach his conduct ; and that
his arraigners were men of no credit, nor should their
testimony be admitted in any case.' Seeing that Arch- Talbot
bishop Talbot, then Lord Deputy, was one of those who i^kJ[ *
were most active in reproaching the conduct of the Earl,
this was a smart rebuke to him, and was followed by the
Royal mandate, commanding him to attest officially writs
declaring the innocence of Ormond, and send them for
public proclamation to the cities and towns of Ireland.1
The fate of the bellicose Prior may be a warning to The fate of
sacerdotal combatants. He was deprived of his office of jitel^or
Prior of Kilmainham by the Visitor- General of the Hos-
pitallers, not on account of his martial propensities, but
for allowing the buildings of this beautiful Priory to
become dilapidated through avarice. He did not expend
sufficient money to prevent decay. He appears to have
been a most unscrupulous man. His successor represented His mis-
to Parliament that \vhen deposed, Fitz Thomas broke open
the box in which the official seal of the Priory was kept,
took it away, and therewith sealed several grants, which
were of course illegal and void.
The power of the State was then constantly fluctuating Sir John
between the rival houses of Ormond and Talbot — one year '^
in the hands of one party, the next in the other. In 1446, Viceroy.
Sir John Talbot, then Earl of Shrewsbury (brother of the
Archbishop) in his seventy- third year, was again appointed
Viceroy of Ireland. He was accompanied by a body of
English troops, and soon was actively employed in pro-
1 Gilbert's Viceroys, p. 347.
104
KEIGN OF HENRY VI.
CHAP.
VII.
Shaving
Statute.
Use of gilt
horse trap-
pings
restricted.
Death of
Arch-
bishop
Talbot.
Buried.
tecting the borders of tlie colony from the inroads of the
Irish. In 1447, Talbot was granted the Earldom of Water-
ford and Barony of Duiigarvan. In this year was held
the Parliament at Trim, wherein was enacted the statute,
' that those who would be taken for Englishmen should
not wear a beard upon the upper lip ; that the said lip
should be shaved once at least in every two weeks, and
that offenders therein should be treated as Irish enemies.'
An Act was also passed restraining display in horse ac-
coutrements. ' No man,' says the statute, ' shall be so
hardy henceforth as to use any gilt bridles, peytrells, or
any other gilt harness, in no place, in said land, except
knights and prelates of Holy Church.'
On the retirement of Sir John Talbot from the Vice-
royalty, in 1447, the Archbishop was again appointed
Governor, and distinguished himself by his efforts to keep
the colony free from English rebels and Irish enemies.
The days of Archbishop Talbot were drawing to a close
during the summer of 1449. He had worn the mitre of
Dublin for the long period of thirty-two years, and filled
the exalted station of Lord Chancellor of Ireland for a
considerable time. He had borne no small share of the
yoke of Irish government, and was Privy Councillor during
the reigns of Henry V. and VI. But all is vanity, and no
titles or dignities could avert the death stroke when the
hour which awaits all mortals arrived. He died on the
15th August, 1449, and was buried in St. Patrick's Cathe-
dral. A marble monument with his figure in brass, mitre
on head and crozier in hand, was raised in his honour with
a suitable inscription.
LIFE OF EDMUND PLANTAGENET. 105
CHAPTEE VIII.
OF THE CHANCELLORS OF IRELAND DURING TIIE WARS
OF THE ROSES.
THE Wars of the Roses, which deluged England with CHAP,
the blood of the nobles h and bravest of her sons, involved r—
Ireland to a very considerable extent. Henry VI. iiomi- The Wars
iiated successive Chancellors for Ireland since the time Roses.
Archbishop Talbot held the Seals. Master THOMAS CHASE ! Successive
was appointed Lord Chancellor in 1441. He held office lorg°(
for five years, and was succeeded by an ecclesiastic named
RICHARD WOGAN 2 in 1446, who held the Seal when Richard
Duke of York became Viceroy of Ireland ; William Chevers
was his deputy or Vice-Chaiicellor. Ireland has had so
little of the sunshine of Royal favour, and the career of
the Duke of York as Viceroy was so exceedingly creditable
to his memory, I very willingly devote more space to the
life of his son, the Earl of Rutland, infant Chancellor of
Ireland (who, of course, was Chancellor only in name),
than otherwise I would feel justified in doing.
EDMUND PLANTAGENET, Earl of Rutland, Lord Chancellor Edmund
of Ireland, descended paternally from Edward of Langley, net Lord"
youngest son of King Edward II. He was born at Rouen Cimucel-
in the year 1443, and besides his English, had an Irish
•* Born m
title — Earl of Cork. His father was Richard Duke of York ; Rouen,
and his mother, Lady Cecilia Neville, daughter of Ralph in l
Neville, Earl of Westmoreland. From this lady's extreme
beauty she was generally called ' the Rose of Raby,' and
two of her sons ascended to the throne under the titles of
Edward IV. and Richard III.
In 1449, Richard Duke of York was appointed Viceroy
1 Pat. 1441, Eot. Cl. 20 Henry VL C. R. 24. 2 Pat. 1446.
106
REIGN OF HENRY VI.
CHAP.
VIII.
Duke of
York
Viceroy,
A.D. 1449.
Peaceful
relations.
Duke of
Clarence
Lorn.
Sponsors.
The Duke
beloved.
Discontent
at the
Duke's
absence.
of Ireland, and, accompanied by the Duchess and his
children, landed at Howth (for many centuries the chief
port of Dublin) on the 14th of July of that year. He gave
early indications of a better policy towards the Irish than
was usually observed. Instead of attacking the native
chiefs, as was the usual practice of lately appointed
deputies to show their activity, the Duke employed the
arts of peace, and soon contracted most friendly relations
with Maginnis of Iveagh, MacMahon of Farney, Mac-
Artan, O'Reilly, and other Irish noblemen. He brought
the turbulent Wicklow clan of O'Byrne to subjection.
This chief engaged to permit the laws of England to be
observed in his district ; that he, his wife, and family
should wear the English dress and learn the English lan-
guage. The reputation for gentle ruling which the Duke
gained, in a short time caused the popular belief ' that
the wildest Irishman in Ireland would, before twelve
months, be sworn English.' On the birth of his son,
George of York, Duke of Clarence, in Dublin Castle, on
October 12, 1449, the policy of the Viceroy was mani-
fested ; for, knowing the tie of gossipred was regarded
as very binding in Ireland, he procured the chiefs of the
rival families — Geraldine of Desmond and Butler of Or-
mond — to be the sponsors at the font.
This politic and propitiatory conduct of the Duke of
York succeeded in endearing himself and his family, not
only to the English in Ireland, but also to the natives,
ever grateful for kindness. Meantime the great party
who regarded him as their head in England were dis-
satisfied at his absence, and looked on his protracted stay
in Ireland as though it were an exile, if not banishment.
The surrender of Caen to the French, despite the remon-
strance of the Governor of that town, Sir Davy Hall, who
was appointed by its English owner, the Duke of York,
also much displeased the Yorkists. The rebellion of Jack
Cade, and more especially the nonpayment of the vice-
regal allowance, caused very serious embarrassment to the
Lord Lieutenant of Ireland. Some English rebels and
LIFE OF EDMUND PLANTAGENET. 107
Irish enemies taking advantage of the state of affairs, and CHAP.
the few men at the Viceroy's disposal, attacked his Meath -_VIIL .
estates, burned Rathniore and some adjacent villages, and
caused him to send an urgent letter to the King as well
as to his brother-in-law, the Earl of Salisbury, requesting His urgent
prompt assistance. In this letter he says, ' I write at this ^e Earl of
time unto the King's Highness, and beseech his good grace Salisbury.
for to hasten my payment for this land, according to his
letters of warrant, and late directed unto the Treasurer
of England, to the intent I may wage men in sufficient
number, for to resist the malice of the same enemies, and
punish them in such wise, that other which would do the
same, for lack of resistance in time, may take example ;
for doubtless, but if my payment be not had in haste, for
to have men of war in defence and safeguard of this land,
iny power cannot stretch to keep it in the King's obeisance.
And very necessity will compel me to come into England
to live there upon my poor livelihood, for I had liever be
dead than any inconvenience should fall thereunto in my
default; for it shall never be chronicled, nor remain in
scripture by the grace of God, that Ireland was lost by
my negligence. Therefore I beseech you, right worshipful
brother, that you will hold to your hands instantly, that
any payment may be had at this time in eschewing all
inconveniences, for I have example in other places, more
pity it is for to dread shame, and for to acquit niy truth
unto the King's Highness as my duty is.' l
I cannot say what answer was given to this pressing Compelled
letter, but infer no money was forwarded, for the Duke
declared ' that, for lack of payment of his wages, he was
compelled to sell much of his substance, to pledge his
plate and great jewels, and borrow from most of his
friends.' He returned to England in 1450, and found
that country torn by civil broils. He left as his deputy
in Ireland Sir James Butler, eldest son of the Earl of
Ormond. He was not long absent ; on the breaking up
of the Yorkist camp at Ludlow, in Shropshire, the Duke,
1 Hollinshed's Chron. Ir., vol. vi. p. 2G7.
108
EEIGN OF HENKY VI.
CHAP.
VIII.
Appoint-
ment of
Chancellor
ratified by
Parlia-
ment.
The Irish
Parlia-
ment as-
serts inde-
pendence.
Subjects in
Ireland.
Appeals of
treason.
accompanied by his son and Chancellor, Edmund Earl of
Kutland, sailed from Wales for Ireland, where he was
enthusiastically received by the chiefs of the Geraldines,
the Earls of Kildare and Desmond, who expressed their
joy at his arrival again in Ireland. His coming also re-
joiced the Anglo-Irish of his lordship of Meath, ' whose
hearts,' says the historian, ' he had exceedingly tied unto
him.' While the Lancastrian party were pillaging and
destroying the Yorkists in England, the Irish Parliament
formally upheld the authority of the Duke as Viceroy, and
established a Mint in his castle at Trim. They likewise
ratified the appointment of his son Edmund as Chancellor
of Ireland.
At this period the Irish Parliament first asserted its
independence. Mr. Gilbert, in his History of the Viceroys
of Ireland,1 states : ' Stimulated by the presence and posi-
tion of the Duke, the Parliament publicly enunciated the
independence of the legislature in Ireland, and affirmed
rights which had hitherto been suffered to lie in abeyance
owing to the relations of the colonists with England.
Having asserted the right of the King's subjects in Ireland
to their own coinage, distinct from that of England, the Par-
liament formally declared, that as Normandy and Guienne,
when under the obedience of England, were separate from
its laws and statutes, so also in Ireland, though under the
obedience of the same realm, was nevertheless separate
from its laws and statutes, except such as were by the
Lords Spiritual and Temporal and Commons of Ireland,
freely admitted and accepted in their Parliaments and
Great Councils.' 2 In further vindication of independent
rights, the Parliament declared, that according to ancient
prescription, the King's subjects in Ireland were not
bound to answer writs except those under the Great Seal
of Ireland ; and that any officer attempting to put decrees
from Eno-land into force in Ireland, should incur forfeiture
O
of all his Irish property, and be fined one thousand marks.
It was also ordained, that every appeal of treason in
1 Page 369. 2 Rot. Stat. Hib. 38 Hen. VI.
con-
LIFE OF EDMUND PLANTAGENET. 109
Ireland should be determined solely in the Court of the CHAP.
Constable and Marshal of Ireland ; that death should be ^ VIIL .
inflicted on those who groundlessly accused others of
treason there ; and that no pardon should avail in such
cases. This Parliament also enacted that, while the Duke The Duke
of York, as Lieutenant, resided in Ireland, any man who, ^ ^e°rk
directly or indirectly, sought to compass his death, or to respected
provoke rebellion or disobedience towards him, should
stand attainted of high treason against the King's person.
This stringent enactment was rigidly enforced. The
Lancastrian party, then in the ascendant, wished to AttemPtto
arrest the
remove the Chancellor's father from the Viceroyalty of Duke.
Ireland, and resolved to make him a prisoner. They
despatched a squire of the Earl of Ormond, named Overy,
with a writ for the Duke's apprehension, on the grounds
of his being an attainted traitor in open rebellion against
the King, and illegally claiming to be his Viceroy in
Ireland. They little counted 011 the fate in store for their Fatal
messenger. Overy was himself made prisoner, tried under
the recent penal statute, found guilty of high treason, and attempt.
suffered the ignominious death of a traitor. He was
hanged, drawn, and quartered.
This attempt against the person of the Viceroy being Eftbrt to
signally defeated, an effort was next made to create an holtile*
Irish party hostile to him, and as the Geraldines sided Party-
with the White Eose of York, the powerful influence of
the House of Ormond was enlisted on behalf of the Lan-
castrians. The King, Henry VI., was induced to write Its failure.
letters, under his Privy Seal, to various Irish chiefs, who
were usually ranked as Irish enemies, and these letters
were forwarded to the Duke of York ; but all was of no
avail, the Duke, as stated by Hall,1 ' got him such love
and favour of the country and the inhabitants, that their
sincere love and friendly affection could never be separated
from him and his lineage.' Poets, as well as prose writers,
attested the success of his Irish administration. In the
' Mirrour for Magistrates ' 2 he is made to state :—
1 Union of Two Noble Houses, 1548. y Vol. ii. p. 189.
110 EEIGN OF HENRY VI.
CHAP. ' I twice bare rule in Normandy and France,
VIII. And last Lieutenant in Ireland, where my hart
Found remedy for every kind of smart ;
For through the love my doings there did breede,
I had their helpe at all times in my neede.'
The Duke and his son, the Lord Chancellor, attracted to
their side the powerful nobles of the Geraldine party,
which, as I have already observed, caused the Ormond
party, their hereditary opponents, to side with the op-
ponents of the White Rose. The Earls of Kildare and
Desmond, the heads of the Fitz Geralds, with the Prestons,
and Barnewalls, secured to the Duke the Government of
Ireland despite the power of the potent Butlers, the in-
fluence of the Crown and Parliament of England.
Visit^of Meanwhile the Duke's eldest son, afterwards Edward IV.,
"Warwick. an<^ n^s nephew, Richard Earl of Warwick, held possession
of Calais. Thence occurred Lord Warwick's hasty visit
to Ireland narrated by Samuel Daniel: — l
Where shipping and provisions Warwick takes
For Ireland, with his chieftain to confer ;
And within thirty days this voyage makes,
And back returns ere known to have been there :
So that the heavens, the sea, the wind partakes
With him, as if they of his faction were ;
Or th;it his spirit and valour were combined
With destiny, t' effect what he designed.
Capture of The fortunes of the Yorkists were again in the ascen-
theKing. dant> Tliev Defeated the King's forces at Northampton,
made King Henry prisoner, and obtained possession of
The London. This news was quickly communicated to the
andTord Viceroy of Ireland, who, accompanied by the Lord Chan-
Chancellor cellor, started for England, leaving the Earl of Kildare
land. his deputy. On his arrival in London he was received
The Duke with enthusiasm, solemnly proclaimed heir to the Crown,
Protector. an(j Protector of the realm. Alas ! the Protector soon
Besieged stood in need of protection. Within a month he was
besieged in his Castle of Sandal, near Wakefield, by Queen
Margaret at the head of a powerful army, superior by four
1 Poetical works of S. Daniel, Loud. 1718, vol. ii. p. 231.
LIFE OF EDMUND PLANTAGENET. Ill
to one to the forces of the Duke. Notwithstanding this CHAP.
immense majority, the Duke of York was resolved to try - ,__^
the fortune of battle, but Sir Davy Hall, his old comrade
in arms, his faithful servant and counsellor, tried to dis-
suade him. He advised the Duke to have a little patience,
for succour would swiftly come, that Prince Edward with his
March men and the Welsh troops were on the road towards
him. Yet the impetuous Duke would not be counselled, Heroic
but replied with much vehemence, ' Ah, Davy ! Davy ! th
hast thou loved me so long, and now wouldst have me
dishonoured. Thou never saw me keep fortress when I
was Kegent in Normandy, when the Dauphin himself, with
his puissance, came to besiege me, but like a man, and
not like a bird included i.ii a cage, I issued and fought
with mine enemies to their loss, ever, I thank God, and to
mine honour. If I have not kept myself within walls for
fear of a great and strong Prince, nor hid my face from
any man living, wouldst thou that I, for dread of a scold-
ing woman, should incarcerate myself and shut my gates ;
then all men might of me wonder, and all creatures might
of me report dishonour, a woman hath made me a dastard,
whom no man ever to this day could yet prove a coward.
My mind is rather to die with honour than to live with
shame. Their great number shall not appal my spirits,
but encourage them ; for surely I think that I have there
as many friends as enemies, which, at joining, will either
fly or take my part. Therefore advance my banner in the
name of God and St. George, for surely I will fight with
them, though I should fight alone.' l
This valorous speech was more indicative of the chivalry Urged to
of a knio-ht-errant than the wisdom of a prudent general. Willt for
succour.
For five thousand men to leave a strong fortress and en-
gage twenty thousand on the open plain, could only be
regarded as the height of rashness. Besides Sir Davy
Hall, the Earl of Salisbury and other prudent counsellors
advised the Duke to remain in the fortress until his son,
who was levying forces on the borders of Wales, would
1 Holliiished, p. 674. Kymer, vol. x. pp. 6i7, 650.
112 KEIQN OF HENKY VI.
CHAP, advance to his assistance.1 All was urged in vain, the
VIII
v_ ,_! Duke vowed he would fight, though he should fight alone,
His troops and with heavy hearts the gallant little band resolved to
die with perish with him. There was, indeed, the chance which
h'm- he had glanced at in his speech of numbering friends in
Queen Margaret's camp, who, in the hour of need, would
The battle, either join him or draw away from the battle. On the
eve of Christmas, December 24, 1460, the Duke's army
marched out of the castle and offered the Lancastrians
Tlie battle. By the side of the Duke fought his second son,
Chancellor
fights by the young Chancellor of Ireland, whose years had not
his father s pas£ their teens, but who, under a fair and almost effeminate
D! CL6 •
appearance, carried a brave and intrepid spirit. The
forces of the Queen resolved to annihilate their audacious
foes, and soon the Duke found how little reason he had to
hope of finding friends in the camp of Queen Margaret.
The historian Hume says,2 ' the great inequality of num-
bers was sufficient alone to decide the victory, but the
Queen, by sending a detachment, who fell on the back of
the Duke's army, rendered her advantage still more
The I)uko certain and undisputed. The Duke himself was killed in
lulled and
beheaded, the action ; and when his body was found among the slain
the head was cut off by Margaret's orders and fixed on
the gates of York, with a paper crown upon it, in derision
of his pretended title.'
The Chan- The fate of the young Chancellor was soon over. Urged
taken by his tutor, a priest named Robert Aspell, he was no
prisoner, sooner aware that the field was lost than he sought safety
by flight. Their movements were intercepted by the Lan-
castrians, and Lord Clifford made him prisoner, but did
not then know his rank. Struck with the richness of his
armour and equipment, Lord Clifford demanded his name.
' Save him,' implored the Chaplain ; ' for he is the Prince's
son, and peradventure may do you good hereafter.'
Vengeance This was an impolitic appeal, for it denoted hopes of
Clifford. the House of York being again in the ascendant, which
the Lancastrians, flushed with recent victory, regarded as
1 Hume's History of England, vol. iii. p. 304. - Ibid.
SIB WILLIAM WELLES, CHANCELLOR. 113
impossible. The ruthless noble swore a solemn oath : — CHAP.
VIII
' Thy father,' said he, ' slew mine ; and so will I do thee , '— ..
and all thy kin ; ' and with these words he rushed on the
hapless youth, and drove his dagger to the hilt in his
heart. Thus feU, at the early age of seventeen, Edmund The
Plaiitagenet, Earl of Eutland, Lord Chancellor of Ire- Chancellor
slam.
land.
While these deplorable events were taking place, the Goldhail
duties of Chancellor of Ireland were performed by deputy, lo™"
and that deputy was Edmund Goldhail, or Ouldhall, who
is named in the Liber Munerum Publicorum Hibernise
as Chancellor, in 145 1.1 He is enumerated among the Probable
T\ 4-
Bishops of Meath,2 and was brother of Sir William. Ould-
hall, Chamberlain to Eichard Duke of York, who probably
recommended him as the most eligible person to be Vice-
Chancellor to the Duke's son. He held the Great Seal for Sir John
three years, and was succeeded, in 1454, by SIR JOHN jJmi
TALBOT, son and heir of John Earl of Shrewsbury, and Chancel-
J lor, 1454.
nephew of the Chancellor Talbot, whose ' Life ' I have so
fully given. Sir John held the Seal for six years, until John Dyn-
1460, when JOHN DTNHAM, Esq., had the Great Seal, chancel-
Tkis Chancellor appointed Sir Eobert Preston, Lord Gor- lor' 146°-
mantoii, his Deputy Chancellor.
This arrangement did not long endure. The following Sir
year the King sent a prsecipe, dated at Bristol, 1461, to -\yenes
Thomas Fitz Morice, Earl of Kildare ; Sir Eobert Preston, Lord
Chancel-
Sir Christopher St. Lawrence ; Sir Eowland Fitz Eustace, ior, uei.
Sir Nicholas Barnewall, Chief Justice of the King's Bench ;
Sir Eobert Dowedale, Chief Justice of the Common Pleas ;
Sir Thomas Plunkett, and others, his liege people, signify-
ing them that he sent over for Ireland a new Great Seal, A new
by SIR WILLIAM WELLES, Knight, Lord Chancellor of Ire-
land, and enioining them to obey the said Chancellor, Clianrel]or
* sworn in ;it
whom he had sworn into office before himself in Chan- Westmin-
cery, at Westminster, and to make use of that Seal, and '
1 Part ii. p. 202. This is the date assigned for the appointment of the
yoxing Earl of Eutland.
2 Ware's Bishops.
VOL. I. I
114
EEIGN OF EDWARD IV.
CHAP.
VIII.
John Tip-
toft, Earl
of Worces-
ter, Lord
Chancel-
lor.
no other. And that all grants under any other Seal, from
the first day of his reign, should be vacated and of no
force, which, by the tenor of this writ or prsecipe, be can-
celled.1 This Sir William was son of Lionel Lord Welles,
and had his appointment for life confirmed by Act of
Parliament ; 2 but he only held it one year, when he was
succeeded by a nobleman whose career is very tragical,
JOHN TIPTOFT, Earl of Worcester, Lord Chancellor of
Ireland.
The ancestor of John Tiptoft, or Tibetot, Earl of Wor-
cester, had claims upon the manors of Inchiquin and
Youghal, part of the extensive territories of the Fitz
Geralds of Desmond. He was of illustrious descent, nearly
related to King Edward IV., and possessed of ample for-
tune, was well fitted to occupy a high place in the public
gaze. How he fulfilled the promise of his youth we learn
as we proceed.
The University destined to mature the capacity of the
future Chancellor of Ireland, was Oxford ; and the classic
College of Baliol is associated with his name. The place
whence he derived his title, in the humorous lay of the
' Oxford Commemoration,' is described as not far distant
from, the celebrated University. In the words of the lively
writer —
From legendary Christchurch,
Where booms the far-f;imed bell,
Reared by the hand of Wolsey,
But when I cannot tell ;
From classic quads of Baliol,
Whence third-floor men descry,
The smoky roofs of Worcester
Fringing the western sky,
the young Earl received stores of knowledge.
Effects of The youthful student was no idle one : this may be in-
Or t~atin ferred from the incident recorded, that while on his travels
Pope Pius to Jerusalem, having visited the Holy Father in Eome
(the Pope was then the learned ./Eneas Silvius, Pius II.) ,
he delivered a Latin oration of such pathos that he moved
Graduated
at Oxford.
II.
Lib. Munerum Pub. Ilib., Part ii. p. 203.
2 2 Edward IV.
LIFE OF LORD WORCESTER. 115
the Pope to tears. The Earl's reputation for learning CITAP.
caused him to be regarded as the most accomplished - _ , '_ ^
English nobleman of his day. His learn-
When he became an adherent of the House of York, his
Appoint-
talents were sure to put him into high offices. He was ments.
accordingly appointed Justice of North Wales, Trea- Chancellor
surer and Constable of England, Chancellor during life A-D> UG?.'
for Ireland, and Steward of the King's Household. The
impossibility of one man filling so many offices, unless by
, deputy, is apparent, so, as in duty bound, I follow his for-
tunes in Ireland, of which he was nominally Chancellor.
He landed at Howth, in 1467, escorted by a strong Deputy to
military force. Beside the offices I have enumerated, he Of
was Deputy-Governor of Ireland, under the Duke of ence-
Clarence, then Viceroy. Shortly after his arrival he Heads of
' J ... the Geral-
assembled a Parliament, and this legislative body pro- dines at-
ceeded at once to attaint the Earls of Kildare and Des- tamted-
mond, also Edward Plunkett, for treason. This was a
most ungrateful return for the support which those noble-
men had given the York party. The grounds for their
impeachment were ostensibly alliances and fosterage with
the Kind's Irish enemies. Other breaches of the statute
™
of Kilkenny were also charged in furnishing the said
enemies with horses and armour, and supporting them
against the loyal subjects of the King. The penalties of Earl of
the statute were pressed most severely against the Earl of ^Jh™ded
Desmond ; his estates were declared confiscated, and, i-t67.
on February 14, 1467, the Earl, by the command of
the Earl of Worcester, was beheaded at Drogheda. The
real cause of this severity is probably that given by tradi-
tion. Desmond was greatly beloved by King Edward IV. King Ed-
011 account of his prowess in the field, and for having ^n'l the
fought no less than nine battles against the Lancastrians. Earl.
The King listened with attention to his counsels, and
asked his advice as to his future conduct on the throne.
The Earl strongly recommended his Majesty's strengthen- Desmond's
ing his position by an alliance with a foreign princess; the King
and when the King disclosed his marriage with the widow
i 2
116
EEIGN OF EDWAKD IV.
CHAP.
VIII.
Character
of Des-
mond.
The Trea-
surer ar-
raigned
before the
Chancel-
lor.
of Sir John Grey, of Groby, Desmond replied, ' that he
might obtain a divorce.' The King refused to adopt this
course, but 011 an occasion of some connubial dissension
with the Queen, imprudently communicated to her the
advice he had received ; saying to her Majesty, * her pride
would be humbled, had he taken the advice of his cousin
of Desmond.' Woe betide the man who comes between
husband and wife. The beautiful Queen Elizabeth took
these words to heart, and when their little quarrel was
made up exerted those fascinations which secured her the
Crown, and which the amorous King was unable to resist,
to lea.rn the exact words Desmond used. The consequence
was fatal to the Earl. The Queen enlisted the services of
Worcester in her design to be revenged on this unfortu-
nate Lord. At her instigation, Worcester was sent to sup-
plant Desmond as Deputy for Ireland ; and by assembling
the Parliament at Drogheda, remote from the province of
Minister, the portion of Ireland in which Desmond's power
and influence lay, caused him to be attainted and exe-
cuted. Irish historians describe Desmond as excelling
in personal grace and intellect most men of his time. At
the period of his execution he was but forty-two years of
age, and no praise bestowed on him exceeded his merits.
They added that Erin suffered deeply by his death, the
sorrow and affliction for which was felt equally by
strangers and Gaels.1
Mutual jealousy and great dissensions existed among
the State officials of the English settlement while the
Earl of Worcester was Lord Chancellor. The Treasurer,
Sir Roland Fitz Eustace, Baron of Portlester, whose
daughter was married to the Earl of Kildare, was ar-
O •*
raigned before the Lord Chancellor by Sir John Gilbert.
The accusation against him was treason, in inciting the
1 Gilbert's Viceroys of Ireland, p. 387. Richard III. wrote of the Earl of
Desmond's fate, seventeen years after it occurred, ' That he had been extor-
tiously slain and murdered by colour of laws, within Ireland, by certain
persons, then having the government and rule there, against all manhood,
reason, and good conscience.' — Ibid.
cenee.
LIFE OF LORD WORCESTER. 117
Earl of Desmond to assume the rank of Sovereign in CHAP
O
Ireland, undertaking that he and all the land would . VIIL_.
prefer him to Edward IV. Fitz Eustace indignantly denied The Trca-
the charge, and expressed his willingness to appear to
any indictment preferred against him. This bold denial his i
by Lord Portlester, in the opinion of many, proved the
falsehood of the accusation, and instead of bringing the
charge to trial and sustaining it, Gilbert fled out of the
reach of the injured noble. He joined the Irish who were His
at war with the Deputy, and had the tables turned 011 aceu.serj
, „ attainted.
himself, being attainted a traitor by the very Parliament
which acquitted Lord Portlester from his false impeach-
ment.
The peerage of Baron of Eatoath, in the county of ThoChan-
Meath, was conferred on Eobert Bold, for his services to com°mends
the King and his father, the Duke of York, at the recom- ^e CTe*~
meiidation of the Chancellor, Earl of Worcester.1 He Peer.0
was assigned twenty marks yearly out of that manor, to
be held by the service of one goshawk.
During the sitting of Parliament, convened by the Order of
Chancellor, a very important though rather crotchety Jjjjjjj*"
point was settled, ' Whether the Lieutenant, or Viceroy, respecting
vacated his office by passing from Ireland to any of the 2j.VM
small islands on or near the coast?' The Parliament
ordained, ' that if a Viceroy, or his Deputy, went into any
island near Ireland, and returned, such passage should
not render the office vacant, but that the Viceregal autho-
rity should still stand in full force and effect.'
The Island of Lambay, then uninhabited, was given by Lambay
Parliament to the Chancellor, on consideration of his
erecting thereon a fort, to prevent the Bretons, Spaniards, cellor-
French, and Scots landing, and harbouring there, and
making it a rendezvous when they issued forth to plunder
the liege merchants passing the eastern coast of Ireland.
The English settlement was sorely pressed by the in- The
furiated adherents of the late Earl of Desmond, who
marched from the south to avenge his death, and by the
1 Gilbert's Viceroys of Ireland, p. 388.
118
REIGN OF EDWARD IV.
CHAP.
VIII.
•- -*
Drngheda
rewarded.
Lord
Chancellor
and the
Earl of
Kildare.
E*rl of
Worcester
appointed
Viceroy,
A.D. 1470.
A conspi-
racy.
Tried be-
fore the
Ex-chan-
cellor of
Ireland.
ravages of the O'Eeillys and other potent chiefs from the
north. The townspeople of Drogheda did such effectual
service in plundering and burning the mansion and
monastery of the O'Reilly sept, that the Chancellor ob-
tained for the Mayor the privilege of having a sword
borne before him, as is the custom of the Lord Mayer of
London ; likewise a pension of 20?. out of the municipal
rent to the Crown, for the maintenance of the dignity of
that magistrate. The desperate state to which the colony
was reduced, caused the Chancellor to recommend that
the Earl of Kildare should be taken into Royal favour,
provided he obtained proper bail for his future loyalty.
Accordingly, on the Archbishop of Dublin and others en-
tering into recognizance to the amount of a thousand
marks, a Parliament held before Worcester, in 1468, rati-
fied the pardon of the Earl of Kildare, and restored his
estates. He joined the Earl and Countess of Worcester
in re-establishing a perpetual chauntry to celebrate Divine
service at the altar of St. Catherine the Virgin, in the
church of St. Secundinus, or Sechnall,1 at Dunshaughlin,
in Meath, to the honour of God and the Blessed Virgin.
The Earl of Worcester left Ireland late in 1468, and
the Duke of Clarence, having been discharged from the
Viceroyalty by Royal Proclamation, dated at York, March
23, 1470, the Earl was appointed in his place. He did
not, however, personally discharge the duties, but nomi-
nated Edward Dudley as his deput}r. It would have been
better for the Earl's reputation that he had. The Duke
of Clarence and the Earl of Warwick having conspired
against Edward IV., fled from England to France, and Lord
Scales captured many of their adherents. King Edward,
on his arrival at Southampton, found a number of Lord
Scale's prisoners there, and ordered them for speedy trial
before the Ex-chancellor of Ireland, the Earl of Worcester.
As a matter of course they were found guilty of high
1 This Saint is called a native saint ; but the learned Irish writer, W. M.
Hennessy, M.R.I.A., remarks, that as he is said to have been St. Patrick's
nephew, he then-fore was not a native of Ireland.
LIFE OF LOUD WORCESTER. 119
treason, and sentenced to death. Not content with the CHAP,
customary barbarities sanctioned as punishment for the
highest crime known to the laws of England — by Worces-
ter's sentence twenty gentlemen and yeomen were or-
dered to be hanged, drawn, quartered, and beheaded, and
then suspended by the legs, and their heads impaled on
sharp pointed stakes. For these atrocities Worcester
was named, and rightly, if they be true, the butcher of j
England. England.
On the restoration of Henry YI. in 1470, the power Henry VI.
of the Lancastrian was once more regained, and, we can A D 147'0>
easily suppose, considerable anxiety was felt to ascertain
the whereabouts of 'the Butcher.' There was a heavy
score against him which could only be paid by himself in sought for.
person, and the broad realm of England was searched to
requite the perpetrator of such cruelty as had been im-
puted to him. He dared not show himself in city or
town, castle or hamlet sheltered him not; the most vigilant
watch was kept at every port and creek so that he should
not escape by sea, and yet he could not be found ! The
last days of this intellectually gifted nobleman must have
been miserable. Perfectly aware of the avidity with which
his life was sought, he yet clung to the hope of escape,
until another turn of Fortune's changing wheel might re-
store his friends to power. Afraid to trust himself near
the abodes of men, he fled to the lair of the wild beast,
and the haunt of the wild fowl. Here he was sought
and found. The Earl of Worcester was captured by a Caught in
party of his deadly enemies, who found him concealed by :
the branches of a lofty tree in Havering Forest. With
exultation and savage glee they consigned him to the
gloomy dungeon of the Tower.
Seldom was a more desponding prisoner confined within A prisoner
these stern old walls. Since the days of William the Tower.
Norman it had been a State prison, though, originally, a
fortified residence for Kings desirous of having a wide
ditch and deep moat between them and their subjects.
Here in dejection and pining for freedom, the once
120
REIGN OF EDWAED IV.
CHAP.
VIII.
His trial
and sen-
tence.
Caxton's
panegyric
on the
Earl.
His pos-
sessions in
Ireland
given to
the Earl of
Kildare.
powerful Earl of Worcester spent the last sad hours of life.
Here he was speedily tried, and it so happened that the
President at his trial was John Vere, Earl of Oxford,
whose father had been sentenced and executed in the
same place four years previously, when Worcester was the
Judge. It was Lord Oxford's turn now, and he took the
verdict of guilty, and sentenced the Earl of Worcester to
be beheaded on Tower hill.
We may hope the interval between Worcester's sentence
and his execution was well employed. He had seen enough
of the mutability of earthly things to turn his thoughts on
heaven, and if we can credit the accounts which have
reached us, his last hours were piously spent. Caxton, the
father of English printers, in his edition, in 1481, of
Worcester's translation of 'Tullius .his book of Friend-
ship,' relates, that the Earl * flowered in virtue and cun-
ning,' that ' none was like unto him among the Lords of the
temporality in science and moral virtue.' { Oh ! good
blessed Lord,' exclaims the mourning Caxton, ' what great
loss was it of that noble and virtuous and well-disposed
Lord, and what worship had he in Koine, in the presence
of our Holy Father the Pope, and so in all other places
unto his death, every man there might learn to die and
take his death patiently, wherein I hope and doubt not
but that God received his soul into His everlasting bliss,
for as I am informed he right advisedly ordained all his
things, as well for his last will of worldly goods l as to his
soul's health, and patiently and holily without grudging
in charity, before that he departed out of this world. I
beseech Almighty God to have mercy on his soul, and
pray all them that shall hear or read this little treatise,
much virtuous of friendship, in likewise of your charity to
remember his soul among your prayers.'1
The Irish chroniclers would hardly endorse Caxton's
eulogy. They attributed the fate of Worcester to his
1 Honest William Caxton was, no doubt, better acquainted with type than
law. The penalty of treason causing forfeiture, left nothing for disposal by
will.
LIFE OF LOED WOKCESTEK. 121
cruelty in causing the Earl of Desmond to be beheaded. CRAP.
VIII
They asserted that the Ex-chancellor's remains were . , ' .
quartered. The Irish Parliament decreed all his posses-
sions in Ireland should be given to the Earl of Kildare, in
compensation of his long imprisonment, and other injuries
sustained at the hands of Worcester. Lambay Island
which had been granted to him was restored to the Arch-
bishop of Dublin.
122
REIGN OF EDWARD IV.
CHAP.
IX.
,
Ireland
much dis-
turbed.
Thomas,
seventh
Karl of
Kildare,
Lord
Chancel-
lor.
Maynooth
Castle.
Kildare
Deputy.
CHAPTER IX.
OP THE LORD CHANCELLORS OP IRELAND DURING THE
WARS OF THE ROSES — CONTINUED.
THE state of Ireland during the Wars of the Eoses was
little adapted to allow Courts of Justice to hear causes.
The short and stern appeal to the sword was the rule, and
any other mode of arbitration the exception. The at-
tainder of the Earls of Kildare and Desmond, with the
execution of the latter, caused infinite mischief, and made
the Government of the English colony impossible, unless
the powerful nobles of the House of Kildare could be in-
duced to forgive the injuries committed against them.
This house was then represented by Thomas the seventh
Earl of Kildare, who, having filled the office of Lord
Chancellor of Ireland, fairly claims to be noticed by me at
some length, although I have no judicial account to render
respecting him. John, sixth Earl of Kildare, strengthened
and improved Maynooth Castle, which for more than a
century had been the principal residence of the Leinster
branch of the powerful Geraldines. It was regarded as
one of the largest and richest Earl's houses in Ireland.
This nobleman had married Margaret de la Herne, by
whom he had an only son, Thomas, who on the death of
Earl John, in 1427, became seventh Earl of Kildare. When
Richard Duke of York became Viceroy of Ireland, in
1449, he gained the affections of the Irish by his mild and
paternal government, and enlisted the support of the Geral-
dines to the standard of the White Rose. In 1454, the
Duke appointed the Earl of Kildare his Deputy, and again
in 145(3. While in this responsible office he held several
Parliaments at Dublin and Naas. We have seen in my
memoir of Lord Chancellor, the Earl of Rutland, the
THOMAS, SEVENTH EARL OF KILDARE. 123
enmity which disturbed the kingdom at this eventful CHAP.
period. In 1459, an engagement took place between the ~._ \ ' ^
Anglo-Norman forces, under the command of the Earl of
Kildare, and the Irish troops of O'Connor Faly, in which
the latter suffered a great defeat.1 And indeed the war
of the rival Roses was as fiercely maintained in Ireland as
in the more immediate scene of strife.
The policy of ruling without favouring either of the Policy of
., Tt 1
rival houses of Boteller, or Butler, and Geraldine, or Fitz Of York.
Gerald was strictly observed by the Duke of York. He did
his best, while he was Viceroy, so to deport himself, as to
win the general love of all subjects. We have already The rival
mentioned that when his son, George Duke of Clarence, f.^IS °'
was born, in the Castle of Dublin, the Duke seized the
opportunity of connecting by the tie of gossipred the
Earls of Kildare and Orniond, who stood godfathers to the
infant Prince.2
The necessity of providing a substitute in the place of Earl of
the Duke of York was removed by the council electing
the Earl of Kildare Lord Justice. This election was con- Justice.
firmed by Edward IV., 1461, when the reappoiiited Lord
Justice took the oaths in great state in Christ Church,
Dublin, before the assembled Parliament and Privy Coun-
cil. The office of Lord Chancellor is confirmed by the
King usually during pleasure, but has been occasionally
confined to a stated period. The custody of the Great Seal
of Ireland was given to the Earl by Parliament in January
1463. He was named Chancellor for life, with a salary of Lord
40/. per annum, and ten shillings per diem. This ap- Chancellor
ot Ireland
pointment was confirmed by Statute XII. Edward IV. for life.
The beautiful Franciscan Abbey at Adare, county Lime- The Chan-
rick, was founded by this munificent Lord Chancellor and Builds the
his wife, Lady Joan Fitz Gerald, in 1464. They built the Al)bev
church and gave it two chalices of silver, and the great bell,
which cost 101. The chapel of the abbey is now the
parish church of Adare. Close beside is Adare Manor,
1 Annals of Four Masters.
2 Earls of Kilolare, Ijy the Marquis of Kiklarc, Addenda 8.
124
EEIGN OF EDWARD IV.
CHAP.
IX.
Implicated
with the
Earl of
Desmond.
Restored
to Royal
favour.
Attainder
reversed.
Appointed
Lord Jus-
tice.
The Geral-
dine's cast.
The Earl's
justice.
the splendid mansion of one of Irelands most gifted and
deservedly esteemed noblemen, the Earl of Dunraven.
The Earl of Kildare, as already noticed, was included
with his brother-in-law, the Earl of Desmond, in the im-
peachment which ended in the death of the latter, during
the Viceroy alty of the Earl of Worcester. Such was the
unscrupulous conduct of the party then in power, that
most likely the same tragical fate was intended for both
heads of the Geraldines. The Earl of Kildare was im-
prisoned, and he was by no means disposed to abide the
result of a trial which ended so fatally for his noble
kinsman. To the mortification of his enemies, he escaped
from prison and managed to get to England, where he had
an interview with the King, when the result was most
favourable. His assistance was essential to the English in-
terest, and he was again taken into the royal favour ; the
Act of Attainder passed against him in a Parliament held
in Drogheda, 1476, 'for alliance, fosterage and alterage
with the King's Irish enemies ' was repealed by the same
Parliament, and he was in the same year appointed Lord
Justice. The description of Ireland by Hollinshed con-
tains the following anecdote of this nobleman : ' —
' Within a mile of Castlederniot is there a place marked
with two hillocks, which is named the Geraldine, his
throw or cast, the length of which in verie deed is wonder-
ful. The occasion proceeded of this. One of the Geral-
dine's preded an enemy of his. The Earl of Kildare,
having intelligence thereof, suppressing affection of kin-
dred, and moved by zeal of justice, pursued him with a
great troope of horsemen, as the other was bringing of the
prede homeward. The Geraldine having notice given him
that the Earl was in hotte pursuite, being nettled that his
kinsman would seeme to rescue the prede of his deadlie
foe, for as he was in such frittingwise, frieing in his
The angry
man's
speech.
grease,
he brake out in these cholerick words, " and doth
rny cousin Kildare pursue me indeed ? Now, in good
faith, whereas he seemeth to be a suppressor of his kindred,
1 Chronicles, p. 17.
THOMAS, SEVENTH EARL OF KILDARE. 125
and an upholder of my mortal enemie, I would wish him CHAP,
no more harm than that this dart were as far in his v___^l_^
bodie as it shall stick forthwith in the ground." And
therewithat giving the spurs to his horse, he hurled his
dart so farre as he abashed, with the length thereof, as
well his compaiiie as his posteritie. The Geraldine was
not farre from thense when the Earl, with his band, made
hot foot after, and dogging still the track of the predours,
he came to the place where the dart was hurled, when one
pickthank or other led the Earl to understand of the
Geraldine, his wild speeches there delivered. And to en-
hanse the offense, he showed him how farre he hurled his
dart, when he wished it to be pitched in his lordship's
bodie. The Earl, astonished thereof, said, " Now, in good The Earl's
sooth, my consiue in behaving so courageously is worthy
to have the prede set free. And, for my part, I purpose
not so much to stomach his cholerick wish as to embrace
his valiant prowess," and therewith commanded the re-
treat to be blown and recalled back.'
The ' Annals of the Four Masters ' relate that, in 1471, Raid on
this Earl, with the people of Meath, made an incursion FarneJ-
into Farney, county of Monaghan, and committed great
depredations on the MacMahons.
In the year 1471, the Earl of Kildare again was ap- English
pointed Lord Deputy, having been Lord Justice since boNVS-
1 407. He held a Parliament at Drogheda and in ISTaas
in 1472. In this latter a measure was passed, which shows
the anxiety to improve the practice of the Anglo-Irish in
archery. This Act compelled merchants to import from
England bows and arrows to the value of 20s. for every
201. of other goods.
In 1473, he was confirmed in the office of Lord Chan- Confirnmi
cellor for life by Act of Parliament. The usual tenure of .^ha'1;t'Uur
lor 111 o.
the office was during pleasure, and this is the tenure at
present ; but the pleasure is not that merely of the Sove-
reign, as the words might imply, but depends on the
Ministry, of which the Lord Chancellor is a Member, re-
taining office.
126 REIGN OF EDWARD IV.
CHAP. In 1475, the Earl was dismissed from his office of Lord
Deputy, and William Sherwood, Bishop of Meath, who
Removed was his most virulent enemy, was appointed in his place.
of Lord L This caused great joy to the Ormoiid faction, and soon the
Deputy, fend between the Geraldines and Butlers broke out afresh.
c In the hope of settling the differences and dissensions
to which then prevailed, Edward IV. issued a Commission to
Edward Comiisburgh, Archbishop of Armagh, to hear and
determine all controversies, suits, and debates depending
between the great men or Peers of Ireland. A section of
the Colonial Parliament requested Bishop Sherwood to
repair to England, and solicit the good offices of the King
and his brother, the Viceroy, Duke of Clarence, ' for the
public weal, and relief of the country.'
Bishop The Bishop, however, declined the mission. He gave
•Sherwood rafjier a singular reason for a minister of peace, ' That he
deputed to
England, was so occupied in the field with nestings (marshalling of
to'leave*" troops), that he could not for a time, without damage to
the field, the English district, quit the camp, even to meet the Par-
liament.'
At length, however, he did undertake the journey, and,
no sooner was his back turned, than, as he probably antici-
pated, enemies set to work to traduce and accuse him.
On his departure to England, charges were forwarded
thither against him, but this was so constantly done that
little notice was taken of these accusations.
The The Earl of Kildare showed a disposition to serve the
j!on^of English interest by every means in his power. Among the
St. George, efforts he made for the maintenance of English rule in
Ireland, was the establishment of the military organisa-
tion, called the ' Brotherhood of St. George.' This Order
consisted of thirteen persons of the highest rank within
the pale — that is, the counties of Dublin, Kildare, Meath,
and Louth. The forces were 200 men, of whom 120 were
mounted archers, and forty horsemen, with forty pages.
The archers' pay was sixpence a day, the horsemen's five-
pence, with four marks per diem.' Their duty was to
i The Earls of Kildare., p. 41.
THOMAS, SEVENTH EARL OF KILDAKE. 127
defend the pale from English rebels and Irish enemies. CHAP.
IX
The officers met annually on St. George's Day, in Dublin, - _ ^1 _ -
when they elected their captain. These thirteen officers The
and 200 men constituted the standing army, supported by
the Government for the preservation of Ireland. The
Earl's eldest son, Gerald, was the first Knight elected
Captain.
Great hostilities prevailed between English officials in Chief
Ireland and the Anglo-Irish. Parliament declared the
goods of John Cornwalshe, the Chief Baron of the Ex-
chequer, forfeited, for his intemperate and abusive lan-
guage to the Earl of Kildare, Lord Deputy, at the Council
Table, and for having tried to stir up the citizens of Dublin
to insurrection. The Chief Baron subsequently asserted
before the Council and Parliament, that Sir Robert Bold,
Baron of Eatoath, then delegate to England, had imposed
upon them by forged documents purporting to be writs
under the King's Privy Seal, respecting the Liberty of
Meath. This naturally excited great popular indignation
ao-ainst Baron Bold, and the Chief Baron resolved to have
O 7
him put out of the way. He inspired the Mayor of Dublin The Chief
with the belief in the truth of his assertions ; and, accom- heads a
paiiied by that civic dignitary, and a great concourse of popular
the excited citizens, the Chief Baron assailed Lord Eat- Escape of
oath, and would have caused a vacancy in the Peerage, Lorcl
but for the intervention of the Lord Deputy.1
Thomas Earl of Kildare. died on March 25, 1477,
leaving besides his Countess, who survived until 1486,
four sons and two daughters. He was buried in the
Monastery of All Hallows, near Dublin, with his father,
the Sixth Earl.
Again, several names appear in the list of Lord Chancel- Names of
lors of Ireland, of whom nothing for a memoir can be traced.
1 Xo -wonder this pugnacious Chief Baron met with an untimely fate.
Whilst at supper in his house at Baggotratb, near Dublin, he was attacked by
an armed party, led on by William Fitz William, of Dundrum, and before help
reached him the Chief Baron was killed.
128 REIGN OF EDWARD IV.
CHAP. ROBERT ALLANSTOWN* Sir WILLIAM DUDLEY* EGBERT
IX
- — ^ — ' FITZ EUSTACE, and JOHN TAXTON 3 GILBERT DE VENHAM.4
Sir Koland At length we reach the historic name of Sir ROLAND
T1" i- ~T7*
tace Chan- ^ITZ EUSTACE, Lord Portlester, appointed Lord Chancellor
cellor. Of Ireland in 1474.
The family rp^ famiiy of Eustace, or Fitz Eustace, was a branch
of Eustace. J '
of the wide-spread Geraldines, claiming descent from
Maurice Fitz Gerald, to whom Henry II. granted the
Barony of Le Naas. They were early settled in the district
around Kilcullen, Co. Kildare, and, in A.D. 1200, possessed
the title of Baron of Castlemartin. They had castles at Kil-
cullen, Castlemartin, Portlester, and Harristown ; and, we
find they filled high offices of State. In 1454, the Viceroy,
Richard Duke of York, appointed Edmund Fitz Eustace
his Deputy. Again, in 1462, on the accession of Ed-
ward IV. to the throne, George Duke of Clarence being
Viceroy, appointed Sir Roland Fitz-Eustace his Deputy.
Sir Roland was suspected of partiality or traitorous acts
in reference to the assumption of kingly authority by the
Earl of Desmond, when John Tiptoft, Earl of Worcester,
was Viceroy. An attempt was made to substantiate this.
Sir Roland On the execution of the Earl of Desmond, Sir Roland was
arraigned before the Viceroy, by Sir John Gilbert, for
having incited the Earl of Desmond to assume the King-
ship of Ireland, and with engaging that he and all the
land would accept him in preference to Edward IV.
Fitz Eustace indignantly denied the charge, and a day
was named for Gilbert to bring forward his proofs, but he
failed ; and, fearing the consequences of his false accusa-
tion, he withdrew beyond reach of Fitz Eustace's just
anger, and joined Thady O'Connor, in making war on the
Deputy. He was consequently attainted as a traitor by
the very Parliament from which Fitz Eustace was acquitted
of the alleged treason.
His wife. Sir Roland, created Lord Portlester, was married to
' Patent. A.D. 1468, 8 Edw. IV. 2 Pat. 1469, 9 Edw. IV.
3 Office granted to them jointly, and to the survivor of them. Confirmed by
Act of Parliament, April 10, 1472. 12 Edw. IV. 4 A.D. 1474. 14 Edw. IV.
FITZ EUSTACE, LOKD PORTLESTER. 129
Margaret, daughter of Janico D'Artois, by whom lie had CHAP,
issue two daughters. The elder of his daughters, Allison, s _ V _^
married Gerald, the eighth Earl of Kildare, one of the most His
distinguished of that illustrious family. His other daughter,
Maud, married first Thomas Marward, Baron of Skrine,
and, after his decease, Sir John Pluiikett, Knight, of Bewley.
Sir Roland Fitz Eustace was appointed Treasurer of Treasurer
Ireland, an office which he held for many years. He re- of Ireland-
ceived the additional dignity of the Custody of the Great cenor.
Seal in A.D. 1474, when his son-in-law, the Earl of Kildare,
was Deputy to the Duke of Clarence.
During the administration of Fitz Eustace as Lord Trea- Grants for
surer, the Parliament voted an annual grant of 180s. from rePairs-
the issues of Court and Hanaper, and 20s. from the profits of
the Master of the Mint, to pay for repairs to Dublin Castle,
where the Law Courts were then held. They stood in need Courts in
of repairs, being described in the Act of 1462 as 'ruinous a "llnous
state.
and like to fall, to the great dishonour of the King.'
We may judge that Boards of Works were as dilatory
then as in later days, for, by an Act passed thirteen years
afterwards, 15 Edward IV., we learn, these pressing repairs
had never been executed, the money set apart for them
having been diverted to other purposes. Some money
was expended in keeping the Courts from tumbling on the
heads of the Judges and practitioners, and entered in the
Miscellaneous Roll for the years 1476-7.
While charges were being investigated respecting the Treasurer
Treasurer's accounts, he was suspended from acting. ™fnoti_
These failing in proof, in 1480, Sir Roland was reinstated lor.
in his Office of Treasurer, but the King transferred the William
Chancellorship from him, and named William Sherwood, Chancel-
Bishop of Meath, to that high office. The Ex-Chancellor lor-
did not give up the Great Seal. A royal precept was then Royal
issued to compose the great dissension arising from conflict- PrecePt-
ing Parliaments, and the demeanour to be observed by the
great Officers in their respective offices.1 The Treasurer's Duty of
duty is thus set forth. ' Here folowyth the Kyng's coin-
1 Brit. Mus. JMSS. Tit., b. xi.
VOL. I. K
130 REIGN OF EDWAED IV.
CHAP, maundments and plesure to be showed unto Sir Rouland
IX
. ;j - Eustace, Knyght, whom, his Highnesse haith deputed to
be Tresorer of his lande of Ireland : —
*• Furst, the said Sir Rouland shall well and trewly
behave hym in the occupying of his office, and justly and
righteussly exerceze it, as well betwix the Kyng and his
subjects, as betwix the Kyiig's subjects. Item, he shall
not assent nor agre to the hurt, dammage, or disherityng
the Kyng of his landes, revenues, rights regalie, or pre-
rogatifs, but iu all that in hym is he shall uphold, mayn-
tene, encrese, and avaunce them. Item, that the same
Sir Rouland remitte and forget all malice and evill will,
that he haith borne and barith, unto the Bishop of Mythe
(Sherwood), Bermingham, the Justice, and all others the
Kyiig's subjects, within ye said land. For the Kyng's
Highnesse hath commanded them, in a semblable wise to
To deliver c|o toward hym. Also, the Kyng wol that he delivere his
the Great J J &
Seal to his Gret Sele beying in his kepying, unto the said Bishop of
successor. ^ythe, whom he hath deputed and made his Chancellor
of his said land of Ireland.'
The detention of the Great Seal by Sir Eoland from the
newly-appointed Chancellor, was a great hindrance to
public business, and caused much inconvenience.
Sad state The state of the colony was then very deplorable. Dis-
sensions prevailed among the highest Officers of the State
—the Chancellor and Chief Justice of the King's Bench
requiring the interposition of the King to keep them quiet,
while the Irish so pressed upon the narrow limits of the
English settlements that the statute requiring cities and
boroughs to be represented by inhabitants of the same,
Objections Was obliged to be repealed upon the express ground that
Parlia- representatives could not be expected to encoimter, on
ment. their journeys to Parliament, the great perils incident
from the King's Irish enemies, and English rebels ; for
' it is openly known how great and frequent mischiefs have
been done on the ways, both in the South, North, East,
and West parts, by reason whereof they may not send
proctors, knights, nor burgesses.'
FITZ EUSTACE, LORD PORTLESTER. 131
Great disobedience was displayed by men in authority CHAP.
at this period. No sooner was the Duke of Suffolk named . :^ .
Viceroy, than his appointment was superseded by nomina- Rival
tion of the King's infant son, George, and that of Henry
Lord Grey as his Deputy. Grey landed in Ireland in
1478, with a guard of 300 archers and men- at- arms. He
had need of them, for the Earl of Kildare was selected
Viceroy by the Irish Privy Council, and would not acknow-
ledge Lord Grey as Deputy, whose appointment was under
Privy Seal. The Ex-chancellor, Lord Portlester, Kildare's Rjvai
father-in-law, on the same ground declined to surrender Chancel-
lors.
the Great Seal of Ireland ; and James Keating, Prior of
Kilmainham, Constable of Dublin Castle, refused point
blank to admit Lord Grey. He garrisoned the fortress,
broke down the drawbridge, and defied the Deputy and
his men-at-arms to gain admittance. For some time both Rival Par-
parties exercised the functions of Government. The Earl liaments-
of Kildare summoned a Parliament, which met in June
1478, at Naas, in his own district, which voted him a
subsidy. Lord Grey procured the King's writ, com-
manding Kildare to desist from acting as Deputy. The
Mayor of Dublin was also directed to make proclamation
'that no subsidy should be paid to the Earl;' and, in a
Parliament held by Lord Grey, at Trim, the proceedings
of Kildare's Parliament were annulled. The statutes and
ordinances were ordered to be cancelled by the Judges
arid officials, and all persons having any rolls of this
' pretended Parliament,' were ordered to deliver them up
under penalty of felony.
The King authorised Lord Grey to have a new Great A new
Seal for Ireland made, and to ' damn, annul, and suspend ' Great Sea1'
that in the hands of Sir Koland Fitz Eustace, should the
latter disobey his commands, absent himself, or withhold
the Seal in his custody. The Parliament enacted, that, as
it was apparent that Sir Roland Fitz Eustace purposely
absented himself, and retained the Great Seal contrary to
the King's will, all patents, writs, and documents issued
K 2
132
EEIGN OF EDWARD IV.
CHAP.
IX.
Deputy 1u
appoint a
keeper of
old Seal.
Prior of
Kilmain-
ham.
Ex-chan-
cellor Fitz
Eustace
dies.
Monument
in Kilcul-
len.
Costume
in Ireland,
Temp.
1496.
under it, should be void, until it came to the hands of the
Deputy.
Thomas Archbold, Master of King Edward's Mints in
Ireland, was authorised to engrave a new Great Seal, as near
the other as may be in the pattern and fabric, with the
difference of a rose in every part. This the Parliament
decreed to be authorised, confirmed, reputed, taken, and
obeyed in every respect, as the Great Seal of the King of
England for Ireland, until the other had been restored to
the Deputy, who was empowered to appoint its Keeper
during pleasure.
Eitz Eustace, being thus suspended in his Office of
Chancellor, Parliament also repudiated his acts as Trea-
surer, and ordained that Exchequer tallies or assignments
should not be legal, unless assigned and endorsed by the
Lieutenant or Deputy. They also decreed that, if Friar
James Keating, the warlike Prior of Kilmainham, did not
at once, repair the drawbridge of Dublin Castle, his office
should be void, and the Deputy might appoint a Guardian
or Keeper of the Priory of Kilmainham, until the Grand
Master of Rhodes, or the Prior of St. John's of London,
should make a nomination.
Sir Roland Fitz Eustace, Lord Portlester, died December
19, 1496, and no less than two monuments were erected in
his honour. One to the memory of him and his wrife in
New Abbey, Kilcullen, which they founded in 1460. Re-
clining on the covering slab were the figures of Lord and
Lady Portlester. The knight in plate mail with his vizor
raised, Lady Portlester in the costume of the time.1 On
her head she wears the cap called a cornet, bound by a fillet
or frontlet of gold or silver lace wrought with the needle
in no inelegant pattern. This fillet is tied behind, from
which depend long lappets, or rather a kind of veil, which
occasionally could be drawn over. On her bosom is a cross
of pearls. Her gown is of that species called a kirtle,
made to fit close with robings, and made fast by a girdle
1 This account of the Eustace monument, with a very beautiful illustration
I possess, in the Anthologia Hibernica, vol. iii. p. 255.
FITZ EUSTACE, LORD PORTLESTEK. 183
studded with pearl roses. The skirts are plaited in large
and thick folds, and trimmed at the bottom with a flounce.
Her shoes are neat and in the present fashion.1
1 The writer of the above description in A.n. 1760 calls attention to the cir-
cumstance that the kirtle was an English, not an Irish, habit, nor did the Irish
ever wear it. The Irish ladies wore the gunna, or gown, which was a long
loose robs, without sleeves, and we remember Moore's lines —
0 my Kerala's gown for me,
Floating loose as mountain breezes.
Round the outer edge of the lid of the tomb, and surrounding the figures, was
chiseled, in church text, of Gothic character, the inscription, ' Orate pro
anima Rolandi Fitz Eustace de Portlester, qui hoc mo : construxit et fundavit,
et qui ob: die Decemb. 19, A.D. 1496, etiam pro anima Margaretae uxoris suae.'
The lower portion of the monument was also ably sculptured. On one side
were three figures in compartment. In the centre a keener, or mourner, in
the costume of the Irish female peasant. On her head is the cabhin or keveen,
and on her neck and shoulders the shawl or cladlock; her petticoat is also
flounced ; but she has neither a boddice nor kirtle. Over all, even her head,
she wears the Irish faliang or mantle, called also the brattling or Conuaught
cloak. The other figures represent two heralds, in the crown, sword, tunic
and cloak of their office ; also on their heads is the coif worn at funerals.
Other figures were along the opposite side, but too much defaced to be defined.
A monk in the habit of his order, was at one end, and shields of armorial
bearings, surmounted by a rising sun near the corners — perhaps typifying the
Resurrection.
In the old church of St. Audoen, in the Corn-market, Dublin, there is
another similar monument to Lord Portlfster. He built the chapel of the
Blessed Virgin, when he was Lord Deputy. The recumbent figures of Lord
and Lady Portlester on this tomb, now beneath the tower of St. A udoens, are
in good preservation, and very interesting specimens of the costume of the
knights and ladies of the fifteenth century. They closely resemble those on
the tomb in Kilcullen already described.
The following inscription runs round the margin: 'Orate pro anima Rolandi
Fitz Eustace de Portlester, qui hunc locum sine capellum Uedit in honorem
beatse Yirginis, etiam pro anima Margaritse iixoris suae et pro animabus
omnium fidelium defunctorum.'
It was the cross from the roof of this church which, with singular taste,
a prebendary named Cobbe took down, and placed instead a boar's head with
a crown. This was sufficient to provoke, if not to justify, the epigram-
Christ's cross from Christ's Chua-ch cursed Cobbe hath plucked down,
And placed in its stead what he worships — the crown.
Avenging the cause- of the Gadariue people,
This miscreant hath placed a swine's head on the steeple ;
By this intimating to all who pass by,
That his hearers are swine, — and his church but a sty.*
* Gilbert's History of Dnbliu, vol. i. p. K
134
REIGN OF EDWARD IV.
CHAP.
IX.
Bishop
Sherwoud,
Lord
Chancel-
lor.
Bishop of
Meath.
Feuds with
the Earl of
Desmond.
Both com-
plain to
the King.
The Earl
for a time
trium-
phant.
Sherwood
Chancel-
lor.
Precept of
Edward
IV.
Conduct of
Chancel-
lor, &c.
Sittings of
Chancel-
lor,
In 1480, WILLIAM SHERWOOD, Bishop of Meatli, was Lord
Chancellor. This able and distinguished prelate had been
Bishop of Meath for the long period of twenty-two years.
He was consecrated according to the directions of Pope
Pius II. in 1460. I have mentioned that unhappy dissen-
sions prevailed between him and Thomas Earl of Kildare ;
and Ware states a very serious charge against the Bishop,
1 that in 1469 nine of the Lord Deputy's (Earl of Des-
mond's) men were slain in Fingall by the instigation of
the Bishop.' He seems on every occasion in which his
name appears to have been engaged in feud with some of
the race of Fitz Geralds, and the strifes between him and
the Earl of Desmond were such, that as their quarrel could
not be arranged in Ireland, both went to London to the
King, and stated their case, each against the other. Here
it would seem the Bishop had the worst of it, as the Earl
of Desmond returned to Ireland loaded with royal favour
soon to be changed for the headsman's axe. Despite the
refusal of Lord Portlester to recognise the Bishop as
Chancellor he received the seal and executed the office.
When the royal precept, already referred to, was is-
sued in 1480 by King Edward IV. William Sherwood,
Bishop of Meath, was Chancellor, and the precept applies
to this high functionary as well as to the treasurer and
others. ' The articles followeying contayiie the Kyng's
comaundmeiits and plesere how his Chaiiselere of Ireland,
Clerc of the Eolles and the Clerc of the Hauaper ther
shall demene theym there in execntyng of ther offices.
Furste, they and everiche of theres shall well and trewly
serve the Kyng and his liege peple of the same land in
the doying of ther offices. Item, that they ne none of
them shall assent to the hurt damage or alienacioue of ye
Kyng's land, revenues, or rights, but they shall endevoir
themselfe for the vauncying and encresyng therof, and
lette all theym to the best of their powere that wold
attempt the contrary thereof.
' Item, that the sead Chaunseler do sete alweyes in suche
place and tymes, as the Clerc of the Eolles, the Clerc of
BISHOP SHERWOOD, CHANCELLOR. 135
the Hanaper, and other iiiinisteres of ye Chaunsery may CHAP,
be then and their present. ._ V >
'Item, that the sead Chaunseler do delyvere to the Duties.
Clerc of the Rolles all such warrants cummyng to his
handes, so that he may keep them as the Kyiig-'s recordss
according- to his office.
' Item, that the sead Chaunseler sele no pardons under Seal no
the Kyng's Grete Sele unto any man upon his provisione
from the Court of Eome without the Kyng's knowledge or
order.
consent.
' Item, that the Chaunseler in person shall in term tyme Chancellor
make his abiding' in the place wher the Kyng's Courts be near the
kept, unlesse ther be a grete and urgent cause by the Courts.
Depute wyth the advice of the more part of ye Kyng's
Consele it be thought his absence to be allowed.'
Then follow special directions to the Clerks of the Rolls
and Hanaper, the latter to receive the fees of the Seal on
writs, commissions, and patents, and such fines as shall
be made in Chancery, and thereupon pay the Chancellor
his fees, wages, and rewards, accustomed, and pay the
remainder into the King's exchequer, and render an account
yearly. The stamp duty on writs was then set forth ' to
the intent that noone ignoraunce may be pretendit what
fines ben to be made there within the Kyng's Chaunsery.1
Bishop Sherwood did not hold the Seal long. He died Death of
T I
in Dublin on December 8, 1482, and was buried hi the cimncel-
Abbey of St. Peter and Paul, Newtown, near Trim, County lor-
Meath.
The office of Clerk of the Hanaper is of old date in clerk of
Ireland. In this office the writs relating to the suits of Han:!Per-
the subject, and the return thereon, were anciently kept
in hanaperio, a hamper ; while those relating to the crown
were placed in parva baya, a little bag ; whereon arose
the names Hanaper and Petty Bag Offices.
1 Gilbert's Viceroys of IreLnd. Notes to chap. x. p. 594.
136
REIGN OF HENRY VII.
CHAP.
X.
• r '
Ireland
during the
reigns of
Edward V.
and Rich-
ard III.
State of
Religion.
CHAPTER X.
OF THE CHANCELLORS OF IRELAND DURING THE REIGN OF
HEXRY VII.
THE reigns of EDWARD V. and RICHARD III. offer few
points for remark in the Lives of the Irish Chancellors.
The history of those days has little to interest the legal
reader. Strifes among the English settlers and conflicts
of native chiefs proved a great barrier to civilisation. An
able Irish writer thus described this period of our annals.
* At this time, we read, not only of native clans divided
and warring amongst each other; but it is also quite
usual to find the same sept, and even members of the
same family, arrayed as open and irreconcilable. enemies.
Factions, such as these, planted the seeds of perennial
discord, weakened the natural bonds of kindred or friend-
ship, and produced frequent examples of most pernicious
demoralisation ; inviting aggression from without, and
fostering internal enmities, they served to effect and per-
petuate hopeless ruin and national thraldom.' l
The state of Ireland may be inferred from an Act passed
in 1484, reciting that divers benefices and advowsons of
the Sees, were situated amongst Irish enemies, and as no
Englishman could inhabit the said benefices, and divers
English clerks who were enabled to have cure of souls,
were not expert in the Irish language, and such of them
as were, disdained to inhabit amongst the Irish people,
and others dared not, by which means divine service was
diminished and the cure of souls neglected ; it was there-
fore enacted, that prelates might for two years collate
Irish clerks to the said benefices, without any impeach-
1 Catechism of Irish History, p. 187.
SIR THOMAS FITZ GERALD, CHANCELLOR, 137
ment from the King-. Which privilege it was necessary CHAP.
to renew to the Archbishop of Dublin in 1493. - _ i,J _ -
When such was the state of the Church, it is in vain to
look for accounts of the legal tribunals, and the Chan-
cellor, I suspect, was little troubled with equity suits.
A question of much importance was submitted for the Election
consideration of the Irish legal officials. Great doubts justice.
existed respecting the proper manner of electing a Lord
Justice or Governor of Ireland for the time being, in
case of the death or absence of the Viceroy. It was the
opinion of some the election should be made by seven
members of the Council ; others thought it should be by
the spiritual and temporal peers, together with the Coun-
cil, and the most honourable English subjects of the
three counties adjoining Dublin. Lord Grey's Parliament Arrange-
undertook to set these conflicting opinions at rest, by ^™*e°r
enacting that in future, the election of Lord Justice should elections.
be by the majority of an assembly composed of the King's
Council, the Archbishops of Armagh and Dublin, the
Bishops of Meath and Kildare, and all the Parliamentary
Lords spiritual and temporal of Dublin, Meath, Louth,
and Kildare, specially summoned upon fifteen days' notice
to meet for this purpose at Dublin or Drogheda.1
In 1479, on the death of Prince George, Edward IV.
conferred the Viceroyalty of Ireland on his second son,
Eichard Duke of York.
The defeat and death of Eichard III. at Bosworth, Death of
placed Henry Tudor on the English throne. The Geraldines jjj '
and indeed, the most powerful Anglo-Irish, were deeply
grieved at the fate of a son of their beloved Duke of York,
and gave ready credence to the report that the Yorkist Reported
heir to the throne, Eichard, Earl of Warwick, son of the
Duke of Clarence, had escaped from the Tower of London. Karl of
Shortly afterwards a boy of noble aspect and suitable „,
manners was presented to the Earl of Kildare, and other tended
adherents to the House of York as the heir to the English heir<
crown. He was subjected to a strict examination respect-
1 Gilbert's Viceroys of Ireland, p. 406.
138
EEIGN OF HENKY VII.
CHAP.
X.
Sir Thomas
Fitz Ge-
rald Lord
Chancel-
lor.
Promises
of support.
Lambert
Simnel.
Ormond
sides with
HeuryVII.
Aid from
Burgundy.
ing his pretensions, and many questions were asked him.
about the family from which he represented himself as
having descended. He answered all in so satisfactory a
manner, that no doubt remained that he was the young
Earl of Warwick.
In 1483, the Great Seal was intrusted to a lay Chan-
cellor,1 Sir Thomas Fitz Gerald of Laccagh, brother of the
Lord Deputy, and he so entirely believed in the truth of
the representation made, that he received the youth into
his castle, where he was treated with all deference due to
royalty. This naturally induced the adherents of the
House of Kildare, men of high station in Church and
State to wait upon the Earl of Warwick, and they un-
hesitatingly undertook to aid him with their lives and
fortunes. They next sent agents to England and the Low
Countries where Margaret, Dowager Duchess of Burgundy,
sister of the late Duke of Clarence, aunt of the Earl,
possessed great power and influence.
King Henry VII. was soon made aware of these nego-
tiations, and quickly proclaimed i that the youth in Ireland
was a plebeian impostor, named Lambert Simnel.' At the
same time a half-idiotic boy was, by royal command,
paraded through London as the real Earl of Warwick.
This had no effect upon the Irish, who asserted that
Henry Tudor sought to delude the English people by the
counterfeit Warwick. The portions of Ireland which were
ruled by the House of Ormond adhered to the reigning
monarch, while the rest of the Anglo-Irish were zealous
Yorkists, eager to show their zeal in favour of him they
regarded as the youthful Prince. The Duchess of Bur-
gundy declared him her nephew, and provided a force of
two thousand men under the command of Martin Swart,
a leader of high birth and great military skill. The Earl
of Lincoln, Lord Lovel, Sir Henry Bodrigan, John Beau-
moiid, and other English friends of the House of York,
accompanied the army of Swart, and reached Dublin in
1 This is another instance of a Parliamentary grant of the office of Chan-
cellor. Vide Smyth's Law Officers of Ireland, p. 1.3.
SIR THOMAS EITZ GEEALD, CHANCELLOR. . 139
May 1487. Here preparations on a most costly and ex- CHAP.
tensive scale were made for the coronation of the Prince, -^ -
and all was in readiness by the middle of May. The Crowned
ceremony took p]ace in Christ Church Cathedral on Whit
Sunday, May 24, 1487, when the youth was solemnly
crowned as Edward VI. King- of England. The great
officers of State, the Earl of Kildare, Lord Deputy ; Fitz
Simon, the Archbishop of Dublin ; Sir Thomas Fitz Gerald,
the Lord Chancellor; Judges, Privy Counsellors, and others,
renounced their allegiance to King Henry VII., and per-
formed the ceremonies of fealty and homage to the young-
King- of England and Lord of Ireland. The Bishop of
Meath preached on this occasion a suitable discourse, and
the procession from the cathedral to the castle of Dublin
passed along streets crowded with enthusiastic subjects of
the boy King.
War was speedily declared against the usurper, Henry Lord
VII. Sir Thomas Fitz Gerald, of Laccagh, resigned his
office of Chancellor to grasp the sword instead of the Seal for
f 1 1
Great Seal intrusted to Lord Portlester. Sir Thomas was
evidently more conversant with fields of fight than the
contests of the Court of Chancery,' and wielded his weapon
instead of the mace. He commanded a division of the Becomes a
troops, raised in Ireland, for the expedition to England. gen.efal of
The foreign auxiliaries, under Swart, accompanied by the
boy King and his Lords, landed in Lancashire 011 June 4,
1487. Henry was ready to oppose them with a numerous
army. They came in sight of their old foes, near the Battle of
village of Stoke, about a mile from Newark-on-Trent. On Stoke>
June 10, the battle took place, and the Irish troops, though
unprovided with armour of defence, fought valiantly with
the English and German allies. For three hours the
victory was doubtful, and it was not until Swart and the Ex-chan-
valiant Ex-Chancellor, Fitz Gerald, Lord Lincoln, Plunkett, cfn°r
slam.
and the greater number of their forces were slain, to the
number of 4,000, that the numerical strength of Henry's
army won this hard-fought fight.
The young King fell into the hands of the conqueror.
140
REIGN OF HENRY VII.
CHAP.
X.
Fate of
tht1 hoy-
kiiig.
Alexander
Plunkett,
Lord
Chancel-
lor.
The
Phinketts
of Killeen,
How Sir
Thomas
Plunkett
met the
heiress.
He was declared to be the child of Thomas Simnel of
Oxford, joiner. His fate is involved in obscurity, some
writers state he was made a turnspit in the royal kitchen,
others that he was confined in the Tower ; but this was
his last appearance as a royal puppet.
When Lord Portlester resigned the Seals in 149 2, they were
next given to ALEXANDER PLUNKETT,' who appears, by pa-
tent, to have filled the office of Lord Chancellor for some
years. The absence of any judicial records prevent my
giving an account of his abilities as a Judge. Indeed of this
member of the ancient and noble family of Plunkett, I have
•not been able to obtain much information. The services
rendered by Sir Christopher Plunkett, Knight, during the
wars of Ireland, procured him the favour of King
Henry VI., and he was rewarded with a considerable sum
of money. He filled the office of High Sheriff of Meath,
and in 1432 was Deputy to Sir Thomas Stanley, Knight,
Viceroy of Ireland. Sir Christopher married Joan, only
daughter and heiress of Sir Lucas Cusack, Knight, Lord
of Killeen, Dunsany, and Geraldston, in the county of
Meath, and in her right, Lord of Killeen. His grandson
and namesake, Christopher, third Lord of Killeen, married,
as his second wife, Elizabeth, daughter of Sir William
Wells, Lord Chancellor of Ireland in 1461. From this
union the Chancellor, Alexander Plunkett, was sprung.
There is a very interesting account of the way in which
Thomas Plunkett, third son of Lord Killeen, obtained an
heiress for his wife, which I extract from my unpublished
work on ' Ancestral Houses.' !
' While a student of law in the Temple, sauntering
through the Temple Gardens, on the banks of the Thames,
he observed a beautiful young girl washing clothes in the
stream. Attracted by her air of dignity, which appeared
ill-matched with her mean attire, he directed his steps
towards her, taking care that she should not observe him,
and, to his surprise, heard her singing in the dear lan-
1 Patent, June 11, 1494. 7 Hen. VII.
s Ancestr.il Houses: Killeen Castle, by J. R. O'Fhinagan, M.R.I. A.
ALEXANDER P.LUNKETT, CHANCELLOR. 141
guage of his native country, the venerable Gaelic of Erin, CHAP.
an Irish song. The words were music to his ear, for un- . _ \: __.
like the degenerate Irish gentry of onr time, he spoke his
mother tongue, and the names of localities around his
father's historic home gave truthfulness to the statements,
of broad lands belonging as of right to her, that lowly
yet lovely maiden, who sang by the Thames. The song is
thus no less correctly than metrically translated : l —
MARY CRUYS OF RATHMORE. Mary
Cruys of
Ah, Blessed Mary, hear me sighing, Rathmore.
On this cold stone mean labour plying ;
Yet Rathniore's heiress might I name me,
And broad lands, rich and many, claim me.
Gilstown, Rathbeg, names known from childhood;
Fair Johnstown, hard by bog and wildwood ;
Ra-tuaffe (Blackwater near it floweth) ;
And Harton, where the white wheat groweth ;
Kilskier, with windows shining brightly ;
Pilltown, where race the coursers sprightly ;
Bulreask, abundant daisies showing,
Full pails and churns each day bestowing.
Thee, Ballycred, too, mem'ry prizes ;
Old Oristown to mind arises ;
Caultown, near bogs, black turf providing;
Rathconuy in its ' Baron ' priding.
The Twelve Poles, Armabregia follow ;
Kilmainham, of the woody hollow ;
Cruisetown with lake by sunbeams greeted ;
Moydorrygh gay, 'mid fair woods seated.
Still could I speak of townlands many ;
Three score along the banks of Nanny ;z
Twelve by the Boyne, if it were pleasure
To dwell on lost and plundered treasure.
* The young Irish student of the Temple listened with
avidity to the song which floated upwards from the silver
Thames. He was aware that eighteen years ago the last
Lord of Eathmore, Sir Christopher Cruys, had been done The fate of
Sir Chria-
1 Rathmore and its Traditions : Dublin University Mag. Sept. 1854. pT
2 The River Nanny.
142
REIGN OF HENRY VII.
CHAP.
X.
Plunkett
and the
heiress.
His fee.
Becomes
Chief
J ustice of
Ireland.
Ancestor
of the
Duke of
Welling-
ton.
to deatli by his wicked kinsmen, — that his helpless widow
sought safety in flight, and had since given birth to a
daughter, but the kinsmen of the deceased Knight repu-
diated all claims of mother and child, and no one knew
where they lived, or how. And here, down by the
reeds of the river was, no doubt, the lost heiress of
Ratlrmore. The singularity of the discovery, as well as
the desire to redress wrong, so dear to every just rnind,
decided young Plunkett 011 his course. He addressed his
fair countrywoman in the language of Erin — at once a
passport to her confidence — mentioned his name and line-
age— that he was well acquainted with her sad story, and
offered to be the assertor of her rights. The young heiress
was only too happy to enlist such a champion ; she con-
ducted him to their humble abode, and Lady Cruys soon
supplied him with the title-deeds and legal proof of the
identity of the fair singer, Maria Cruys. In process of
time the young Templar was admitted to the bar. He
lost no time in taking the necessary ejectment proceed-
ings to recover the Rathmore estates. It was an excellent
o
opportunity for proving his forensic abilities, and they
fortunately proved equal to the occasion. He recovered
the estates of Rathmore for the rightful owner, and re-
ceived as his fee the lady and her possessions. He brought
his bride in triumph to the ancestral Castle of Killeen,
and a memorial of the visit was erected in the demesne—
a cross sculptured with figures and inscribed with the
names of the successful lawyer and his grateful client—
THOMAS PLUNKETT.
MARIA CRL'YS.
He became Sir Thomas Plunkett, Chief Justice of Ireland.
The eldest daughter of this marriage, Ismay, married
Wellesley of Dungan, county Meath, from which marriage
the Dukes of Wellington are descended.
We must now turn our attention to the condition of
Ireland and see how it was governed. Almost from the
very earliest period in which English rule was exercised
AFFAIRS OF IRELAND. 143
in Ireland, it was administered by the heads of the great CHAP.
Anglo-Norman houses, Fitz Gerald of Kildare and Des- __1^ — -
moiid, Butlers of Ormond, De Burghos of Clanrickarde, How the
De Lacys, St. Lawrance, and other potent lords, who ment was
ruled according1 as they had power to influence or thwart adminis-
tered HI
the Lord Deputy. In return for the assistance they reri- Ireland.
dered the English Government by their influence with
the Parliaments, they stipulated for the filling- of offices,
for titles, pensions, and preferments, lay and ecclesiastical.
This caused them to be named Undertakers., and if their
demands were considered unfair or impossible for compli-
ance, every influence was used to perplex and baffle the
Executive, and force granting of their requests.
Matters stood thus for a considerable period until the
accession of a wise statesman, King Henry VII., who, Accession
when the battle of Bos worth made him truly sovereign of
England, took the first opportunity to examine closely into
the affairs of Ireland. As in England he found the power of
the Crown almost eclipsed by that of the Privy Council,
composed of the highest in rank of Church and State, men
most distinguished by personal or professional worth ; so
in Ireland, the power of the Privy Council not having any
check from the presence of the Sovereign, often over-
ruled the Deputy and controlled the Parliament. ' To be
a member of the Privy Council was an honour that was
courted ; while to be a member of the Parliament was a
burden that was shunned.' 1
He determined to change this state of affairs ; to make
the people more free and less dependent on their Lords than His Irish
they had been. Einding this impossible under the exist- llollcy-
ing laws and customs in Ireland, when the Chief Governor
and Council, or the Chief Governor alone, called Parlia-
ments and imposed subsidies, whereby the obedient sul->-
jects were weakened and impoverished, and complaints
were made by members of both Houses, of the great expense
they were forced to incur in travelling to the capital or
1 Mason's Essay on Parliaments in Ireland, p. 62.
144
REIGN OF HENRY VII.
CJI IP.
X.
^ ,-^f
SirEdward
Poynings
Lord De-
puty.
Poynings'
Parlia-
ment at
Drogheda.
Poynings'
Law
wherever else the Parliament assembled, the King resolved
upon a change. He accordingly sent Sir Edward Poynings,1
' a right worthy servitor in war and peace,' to repel
Warbeck and meet the Parliament. He landed at
Howth on October 13, 1494, and called a Parliament
which met at Drogheda, 011 December 1, 1494. Herein
was passed the celebrated Statute X. Henry VII., ' whereby
it is enacted that all statutes late made within the realm
of England concerning or belonging1 to the common weal
o o o o
of the same, from henceforth be deemed good and
effectual in the law, and such that be accepted, used, and
executed within the land of Ireland in all points, at all
times requisite, according to the tenor of the same. And
if any statute or statutes have been made within the said
land heretofore to the contrary, that they and every of
them be made void and of none effect in the law.'
By this statute all the fundamental laws of England
were transferred to Ireland. This is eulogised by Lord
Coke as ' a right profitable Act of Parliament.' The
Lord Deputy not content with this desired to go further,
and accordingly a law was made, which at once made the
Parliament of Ireland dependent on and subject to the
Kino- and Council of England. This famous law, known
O o *
as Poynings' law, enacted ' that no Parliament be holdeii
hereafter in the said land, but at such season as the
Kind's Lieutenant and Counsaile there first do certifie the
O
King under the Great Seale of that land, the causes and
consideration and all such Acts as there seemeth should
pass in the same Parliament ; and such causes, considera-
tions, and Acts affirmed by the King and his Counseile to
be good and expedient for that land, and his license there-
upon, as well as in affirmation of the said causes and Acts
as to summon the said Parliament under his Great Seal of
1 He was son of Robert Poynings and Elizabeth Paston. Sir Edward was
an active supporter of the Tudor dynasty. The King gave him many proofs of
his favour. He was a Privy Councillor, a Knight of the Garter, had a command
in Flanders, and with Warham, Archbishop of Canterbury, went as Ambassador
lo the Emperor Maximilian. He was sent to Ireland as Deputy for Prince
Henry, afterwards King Henry VIII.,
AFFAIES OF IRELAND. 145
England had and obtained ; that done, a Parliament to be CHAP,
had and holdeii after the form and effect afore rehearsed ; ^ "/ _^
and if any Parliament be holden in that land hereafter,
contrary to the form and provisions aforesaid, it is to be
deemed void and of none effect.' ' The effect of this
clause,' observes a very eminent Irish lawyer,1 'was to
place a bridle in the mouth of the Irish Parliament, and
subjugate alike the Lord Deputy, the nobles, and the com-
moners to the will of the King's Council at Dublin and
London.'
As for any Parliament which was assembled either before
or after the passing of Poynings' law, being the Parlia-
ment of the entire nation of Ireland, we may venture to
assert it never was so, for to the reign of James I. it was
almost entirely confined to the colonists under English
rule, and from the time of James I. to the Union in 1800,
it was, with few exceptions, elected by Protestants. The Effect of
inconvenience of this course initiated by Poynings' law
was strikingly illustrated by a Bill returned to Ireland,
altered in seventy-four places, which had been successively
revised by Lord Thnrlow when Attorney-General, by Lord
Koslyn when Solicitor-General, and by Mr. Maciiamara.
The Bill so changed was rejected by the Irish House of
Commons, so all labour was lost. Owing to the want of
a Renewed Revenue Act, from the inevitable delays of
transit, the Irish merchants for some time imported duty
free ; I dare say they prayed for contrary winds.
It was also enacted by this Parliament, that all royal
grants made during the previous 168 years be revoked. yoked.
This placed most of the titles and properties of the nobles
at the King's disposal. The ancient war cries2 of the great "War
rival houses of Fitz Gerald and Butler, as well as of the
ancient Milesian families, were henceforth proscribed under
severe penalties, and in lieu thereof men should call on
St. George, or the name of the King of England, None
1 Vide Life and Death of the Irish Parliament, by the Right Hon. James
"\Vhiteside, p. 20.
'-' See note on Irish war cries in Haverty's valuable ' History of Ireland,' p. 339.
VOL. I, L
146
REIGN OF HENRY VII.
CHAP.
X.
Irish to be
excluded
from office.
Peers to
•wear
robes.
Walter
Fitz Simon
Lord
Chancel-
lor of
Dublin.
Equitable
jurisdic-
tion of
Chancery.
The early
career of
Fitz
Simon.
Elected
Arch-
bishop
of Dublin.
but Englishmen were to be admitted as Priors of Hospi-
tallers in Ireland, or intrusted "with the custody of any
royal castle there, under a penalty of five pounds for each
offence. The Lords spiritual and temporal were enjoined
to appear in every Parliament in their robes, as the Lords
of England. The reason assigned for this was, 'that
during the space of twenty years the English Lords of
Ireland had, through penuriousness, done away the said
robes, to their own great dishonour, and the rebuke of all
the whole land.' Poynings shortly had other duties to
perform than those of a legislator. In 1495, he was sum-
moned to Waterford, where Perkin Warbeck had landed.
The Deputy signally defeated him, and returned to Eng-
land in 1496.
During the years 1494-5, HENRY DEAN, Bishop of
Bangor, appears to have been Lord Chancellor of Ireland.
In 1496, WALTER FITZ SIMON, who had been for many
years Archbishop of Dublin, became Lord Chancellor of
Ireland. At this period the equitable jurisdiction of
Chancery was making very considerable progress. The
doctrine of uses and trusts was settled, and where no action
could be maintained at law by the party beneficially en-
titled in the case of a feoffmeiit to uses for breach of duty,
the Chancellor proceeded by subpoena to compel the
feoffee to perform a duty binding in conscience.1
Walter Fitz Simon was a Precentor of St. Patrick's
Cathedral, and sat as proxy in the Parliament of 1478.
In this year King Edward IV. constituted John De la
Pole, Duke of Suffolk, Lieutenant of Ireland for twenty
years. The power of the English was then so limited, that
the Archbishop of Dublin could not visit those churches
and prebends which lay 011 the borders of the adjacent
Irish territories, where the jurisdiction of the Crown of
England was not recognised.
On June 14, 1484, Walter Fitz Simon was elected Arch-
bishop of Dublin, which was ratified by Pope Sextus IY.,
and on being duly licensed by the King, he was conse-
1 Saunders on Uses, p. 20.
WALTER FITZ SIMON, CHANCELLOR. 147
crated in St. Patrick's Cathedral, on September 26, follow- CHAP,
ing. This solemnity usually took place in the Convent of
the Holy Trinity, or Christchurch, for D' Alton relates :— Conse-
* On the preceding day, the Dean, Chancellor, and Trea- ^"g®
surer had solicited the consent of the Prior and Convent Patrick's.
of the Holy Trinity that this ceremony should take place
in St. Patrick's ; but they were refused, in consequence of
which, a dispute took place that lasted until the evening,1
but the ceremony was permitted to be solemnised the
following day.
The Archbishop was among the Irish officials who
were imposed upon by Lambert Simiiel, as 1 have re- Renews
lated already, and he thereby incurred the marked dis- lus aUeS1-
J auce.
pleasure of King Henry VII. In the year, 1488, the
Archbishop of Dublin was among those who were per-
mitted to renew their allegiance and receive pardon Also the
through Sir Richard Edgecombe, for having favoured ^\ ot
' Kildare.
Simnelj while the Lord Deputy, the Earl of Kildare,
being regarded more guilty, from his position and autho-
rity, had to take the oath with the utmost solemnity.
This he did in the church of St. Thomas' Abbey, with his
rio-ht hand extended over the sacred host. "When mass
n
was concluded the Archbishop chanted the Te Deum,
which was sung by the choir, and accompanied by the
pealing organ, while all the church bells continued to The Arch-
rillP' 2 bishop
named
In 1492, his grace Archbishop Fitz Simon was appointed Deputy.
Deputy to Jasper Duke of Bedford, in place of Gerald He endea-
Earl of Kildare. This appointment was ratified by the vo?rs to,
J reform the
King. He made good use of his authority by endeavour- Irish.
ing to excite industrious habits amongst the people, and Younger
represented to the King ' how idly the younger sons of
rich families spent their time ; who learned no trade, nor
qualified themselves by study for any liberal profession,
but lived in a state of dependance on the elder brother,
or head of the family, and so became useless to the com-
monwealth ; and, as for the bulk of the common people, The
classes.
1 Mason's St. Patrick, p. 139. - Harris'? HiV.ernica. part i. p. 33.
L -2
148
REIGN OF HENRY VII.
CHAP.
X.
Idleness.
Vagrants.
A Parlia-
ment.
Fitz Simon
got^s to
the
they lived in sloth and indolence on account of the great
plenty of all kinds of provisions that the land naturally
produceth, and for this they neglect to labour; that it is
a greater charity to find work for them, than to relieve
them from door to door ; for that one is acceptable to God,
profitable to the Commonwealth, and healthful to the body,
whereas idleness is the root of all evil.'
This prudent letter from the Archbishop induced King
Henry to issue orders against mendicancy. He caused a
Proclamation to be made, ' that none should be suffered
to wander about the cities, towns, or boroughs of Ireland,
without a certificate from the Mayor, Bailiff, or Seneschal
of the places where they were born, by which means every
town kept their own poor, and a workhouse was erected
in each locality for the paupers to work in. The Arch-
bishop appointed beadles for the purpose of enforcing this
regulation, who were to keep watch over the cities, towns,
and parishes, to keep beggars out and take up strangers.'
In 1493, the Archbishop, while Viceroy, held a Parlia-
ment at Dublin, in which all the inquisitions before that
time found against him on the instigation of Roland,
Lord Portlester, were declared void, while, at the same
session, all grants, annuities, leases, &c., made by this
prelate were annulled.
Fitz Eustace, who was father-in-law of the Earl of
Kildare, was removed from the office of Treasurer, which
was conferred on Sir James Ormoiid, and Fitz Eustace
directed to produce and authenticate the accounts of the
revenue for forty years, during which time he held the
post of Treasurer of the colony.
The King requiring information respecting Ireland,
sent for the Archbishop, and Lord Gormanstown was
named Deputy in his absence. He departed for England,
and laid before the King a full account of his government
of Ireland and the state of the kingdom. We may pre-
sume he was very severe upon the doings of the Earl of
Kildare, for close 011 his visit followed the impeachment
of that nobleman.
WALTER FITZ SIMON, CHANCELLOR. 149
Previous to the Archbishop's departure from Ireland, he CHAP,
delivered his crozier to Richard Skerrit, Prior of Christ -_ V _^
Church, to whose custody it appertained. His reception Reception
in the Court of the King was befitting a royal favourite, yn
and Stanyhurst relates an instance of his familiarity with
his Sovereign. Being present when an oration was made
in the King's praise, at its conclusion King Henry asked
the Archbishop his opinion of it. 'If it pleaseth your
Highness, it pleaseth me," replied the courtly prelate. 'I
can find no fault but that it natters your Majesty too
much.' ' Now in good faith,' said the King, ' our father
of Dublin, we were minded to find the same fault our-
selves.'
In 1494, the King appointed his son, Henry Duke of Prince
York, afterwards Henry VIII., Lord-Lieutenant of Ireland, ^£^f
and, greatly desiring that justice might in all particulars York,
be administered in the right track, and confiding in the Henry"
allegiance, diligence, integrity, conscience, experience, and XIIL>
\ ] CGro v
learning of Archbishop Fitz Simon, appointed him Lord Fitz Simon
Chancellor.1 Lord
The equitable jurisdiction of the Court of Chancery may iOTi
be traced from the time of Richard II., when the practice Early
of referring matters to the Chancellor was in use. The
writ of subpoena, to compel an appearance by the defen- tion of
daiit, added much power to the authority of the Chancellor, ial
and the formula of ' Bill and Answer ' was deemed much Subpoena.
more effectual than the petition to be heard ore tenus. Bill and
It was not, however, until the reign of Henry VII. that '
L^ses and
the equitable jurisdiction of this Court made its greatest trusts.
stride. Then it became settled law, that there being a
feoffment to uses, the person beneficially entitled could
not, on violation of the trust, maintain an. action at com-
mon law. Thereupon the Chancellors determined they
would compel the faithless trustee to perform the duty
binding upon his conscience, and, in process of time, the
remedy was extended against his heir and assignee, with
notice of the trust. But it was not considered equitable to
1 Patent, August 0, 1496. 11 Hon. VII.
150
REIGN OF HENRY VII.
Chancellor
holds a
synod.
Licence to
build an
hospital.
He ceases
to be Chan-
cellor.
Lord
Deputy.
Again
Lord
Chancel-
lor.
Dies in
1511.
Eiiried in
St. Pa-
trick's.
Irish
Statutes
extend this remedy against a purchaser of the legal estate
for valuable consideration without such notice. Equity
pleadings soon became as intricate as those of law, and we
have some curious specimens on the Rolls of the time of
Queen Elizabeth, to which I shall hereafter refer.
Although his Court occupied a good share of his time,
the Chancellor did not neglect the affairs of the Church.
In 1594 he held a provincial synod in the Church of the
Holy Trinity, when an annual contribution for seven years
was settled by the clergy of the province for the lecturers
of the University in St. Patrick's Cathedral.1
On May 19, 1497, he granted to John Alleyne, Dean of
St. Patrick, licence to build an hospital for the poor, and
assigned ground for the purpose in Kevins Street. All
the poor therein lodged were required to pray for his soul,
as the principal founder, and for the souls of the Dean,
his friends, and successors for ever. This hospital was
not intended for the indiscriminate poor, but such as were
pfood Catholics, of honest conversation, of the Eno-lish
O 7 ? CJ
nation, and chiefly of former settlers in the dioceses of
Dublin and Meath, named Allen, Barrett, Begg, Hill,
Dillon, and Rogers. Out of these classes the Dean and
Chapter of St. Patrick were to have the right of selection
without fee or reward.2
In 1498 some changes took place among the State officials
in Ireland which led to Archbishop Fitz Simon relinquish-
ing the Great Seal to the Bishop of Meath. In 1508 he
was appointed Deputy to Gerald Earl of Kildare, and the
following year was again Chancellor.3 He was Archbishop
of Dublin until his death, which took place at Finglas,
near Dublin, on May 14, 1511, having tilled the See of
Ireland's capital for the long period of twenty-seven years.
His remains were brought to St. Patrick's Cathedral, and
honourably interred in the nave. Historians characterise
this prelate as a man of great gravity and learning.
Among the Acts of the Irish Parliament during the
1 Allen's Registry, f. 105.
- Mason's St. Patrick, p. 142. 3 Patent, 1509.
1 Hen. VIII.
WALTER FITZ SIMON, CHANCELLOR. 151
reign of Henry VII. we find some description of the social CHAP,
state of the kingdom. An Act restraining carrying hawks
out of Ireland, enacted ' Whatsoever merchant should take passed in
or carry any hawk out of the said land of Ireland should Of
pay for every goshawk, 13s. 4tZ. ; for a tiercel, 6s. 8d. ; for
a falcon, 10s.'
There was a law passed on the representation of the
Dean and Chapter of St. Patrick's Cathedral, that the
rivers and podells were so stopped up, the close was con-
stantly flooded, for remedy whereof every householder
upon the podell was obliged to cleanse and scour the said
precincts, within two months after the passing of the Act,
upon pain of 20s., to be levied by the Proctor of St.
Patrick's. Then came an Act against Provisors to Rome.
An Act for the Confirmation of the Statute of Kilkenny.1
An Act that every subject worth Wl. shall have an English
bow and a sheaf of arrows. An Act against the use of
Irish war cries. This has already been brought before
the reader.
I subjoin specimens of the cries or war-shouts of the
Irish, and the Anglo-Normans who adopted Irish cus- cries,
toms : —
That of the O'Neils \vas, Lamb dearg abu — Hurra for the Red Hand.
,, O'Briens Lamb laider an uacihor — The strong hand upper-
most.
,, MacSwynys — Battailah aim — Hurra for the noble staff.
,, Fitz Geralds of Kildare — Crom abu — Hurra for Crom.
., Fitz Geralds of Desmond — Sean ait abu — Hurra for the old place.
„ Bourks of Clanrickarde — Gal ruadh abu — Hurra for the red
stranger.
„ Fitz Patricks — Gear laider abu — Hurra for the sharp and strong.
„ Ileffernans — Ceart na suas abu— Hurra for the right from above.
,, Husseys, Barons of Galtrim — Coir dircach abu — Hurra for strict
justice.
,, Knight of Kerry — Farre buidhc abu — Hurra for the yellow men.
1 Vide excellent observations on the notorious Statute of Kilkenny, and on
the misgovernment of Ireland under Anglo-Norman rulers, in the Life of
Edward III., by W. Longman, vol. ii. ch. i.
152
REIGN OF HENRY VIII.
CHAP.
XI.
English
Laws
limited to
the pale.
Their
operation
extended.
Henry
obtains the
Royal
title.
William
Eokeby
Lord
Chancel-
lor.
His
family.
CHAPTEE XL
LORD CHANCELLORS OF IRELAND DURING THE REIGN OF
KING HENRY VIII.
PREVIOUSLY to the reign of King Henry VIII. the English
laws had been limited in operation and partial in execu-
tion throughout Ireland. Their influence rarely extended
beyond the pale, and they were not always observed even
there ; while only a few Irish families were considered
entitled to the benefits they were supposed to confer. We
shall find a considerable change speedily taking place.
Chiefs of clans were induced by Henry to become subjects
of the English Crown ; to attend Parliament ; to give up
the Brehoii code for the laws and Constitution of England,
while the title of Lord of Ireland, heretofore borne by him
and his ancestors, was exchanged for the more royal title
of King. The Superior Courts and the Court of Chancery
began to assume more extended jurisdiction, and the com-
mon law of England was generally resorted to, instead of
the ancient laws of Erin.
Archbishop Fitz Simon having relinquished the Seals in
1498, the King conferred them on WILLIAM EOKEBT, who
had a high reputation for learning, piety, and wisdom.
The new Lord Chancellor was descended from an ancient
and honourable house, which most probably derived its
name from Eokeby in Yorkshire. The practice of in-
dividuals taking names from their birth-place was quite
common in former times. The family had considerable
success in gaining good places in Ireland, for we find the
Lord Chancellor's brother, Sir Richard Eokeby, filled the
office of Lord Treasurer.
William, born in Yorkshire,1 was early designed for
1 Wood's Athense Oxoniensis, vol. ii. p. 713.
Y^ILLIA-M ROKEBY, L'HANCKLLOK. 15o
a religious life, and the rudiments of his education are CHAP.
X" T
stated to have been acquired at Eotherham, where he was a , ! J .
diligent student. Here he became a good classical scholar, William
and already gave promise of a distinguished career, by for th«T
his steady and persevering industry. When sufficiently Church.
master of Latin and Greek, William Kokeby was removed Hls educa-
7 •> tion.
to a house for the reception of canonists in Aldgate,
London, and he gladly availed himself of a well-stored
library which existed in that studious retreat. His fami-
liarity with advanced classic authors enabled him to make
a distinguished university career. He graduated at Oxford, University
became a Doctor of Common Law, and, in 1487, while yet
young, he was presented by the monks of Lewes to the First pre-
rectory of Sandal, near Doncaster. This spot became for
many years his constant residence, and to his last hour he
appears to have been greatly attached to it. Although
the fortunes of a varied career compelled him to reside far
from his beloved Sandal, this was the spot to which, at
the close of his life, his cherished local recollections
turned, and here he resolved, when the living spirit ceased
to animate his body, his remains should rest.
After a lapse of ten years from his first preferment, in Bishop of
1487, he was advanced to the vicarage of Halifax, thence Meath-
to the bishopric of Meath and high dignity of Lord Chan- Lord
cellor of Ireland.1 The duties of the Court of Chancery
were then beginning to acquire considerable importance
in a judicial point of view, and were well discharged by
Dr. Rokeby.
On the death of Archbishop Fitz Simon, in 1511, the Arch-
Pope, Julius II., severed the tie which bound Dr. Eokeby
to Meath, and he was appointed successor to Fitz Simon in
the Archbishopric of Dublin. King Henry VIII., who Accession
succeeded his father, on April 22, 1509, retained the
Chancellor in that office,2 which was vacated by the
demise of the Sovereign. He was well suited to his
position, and acted the part of arbitrator as well as judge.
His wisdom and moderation brought about the settlement
1 Pat. 1498. 13 Hen. VII. '- 1509. 1 Hen. VIII.
154
REIGN OF HENRY VIII.
CHAP.
XI.
Provincial
synod.
Unclerical
sports.
Condition
of the
Clergy.
of disputes of long standing between successive Arch-
bishops of Dublin and the Dean and Chapter of St.
Patrick's.1 He seemed in every respect, by learning and
legal knowledge, well fitted for the Court of Chancery;
and as the chief object of Judges at this period, in Eng-
land as well as in Ireland, was to enforce penal laws for
revenue purposes,2 his Court was largely sought, as his
decisions were consonant to the dictates of conscience.
The Seal, having passed in 1513 to Sir WILLIAM COMP-
TON, was restored to Archbishop Rokeby in 1515, who
then held it for many years. In 1518 he convened a pro-
vincial synod, which had solely reference to ecclesiastical
matters. The canons have been extracted from the red
book of the Church of Ossory, and published by Sir Henry
Spelman.3 They enjoined due examination of persons from
Coiinaught and Ulster, previous to admission to the priest-
hood ; the payment of tithes, proxies, and burial fees ; the
discontinuance of tin chalices at the celebration of the
Mass ; the appraisement of the goods of intestates by two
valuators appointed by the Bishop ; prohibited the disposal
of the property of the Church by laymen without the con-
currence of the clergy ; and the playing at football by the
clergymen under the penalty of 3s. 4d. to the ordinary, and
3s. 4id. to the repair of the parish church. These regula-
tions show the condition of the Irish churches in remote
districts, where we may suppose the clergymen not very
learned, and where the use of tin chalices denotes the
poverty of the Church. In the provinces, at far earlier
times, there must have existed considerable wealth and
taste in Church adornment, as is evidenced in the relics of
Celtic art preserved in the Museum of the Royal Irish
Academy, therefore we should not have expected a prohi-
bition against tin chalices. Perhaps these humble altar
vessels, used for most sacred purposes, were employed in
1 Mason's St. Patrick, p. 143.
• Lord Campbell's Lives of the Chancellors in England, vol. i. p. 425.
3 Concilia, t. ii. p. 726.
WILLIAM ROKKBY, CHANCELLOR. 155
very poor districts, in which the poverty of the parish was CHAP.
unable to procure costlier sacramental plate.
The very high penalty attached to the recreation of
football, shows that the taste for ' muscular Christianity '
is of ancient date, and must have been carried to excess to
cause its prohibition. I can well understand the necessity
of preserving due respect for the minister of the Church
by his flock, which must be lessened in the rude shocks of
a game of football.
In this year, 1518, the Archbishop confirmed the esta- Clerical
blishment of a clerical college, founded at Maynooth by Maynootb.
Gerald Earl of Kildare, and modelled the rules for its
government. l
In 1520, the old family feuds of the houses of Eitz The Fitz
r~* i 1 1
Geralds of Desmond, and Butlers of Ormond, reached such an(^
a height that the Chancellor was dispatched by the Lord Butlers-
Deputy and Council to Waterford, ' for the pacifying of
such discords, debates, and variances, as existed between
the Earl of Desmond and Sir Piers Butler.' The dissen-
sions between these powerful nobles materially weakened
the English rule in Ireland. Henry VIII. was well aware
of this. Writing to his Viceroy on the subject, he says : King
' And right comfortable news it should be unto us to hear toe^J
and understand of a good concord betwixt them, so that Viceroy.
they, being 'so pacified, might, with their puissances, join
and attend personally with and upon you, our Lieutenant,
for your better assistance in repressing the temerities of
our rebellious Irish enemies.' The fatal policy, too long Un-
practised by England in dealing with Ireland, of arraying j
race against race, and creed against creed, is disclosed in
this document.2 ' Now, at the beginning, political prac-
tices may do more good than exploit of war, till such time
as the strength of the Irish enemy shall be enfeebled and
diminished ; as well by getting their captains from them,
as by putting division among them,, so that they join not
toy ether.'
1 Mason's St. Patrick, p. 144.
- State Piipers, temp. Henry VIII., vol. ii. p. .'J4.
156
KEKiN OK HENRY VIII.
CHAP.
XI.
Mortuary
chapel.
The Irish Viceroy at this period was an accomplished
English nobleman, Thomas Howard, Earl of Surrey, Lord
Lieutenant in 1520. The following beautifully written
account of his character shows his great qualities : ' Excel-
lent in arts and arms, a man of learning, a genius, and a
hero ; of a generous temper, and a refined heart, he united
all the gallantry and unbroken spirit of a rude age with
the elegance and grace of a polished era. With a splen-
dour of descent, in possession of the highest honours and
abundant wealth, he relaxed not his efforts to deserve dis-
tinction by his personal worth. Conspicuous in the rough
exercises of tilts and tournaments, and coinmandinsr
•^ ™
armies with skill and bravery in expeditions against the
Scots under his father, he found time, when our literature
was rude and barbarous, to cultivate his mind with all the
exquisite spirit of the models of Greece and Koine ; to
catch the excellences of the revived rnuses of Italy, and
to produce in his own language compositions which, in
simplicity, perspicuity, graceful ornaments, and just and
natural thoughts, exhibited a shinino- contrast to the
O 7 O
works of his predecessors, and an example which his suc-
cessors long attempted in vain to follow.' '
This accomplished statesman soon found the Irish
Government was beset by difficulties ; that as only a small
portion of the country submitted to English rule, 110
general system of action could be effected unless the
whole country was brought under subjection, and to effect
this the available resources of England were insufficient.
By his wise and conciliatory polic}* he served the English
interests well during his short stay. He returned to Eng-
land in 1521, and Piers Butler became Lord Deputy.2
The judicial functions of Lord Chancellor Eokeby were
limited, and my materials do not enable me to describe their
nature. He was declining in health, and finding the end
drawing near as the year 1521 was approaching its close,
he prepared for his departure hence. He was resolved
each of his English preferments should retain portions
Sir Egerton BrvJges.
- Catechism of Irish History, p. 203.
NICHOLAS LORD HOWTII, CHANCELLOR. 157
of his remains. He erected a mortuary chapel at his CHAP.
favourite church of Sandal, which is described as a fabric - _ 1
of singular beauty ; the most perfect existing- specimen of
what the sepulchral chapels of former times used to be.1
He directed a stone monument, with an inscription to be
placed thereon ; also that another mortuary chapel should
be built under the inspection of his executors and church-
wardens at the south side of the Church at Halifax, and
that therein a tomb also be erected over his heart and
bowels, on which was to be placed his statue, with a
similar inscription to that of Sandal. And as he had JIjs last
obtained an indulgence for the parish of Halifax, and the liyu
parishes thereunto adjoining, for eating white meats in
Lent; he willed that his executors, a,t their discretion,
should solicit for a renewal of the said licence sub plumb o,
the profit thereof to be employed on- a priest to sing- at
Halifax, in his new chapel, as long as may be, by the
advice and discretion of his executors, and the church-
wardens ; and that a doctor of divinity may have ten
pounds to be occupied in preaching, &c. An abstract of
his will is given in the ' Athense Oxonienses.' He styles
himself Archbishop of Dublin, and perpetual Vicar of
Halifax ; and orders that when dead he should be ein-
bowelled, his bowels and heart buried at Halifax, and his
body at Sandal. After his death on November 29, 1521, Death.
his wishes were carried into effect.2
The words inscribed on his monument at Sandal were :
' Ego Willielmus Dublin, Archiepiscopus, quondam Rector
istius Ecclesise, credo quod Redemptor meus vivit — qui
obiit — cujus animee propitiator Deus. Amen. And at Hali-
fax : ' Hie jacet Willielmi Rokeby nnper Dublin. Archi-
episcopi & Vicarii perpetui istius ecclesise, qui credo quod
Redemptor meus vivit.'3
Sir NICHOLAS ST. LAWKENCE, Lord Howth, was appointed The
Lord Chancellor of Ireland, in 1509. History and tradi- f 'Sl
r
1 D'Alton's ArehLishops of DuMin, p. 181.
2 Hunter's South Yorkshire, vol. i. p. 200.
3 Athense Oxon.. vol. ii. p. 717.
158
REIGN OF HENRY VIII.
Agreement
between
the two
knights.
The
bridge of
Evora.
Howth.
Sad plight
of Sir
Amoricns
Tristram.
tion, lays and legends, combine to give the Lords of Howth
an abiding place in the annals of Ireland, The original
family name was Tristram, and it is related that when
the Anglo-Normans invaded Ireland, Sir Amoricns Trist-
ram, with his brother-in-law and companion-in-arms, Sir
John De Courcy, arrived at Howth, A.D. 1177. De Courcy
received letters patent from Henry II. , entitling him, his
heirs or assigns, 'to enjoy in Ireland all the land he could
conquer with his sword, reserving to the King homage
and fealty.' According to tradition, while in Normandy,
these two knights entered into a solemn compact, in the
Church of Notre Dame, at Rouen, to assist each other in
acquiring territory in foreign lands, and to share equally
whatever wealth they should acquire by conquest. On
reaching Howth, De Courcy was unwell, and was obliged
to remain on board ship; so Sir Amoricus disembarked
with the troops. They were met on landing by a party of
the Irish, who resisted their progress at the bridge of
Evora, where the mountain stream falls into the sea. The
opposing troops fought on the north side of the promon-
tory, nearly opposite the small island of Ireland's Eye.
The battle was long and stoutly maintained on both sides,
but went in favour of the invaders; and the King, to
reward the valorous knight, allotted him the land of
Howth. The tenure was subsequently confirmed by let-
ters patent from King John, which are still extant.1 After
this gallant commencement the two warriors reduced the
province of Comiaught to subjection ; but in 1189, when
De Courcy was removed from the Government of Ireland
by King Richard I., Sir Amoricus, then in Connaught,
being attacked by O'Connor, king of that province, with a
large force, while the Norman, knight had only two hun-
dred men-at-arms and thirty horse, these latter, seeing
the vast disproportion of numbers opposed to them, ap-
peared desirous of seeking safety by flight, Sir Amoricus
thus harangued his little army in these heroic words :—
1 A fitc-siiitife was engraved for the Report of the Commission on Public
Records. Ireland, appointed l>y George III.
NICHOLAS LORD HOWTII. CHANCELLOR. 159
{ Who will may save his life by flight on horseback, if he CHAT.
can ; but, assuredly, my heart •will not suffer me to leave
those, my poor friends, in their necessity, with whom I Spirited
would rather die in honour than live in dispraise. But to £0 his8*
all those that will stand this day I can say no more than troops,
this ; as our lives shall tog-ether depart, so shall my soul
accompany with yours to the latter day ; and in doing*
this, I give you all my most humble thanks, and this day
will live and die in the field. And, my worthy fellows and
friends, all bear witness with me the latter day, that to
God I render and yield my soul, my service to my natural
Prince, my heart to my brother,1 Sir John Courcy, and his
wife ; my force, might, pain, and good-will, to my poor
friends and fellows here.' This he spoke kneeling, and
kissing the cross of his sword thrust it through his horse,
saying, ' he should never serve against them, with whom
he had so truly and so worthily served afore.' 2
Then every horseman in his band dismoiinting, did the same, jjjs
And in that company no steed alive was left lint twain, example
On one there rode De Courcy' s squire who came from Ulster wild, followed.
Upon the other yoting Oswald sate, Sir Tristram's only child.
These two were placed on a hill, and alone survived the TWO
slaughter of that disastrous day. escape.
The name of St. Lawrence was acquired by a member Name
of this familv having gained a victory at Clontarf, which *'f St
& J Lawrence.
he attributed to the intercession of St. Lawrence, on
whose festival the battle was fought. It has since been
retained as the surname of the Lords of Howth. This
family, for many generations, have zealously maintained
what has been called the English interest in Ireland, and
held a high position as Lords of the pale.
Nicholas, the sixteenth Baron of Howth, was the eldest parPnts nf
son of Eobert, the fifteenth Lord, a nobleman of consi- th(e Lord
derable abilities, who filled several offices connected with lor.
the Government of Ireland. He had married Joan, second
daughter of Edward Beaufort, Dnke of Somerset, by
whom he had four sons and two daughters. Of these sons
1 Brother-in-law, and in ainib. : Burke's Peerage, title Howth.
160
REIGN OF HENRY VIII.
CHAP.
XI.
^__ -
His
father's
career.
Exploits.
Lord
Chancel-
lor.
Death.
Nicholas was the eldest, and had excellent opportunities
of acquiring habits of business under his father, who, on
February 22, 1467, was intrusted with the responsible
office of Chancellor of the Green Wax of the Exchequer.
Robert Lord Howth was one of the thirteen distinguished
nobles who, in the reign of Edward IV., were elected
Knights of the Brotherhood of St. George in Ireland,
associated to defend the pale. This institution did not
last more than about twenty years, as the taxes requisite
for the support of the troops became obnoxious, and the
organisation failed in the object for which it was founded.
The exploits of Nicholas Lord Howth, as may be sup-
posed, are better known in the military than the legal
annals of Ireland. He led the bill-men1 on foot at the
well-named battle of Knocktough (hill of slaughter), in
Connaught, fought 011 August 19, 1504. This is described
by the historian as the most bloody battle that stains
the Irish annals.2 Such was the vehemence and obsti-
nacy of it, that at a great distance from the field might
be distinctly heard the violent attack of the martial
chiefs ; the vehement blows of the champions, the des-
perate charges of the royal heroes, the voice of the nobles
running through the ranks, the clamour of the troops
when thrown into confusion.3 The Lord Justice gained
the victory, but clearly with great loss. This was rather
rough training of Lord Howth as an Equity Judge. His
Lordship was appointed Lord Chancellor of Ireland in
1509;4 and as we may take it for granted his decrees
were just and satisfactory, dismiss him from further
detail. As in the case of so many who held the Irish
Seals, the legal inquirer can find no trace of his career.
Ex-Chancellor Lord Howth died in 1526, and was suc-
ceeded by his eldest son (Christopher), by his first wife,
daughter of Lord Killeen.
1 Not men who filed Bill? in Chancery, but men armed with weapons so
called.
2 Taafe's Ireland, vol. i. p. 310. 3 Annals of Donegal.
1 Intent, June II, 1509. 1 Henry VIII.
HUGH INGE, CHANCELLOE. 161
The Great Seal of Ireland was again intrusted to the
care of an ecclesiastic. This time the selection was of
Dr. Hugh Inge, who succeeded Archbishop Rokeby in the Hugh Inge,
See of Dublin, and was made Lord Chancellor of Ireland chan-
in 152 7, 1 for the term, of his life. Hugh Inge was a native cellor-
of England, born at Shepton Mallet, in Somersetshire, ig"
His parents were pious Catholics, who gladly observed the
growing excellence of their child. From his boyhood he
was destined for the Church, and showed even in early
youth, great piety in attending the practices of the Roman
Catholic religion. He was educated at the famous school Education.
of William of Wickham, Winchester, and probably de-
rived much of his capacity for business from the example
of this eminent Prelate, who was Lord Chancellor of Eng-
land. We are to admire him, says his biographer,2 not Character
f wir
only for his unrivalled skill in one of the fine arts, but for wickhain1
his extraordinary aptitude in civil business, his equal and
benevolent temper, his enlightened munificence, and his
devoted love of learning.
Hugh Inge profited by the instruction of Winchester
School, and lost no opportunity in fitting himself for
his University career. When sufficiently forward in learn-
ing he entered Oxford, and devoted much time to study, studies at
and qualified himself for the ecclesiastical state. There Oxforcl-
can be no doubt his career in William of Wickham's school
prepared him well for the University, which owed much to
the same munificent Prelate who built St. Mary's College.
Inge obtained a perpetual Fellowship in New College, Obtains a
Oxford, in 1484, and having gained his degrees with
credit, indulged his curiosity to see foreign lands by
making a Continental tour.
It is probable he passed some time in Rome, which was
much frequented by English ecclesiastics, and the Popes
had then a representative at the English Court. On his
return to England he was ordained, and the Rev. Hugh
Inge commenced climbing the ladder of ecclesiastical
1 Patent 1527. 19 Hen. VIII.
2 Lord Campbell's Lives of the Lord Chancellors of England, vol. i. p. 295.
VOL. I. M
162
REIGN OF HENRY VIII.
CHAP.
XI.
Prefer-
ments.
Roman
mission.
Doctor of
Divinity.
Bishop of
Meath,
1512.
Arch-
bishop of
Dublin,
1521.
Lord
Chan-
cellor.
preferment. He was successively Prebendary of East Harp-
, tree, Sub- Chanter of the Church of Wells, and Warden of
Wapulham, in the Diocese of Lincoln. Richard the Abbot
and the Monks of Glastonbury presented him with the
Warden ship of Duttying, in Somersetshire, and he also
obtained that of Weston.
When King Henry VII. sent orators to Rome in 1504,
the Rev. Hugh Inge was selected to take the renunciation
of all prejudicial clauses in the Apostolic Bulls for the
translation of Cardinal Hadrian to the Sees of Bath and
Wells, and the Cardinal's oath of fealty and allegiance to
the King. He did not foresee what changes were at hand,
and that in the reign of the young and talented Prince
Henry, Duke of York, second son of Henry VII., the
relationship between England and Rome would be rudely
broken.
In April 1511, this divine while absent on the Continent
was dignified by the degree of Doctor of Divinity of Ox-
ford. The following year saw him advanced to the
Bishopric of Meath in Ireland. While in the See he
acquired the esteem and regard of the natives, who had
in their Bishop a kind adviser in their difficulties ; he was
also 011 good terms with the nobles of the pale, who con-
sulted him frequently respecting the government of the
colony.
The death of Archbishop Rokeby, in 1521, left the
Archdiocese of Dublin vacant, whereupon the Bishop of
Meath was deemed worthy to be his successor. Inge is
mentioned with great approbation in the chronicles of the
time as an honest man, and one who, by many good offices,
had got a great share of intimacy and familiarity with the
Earl of Kildare, and hath put the country into as good a
condition as the Irish would suifer him.1 The learned
writer by connecting the Earl of Kildare and wild Irish
seems covertly to imply cause and consequence.
In 1527, Archbishop Inge was appointed to the impor-
tant office of Lord Chancellor of Ireland, wherein, says
1 Polydore Virgil, Sir James Ware, vol. i. p. 346.
HUGH INGE, CHANCELLOR. 163
Wood,1 ' lie was accounted a person of great probity and CHAP,
justice.' The hearing of causes before the Irish Chan- -_^ — -
cellors was still limited, but the decisions of Archbishop
Inge carried great weight. He was well skilled in the
Roman civil law, and blessed with good sense, applied the
principles of that code so as to gain very great respect as
an Equity Judge.
The Earl of Kildare was one of the great nobles who The Earl
exercised powerful influence over the destinies of Ireland
while Dr. Inge was Lord Chancellor. The Earl filled the
highest offices in Ireland, was a man of great boldness and
ready wit. When Wolsey, in the height of his power and
magnificence, accused him of desiring to reign in Ireland,
the Earl spiritedly replied, ' I would, my Lord, that you and Spirited
I had changed kingdoms but for one month, I would trust
to gather up more crumbs in that space than twice the
revenues of my poor Earldom. But you are well and
warm. I slumber in a hard cabin, while you sleep on a
soft bed of down. I serve under the cope of heaven, when
you are served under a canopy. I drink water, while you
drink wine out of golden cups. My courser is trained to
the field, where your jennet is taught to amble ; when you
are graced and belorded, and crouched and kneeled unto,
then find I small grace with our Irish borderers except I
cut them off by the knees.'2 Had the Earl of Kildare
followed the sage counsels of his friend Archbishop Inge
he would have lived a more tranquil life.
Among many meritorious acts of the Chancellor, I have
to relate his expending a very considerable sum of money
in repairing the Archiepiscopal palace of St. Sepulchre,
which had been suffered to become dilapidated. He
caused competent architects to examine it, and with a
munificence worthy of Wolsey, completed the work. He
appears to have been desirous of identifying the restoration
with his name, as we find his shield of arms placed over
the door at the entrance from the library.
After presiding over the High Court of Chancery for a
1 Athena Oxouienses, vol. ii. p. 732. : Cox, vol. i. p. 219.
M 2
164
KEIGN OF HENRY VIII.
CHAP.
XI.
Death.
Office of
Masters in
Chancery
established
in Ireland.
Duties of
ancient
masters.
year, his health broke down, and the physicians could
afford no aid. His death occurred in Dublin, on August
3, 1528, and his remains were interred in St. Patrick's
Cathedral. His death is stated to have been caused by
Sudor Anglicus, and his was the first case which occurred
in those countries.1
The important office of Master in Chancery in Ireland can-
not be traced further back than the year 1532, when Cormac
Rothe was appointed.2 The original duties of the Masters
in Chancery consisted in comparing those records and writs
that emanated from the Chancery, and examining the State
and official documents, which, at this period when know-
ledge was very limited, and all legal records and pleadings
were either in Latin or Norman-French, required con-
siderable ability. Mr. Beasley, in his Synopsis, very fairly
considers these officials were called Magisters Cancellarice,
Masters in Chancery, from their superior knowledge over
all other clerks that were under them, and Cursitors were
forbidden by statute3 to exhibit any writ to the Great
Seal before thejr showed it to the Lord Chancellor, or to
one of the Masters in Chancery that commanded them to
make it out.
In Ireland, the Masters were occasionally included in
the Commission to hear causes.4 They became Judicial
officers during the reigns of Queen Elizabeth and of her
immediate successor, when the practice of referring to
1 D' Alton's Archbishops of Dublin, p. 184.
2 The grant is as follows : — • Know ye that we of our special grace in the
assent of our beloved cousin, Gerald Earl of Kildare, Deputy, and of our right
trusty and faithful cousin, Henry Duke of Richmond and Somerset (issuing from
our race), our locum tenens of our land and kingdom of Ireland: have given
and granted to our beloved Cormac Rothe, Archdeacon of Armagh, the office of
one of the Masters in Chancery of our land of Ireland, and him, the said
Cormac, in the aforesaid office we constitute : to have and to hold so long as
it shall please us and our said Deputy. Receiving into that office yearly the
fees of the same office due and accountable. In witness whereof, &c., at
Dublin.' -Translated from the Latin Roll, Rolls Patent, 24 & 25 Hen. VIII.
— Beasley' s Syno2)sis, p. 2.
3 18 Edw. ill. 4 Ware's Antiq. vol. ii. p. 116.
MASTERS IN CHANCERY. 165
one of the Masters appears to have existed.1 In recent CHAP,
times the office was of the greatest importance — a judicial
station requiring an Equity lawyer of eminence, and Modern
imposing great labour. The duties of the Master were chancery"
various — to enquire and report upon all cases referred to
him under orders by the Lord Chancellor, to audit the
annual accounts of guardians, receivers, committees of
idiots and lunatics, to tax costs, execute deeds of con-
veyance to purchasers under decrees, make leases to
tenants under the Court of Chancery, grant fiats for the
enrolment of deeds and powers of attorney, approve of
purchases of stock and other securities ; to sit in the
absence of the Lord Chancellor if required, with one of
the Judges, to hear causes ; to undertake the guardianship
of minors and lunatics. The salary was three thousand Salary.
pounds per annum. This judicial appointment has re-
cently been abolished by the New Chancery Ireland Act.2 Office
abolished.
1 ' Corporation of Gowran v. Edmund Blashfield. Upon motion of the
Attorney-General, of counsel with the defendant, for inasmuch as nothing was
done upon the referment made of this cause, by the consent of both parties, to
Mr. Henry Manwaring, one of the Masters of this Court, and Mr. P. Archer, of
Kilkenny : therefore it is ordered that both parties shall be ready to attend
the said referees upon Wednesday in AVhitsun week next, without further
delays, and to that end, that the plaintiff and defendant do agree upon their
meetings on the lands in controversy. Monday, 8th May, 1620.'- — Extracted
from the Register Book, High Court of Chancery, E. Dowdall, Registrar.
2 30 & 31 Viet. c. 44, sec. 27, abolishes the office of Master in Ordinary of
the Court of Chancery in Ireland, except the office of Receiver Master. The
existing Masters to continue in the discharge of their duties until released.
One of the Masters has recently been released by the hand of death — an
excellent lawyer, a conscientious judge, a humane and amiable man — the
Right Honourable Edward Litton.
166
REIGN OF HENRY VIII.
CHAP.
XII.
John Alan.
From
Oxford to
Cam-
bridge.
Prefer-
ments.
Succeeded
by Eras-
mus.
Selected by
"Warham
as his
agent.
CHAPTEE XII.
LIPE OF LORD CHANCELLOR ARCHBISHOP ALAN.
JOHN ALAN, or Allen, as the name is more constantly
written, was born in the year 1476. He was of English
descent, and, as far as I can learn, of a Norfolk family,
several members of which subsequently settled in Ireland.
Having resolved to enter the Church, he acquired an
excellent knowledge of classics, and was a student of
Oxford, but, for some reason or other, removed to the
sister University of Cambridge, where he took the degree
of Bachelor of Laws.
Stirring events followed each other in quick succession,
and have found enduring place upon the page of history,
while John Alan was preparing for holy orders. The
wars which desolated England, the short reigns of Ed-
ward V. and Richard III., the victory of Bosworth, which
made Henry of Lancaster master of the situation and
King, under the title of Henry VII., all occurred before
the young priest received his first mission. The Church
of Sundrithe, in the Diocese of Kent, witnessed his early
ministry at the altar. In 1510, he was collated to Alding-
ton, in the same diocese, in which, on his being promoted
to the Deanery of Riseburgh, in 1511, he was succeeded
by the celebrated Erasmus.
Dean Alan had an eye for better preferment, and, in
1515, became Rector of South Oxyndon, in Essex. About
this time William Warham, Archbishop of Canterbury,
had need of an intelligent and able agent at Rome, and
selected Dean Alan, who then obtained his degree of
Doctor of Laws, for the place. To the intimacy which
then grew up, and was very great between Warham and
ARCHBISHOP ALAN, CHANCELLOR. 167
Alan, we may trace much of the subsequent career of the CHAP.
latter. Warham was a man rough in speech, if we are to - — l^J — -
judge by his coarse language to the Duchess of Burgundy,
when sent by Henry VII. to remonstrate with that to tjie
Princess for the aid she had given Perkin Warbeck. Duchess of
0 ±>urgunuy.
' That how, in her later age, she brought forth, within the
space of a few years, two detestable monsters, Lambert
Simnel and Perkin Warbeck, and being conceived of these
two great babes, was not delivered of them in eight or
nine months, but in one hundred and eighty months, for
both were fifteen years of age, yet she would be brought
to bed of them, and show them openlie, not infants, but
of age sufficient to do battle with kings.' These taunts,
as may be supposed, angered the Duchess to the
heart.1
Whether Alan considered the service of a Cardinal pre- Chaplain
ferable to that of the Archbishop I know not, but on his to ^ olsey-
return from Koine he was appointed Chaplain to Cardinal
Wolsey, then Archbishop of York, who named him Com- Judge of
missary or Judge of his Legatine Court. Warham had made
a very efficient Lord Chancellor of England, with the as-
sistance of the Masters in Chancery, and, in difficult cases,
he called in the aid of the common law Judges. He thus land.
kept down arrears and gave general satisfaction.2 The
Cardinal, in selecting Alan for Judge of the Legatine
Court, we may be sure was well aware of the character of
the Judge whom he chose. At this period, Wolsey was
actively engaged in erecting colleges at Oxford, and also
in his native town, Ipswich, and among the sources whence
he sought to procure funds for this purpose, was the
dissolution of monasteries. He and Warham were not
friendly towards each other. Wolsey had received the
Cardinal's hat, and his appointment of Legate d Latere
gave him jurisdiction and precedence over all ecclesiastics ceiior of
in England, which he employed to mortify the Primate.
Wolsey was all-powerful with Henry VIII., whom he caused
1 Holinshed, vol. iii. p. 506.
8 Lord Campbell's Lives of the Chancellors of England, vol. i. p. 423.
168
REIGN OF HENRY VIII.
CHAP.
XII.
Suppres-
sion of
Monaste-
ries.
Monks as
agricul-
turists.
As tran-
scribers.
to dismiss Warham from the office of Chancellor, and con-
fer it on himself.1
The step now taken to enable the Cardinal to continue
his works did not please the Primate, who was a friend to
the monastic orders. This process of suppressing monas-
teries was actively promoted by his Chaplain Alan, and as
no doubt this suppression was little short of a startling
revolution, it caused the originators, as well as all who
promoted their project, to be regarded very differently by
those who approved or condemned this measure. A very
eminent clergyman, when referring to the labours of the
monks, who uses very eulogistic terms towards them, thus
speaks of them as reclaimers and improvers of the soil : —
' The usual indomitable energy of the monks has done
much to cover barren spots with cultivation ; but, like an
imperfect garment, it only calls attention to the nakedness
it would fain conceal. Yet I saw phalanxes of sheaves
along the mountain side, and many unpromising spots
were fragrant with sweet clover. Almost every Protestant
in books, letters, and conversations, is ready with the
hack phrases of " lazy monks," " drones of monasteries,"
" fatteners upon the poor," &c. Yet, if they would only
wander up river courses, through sequestered valleys, and
on sterile hills, they would see how, under the toiling hand
of the monks, green grass and yellow corn encroached upon
black heath and unhealthy fen, how lordly and precious
woods rose upon unproductive steeps, how waters became
a blessing where they had been a curse, irrigating the
lands which once they ravaged ; how poor communities
were held together by their alms in unhopeful places for
years, till the constrained earth yielded her reluctant
fruits. If we are to add to this the improvements in hus-
bandry and domestic arts, which we owe to the monks,
and the copies of the Holy Scriptures, and other good
books, multiplied by their astonishingly indefatigable pens,
when printing was not, we surely shall not be so ready
with our " drones." ' 2
1 Lord Campbell's Lives of the Chancellors of England, vol. i. p. 450.
2 Life and Letters of the Rev. Frederick "W. Faber.
ARCHBISHOP ALAN, CHANCELLOR. 1G9
Considerations such as these did not deter Cardinal CHAP.
Wolsey or his Legatine Judge, John Alan, and others of
the King's Court, from shutting up the monasteries and The fate of
, . . the sup-
turning1 the revenues into cash. It was a project which, pressors.
according to the remarks of Dr. Godwin, Bishop of Here-
ford, ' like the gold of Tholouse, brought either destruction
or some great calamity on all who touched it.' Two of
them fought a duel, one was killed, and the other hanged ;
A third threw himself headlong into a well ; and a fourth,
though a rich man, came after to beg his bread ; Wolsey
was thrown out of the King's favour, and died miserably ;
and the Pope, who gave his consent to the dissolution,
lived to see Rome taken and plundered by the Imperial
army, himself and Cardinals made prisoners, and become
the sport and mockery of the licentious multitude. Alan's
own fate we shall learn in the termination of his life.
Wood is very severe with him for his unworthy conduct
in the case of the dissolved Priory of Daveiitry, Northamp-
tonshire.1
Jealousy prevailed between Alan and Stephen Gardiner,2
another of Wolsey's chaplains, and, for the purpose of
preventing a continuance of their contentions, which cer-
tainly was not creditable to the character of clergymen,
Wolsey thought better to part them. He was not un-
niiiidful of the services Alan, had rendered him in the
dissolution of the monasteries, and, on the death of Arch-
bishop Inge, in 1528, despite the opposition of the Earl of
Kildare, Wolsey's all-powerful influence in Eome and
England procured for Alan, not only the Archbishopric of Alan,
Dublin, but the Lord Chancellorship of Ireland.3 In 1529, Bishop and
he was confirmed by the Pope in this See, and, in 1530, LordChan-
cellor.
held a Consistory in Dublin, of which the records remain.
He also promulgated rules for regulating his Metropolitan
Court in St. Patrick's.4
1 Athense Oxonienses, vol. ii. p. 742.
2 Gardiner was Wolsey's confidant. He calls him ' primarium secretissi-
morum consiliorum secretarium, mei dimidium, et quo neminem habes cario-
rem.' Gardiner was Secretary of State to Henry VIII., Bishop of Winchester,
and Lord Chancellor of England. He died in Io55.
3 Patent, September 19, 1528. 20 Hen. VIII. 4 Mason's St. Patrick, p. 146.
170
REIGN OF HENRY VIII.
CHAP.
XII.
Letter
from the
Chancellor
to Lord
Cromwell.
Lord
Ohancel-
or's fee in
arrear.
Asks for a
prebend.
Promises
gifts.
In 1531, the Chancellor Archbishop addressed the fol-
lowing letter to Lord Cromwell. He first mentioned many
obligations conferred on him by Cromwell.1 The Chancel-
lor continues: — 'For the which your gentle manners I
give you entire thanks, accordingly, no less now in heart,
mouth, and writing, than I trust heretocome, if ever it
fortune me to be able in deeds and acts effectually. In
accomplishment whereof, and to the intent I mav the
sooner perform this iny said unfeigned promise, I must
instantly require you (necessitas facit licit um quod alias est
illicitum} to move my Sovereign Lord, the King's good
grace, to give unto me a prebend of 100L per annum in
coinmeiidain, to maintain the state that his highness hath
called me unto, being Primate of his Church in Ireland,
and Chancellor of the same, without my merits and by
obedience against my will truly. And here with us I
cannot have the forty mark fee of the Chancellorship, now
two years and a half past in arrear, nor yet such money
as I laid out upon the King's letters, as well for ships and
mariners' wages, as for reparation done in the King's
Chancery, also his castle. Sir, afore God I desire none
translation, nor any manner of benefice of cure, or yet of
dignity, but only (if it might please the King's highness
to have some compassion upon me) a prebend which should
cause no murmur of absenty from thence, whereby I might
keep a dozen yeomen archers in wages and livery, when I
lie in the marches upon the Church lands, to keep me in
the King's service from his Irish enemies and English
rebels. So knoweth God, who may send you (when I am
out of half my debt) this next year, one hobby, one hawk,
and one Limerick mantle, which three things be all the
commodities for a gentleman's pleasure in these partes.'2
From this very pressing appeal I find the Court of
Chancery was not in a flourishing condition, either in
1 Cromwell was another protege of Wolsey. He was son of a fuller, had
been a trooper, then a merchant's clerk, Wolsey' s steward, Member of Parlia-
ment, Chancellor of the Exchequer, Lord Chamberlain, and Lord Cromwell.
2 State Papers, temp. Henry VIII.
ARCHBISHOP ALAN, CHANCELLOR. 171
structure or in business. The Chancellor having to ex- CHAP.
pend his own money in needful repairs shows the one, and . _,_! -
his small stipend of forty marks having- fallen into arrears
for two years and a half shows the other ; for had there
been much business in Court I presume the fee would
have been paid.
In ] 532, Gerald Earl of Kildare was appointed Deputy Earl of
i. *> "T T ' 7 -1
to Henry Duke of Richmond, Lord Lieutenant of Ireland, viceroy!
There are many anecdotes told of this Earl. One is, that His ready
being brought before Henry and accused of burning a WIt-
church he admitted the fact, but alleged as excuse, ' that
he thought the Archbishop was in it.' On being asked
' who he would select as his counsel to undertake his
defence,' he pointed to the King, saying, ' I don't desire to
go beyond this good fellow here.' On one of the Lords
of the Council saying, ' All Ireland cannot govern this
man.' ' Then,' said the King, ' he shall govern all Ireland,'
and appointed him Viceroy. As considerable ill-feeling Alan re-
had long subsisted between the Earl and Archbishop
Alan, one of the first acts of the Lord Deputy was to clis- Chan-
place Alan from the office of Lord Chancellor, and transfer
the custody of the Great Seal to George Cromer, Arch- Cromer
bishop of Armagh, a man of considerable ability and a appo
devoted friend to the house of Kildare.
There were several discontented men about the castle Alan plots
ready to side with the displaced Chancellor, and several viceroy.
meetings were privately held, the object being to sow
feelings of distrust of the Lord Deputy in the breast of
the King. Alan, from his high rank, great talents, and Memorial
his recent grievance, naturally took the lead in their ™
meetings, and, in 1533, procured the Privy Council of Council.
Ireland to sign a memorial to the King, setting forth the
misgovernment of Ireland, and praying redress. This
document states ' the great decay of this land, which is so
far fallen into misery, and brought into such ruin that
neither the English order, tongue, nor habit be used, nor
the King's laws obeyed above twenty miles in compass.'
It advises ' that all the lords and gentry within the four
172
REIGN OF HENRY VIII.
CHAP.
XII.
Recom-
mends
English
Viceroys.
Kildare
accused
of High
Treason.
shires, Dublin, Kildare, Meath and Uriel (Louth) be com-
pelled to obey the King's laws.1
It also deplores the mischief arising from the black mail
and tributes, which the Irish by violence obtained from
the King's subjects. It condemns admitting of natives
of Ireland to the government of the country, and also to
the constant change of Lords Deputy.2
The negligent manner in which the Records of the
country were then kept was severely censured, as likewise
the way in which the Exchequer was managed, and the
memorial recommended sending thither to the govern-
ment of Ireland, some loyal subject from the realm of
England, whose sole object should be the honour and in-
terest of the Crown, unconnected with Irish factions, and
uninfluenced by prepossession or prejudice ; a most valu-
able suggestion well worthy the consideration of those who
regard the welfare of the United Kingdom.
~ o
The memorial had due effect with Henry VIII. No
doubt the animosity of Alan's patron, the potent Cardinal,
to the Earl of Kildare was not allowed to cool, and it was
rumoured the Deputy would be summoned from Ireland
to account for his conduct, if not to answer a most serious
bill of indictment. As no standing army had existence,
all the great Lords, spiritual and temporal, had to con-
tribute certain numbers of men. Regulations were made
in 1534, respecting the number of soldiers to be sent by
the Archbishops and other spiritual dignitaries to host-
ings. The Archbishop of Dublin was rated at twenty able
archers or gunners appointed for the war ; the Archbishop
of Armagh, sixteen ditto.
The rumour proved well founded, Gerald, ninth Earl of
Kildare, was summoned to England by Henry VIII. to
answer certain charges of treason against the English rule
in Ireland. He was at no loss to guess at whose instiga-
tion. He summoned a council at Drogheda, where in
the presence of the Lords he nominated his son Thomas
Lord Offaly Vice Deputy during his absence. This young
State Papers, temp. Henry VIII.
2 Ibid.
ARCHBISHOP ALAN, CHANCELLOR. 173
nobleman, tlie ' Silken Thomas ' ] of Irish history, was then CHAP.
• xu
only twenty years of age, and of a ' hot and active temper.'
Previous to his departure the Earl addressed a very sage Silken
discourse to his son, advising him the course which he Deputy."
should pursue, and the advice he ought to take. I give
the following extract from this discourse to his son in the
presence of the council of Ireland : —
' Wherefore my sonne, consider that it be easy to raze, Kildare's
harde to buylde, and in all your affayrs be schooled by ^ son.
this boorde, that for wisdom is able, a,nd for the entier
affection it beareth your house, will be found willing to
lesson you with sound and sage advice. For albeit in
authoritie you rule them, yet in counsaile they must rule
you. My sonne, you know that my late maimes stifleth
my talk, otherwise I would have grated longer 011 this
nia/tter, for a good tale may be twice told, and a sound
advice eftsoones itirated, taketh the deeper impression
in the attentive hearer his mind. But although my
fatherly affection requireth my discourse to be longer, yet
I trust that your good inclination asketh it to be shorter,
and upon that assurance, here, in the presence of this
honorably assembly, I delyver you this sword.' 2
Shortly after the Earl's departure the young Deputy The De-
found those who held high offices in the Government were Coimdl
not pleasant persons to associate with. Many Avere Alan's
creatures and rather desirous to embarrass than assist the
Deputy. At a banquet which he gave to the Lords of the
Council and the Chief Officers of State, the conversation
turning on heraldry, John Alan, Master of the Rolls, a
relation of the Archbishop's, said to Lord Offaly, ' My
Lord, your house giveth the marmoset, whose propertie is
to eate his own tail,' alluding to the Fitz Gerald sup-
porters. The Deputy promptly replied he ' had been
fedde by his tail, and should take care that his tail did not
eate him.' Another day, happening to be late at the
1 So called from silken fringes ornamenting the caparisons of his horse, also
floating from the helmets of his attendant knights.
2 Holinshcd, p. 89.
174
REIGN OF HENRY VIII.
CHAP.
XII.
Kildare
sent to the
Tower.
False re-
ports.
Lord
Offaly
rebels.
Obtains
the sinews
of war.
Council, the Lord Archbishop Alan petulantly exclaimed,
1 My Lords, is it not a prettie matter that we all should
stay thus long for a boy ? ' The Deputy, who, at the
moment was coming up stairs and heard the remark,
at once replied, ' My Lords, I am heartily sorry that
you stayed thus long for a boy.' This put the Arch-
bishop out of countenance. Both the Alans, who were
enemies of the Geraldines, were much irritated by these
taunts.1
Proceedings were taken to curtail the power of the
Geraldines, and it is extremely probable Archbishop Alan
lent them his best aid. When the Earl reached London
he was committed to the Tower, and a rumour was spread
he was to be beheaded ; and that Lord Offaly and his
uncles were to be apprehended. Letters were also written
by persons in office ' howe the Earl of Kildare was already
cut shorter, as his issue presently should bee.'
' One of these letters,' relates the Marquis of Kildare,2
' fell into the hands of a priest, who threw it among other
papers, meaning to peruse it at leisure. A gentleman, a
retainer of Lord Offaly's, who lodged with the priest,
sought in the morning when he rose for some paper to
draw on his strayt stockings, and taking this letter, bore
it away in the heel of his stocking. At night he found
the paper, and on reading it saw that it announced the
Earl's death. He immediately mounted his horse and
took the letter to James Delahide, one of Lord Offaly's
principal counsellors, who showed it to Lord Offaly, and,
without further inquiry, advised him to rebel openly
against the King, as the only means of avenging his father,
and saving himself. Lord Offaly being " rash and head-
long, and assuring himself that the knot of all Irelande
was twisted under his girdle," consulted O'Neill, O'Connor,
and other friends of his father, who confirmed what
Delahide had said, and, in order that he might prosecute
the war, delivered to him his father's " Manors, Castles,
1 The Earls of Kildare, by the Marquis of Kildare, p. 129.
2 Ibid. p. 130.
ARCHBISHOP ALAN, CHANCELLOR. 175
garrisons, goods, and substances, of which they had CHAP,
charge, together with a large amount of the King's . Xn'_-
ordnance and artillery that were in the Castles." '
The advice of these fiery chieftains was, however, op- Contrary
posed by wiser heads, the best friends of the Earl of advice-
Kildare— Thomas Earl of Desmond,1 Sir Thomas Eustace,
created Lord Baltinglass, Edmund Lord Kerry, James,
Lord Slane, the Lord Chancellor Cromer, a singularly
able and prudent prelate — one, and all, endeavoured to
dissuade the vain and impetuous young nobleman from this
mad enterprise. He was not to be diverted from his Lord
purpose; with that fatal impetuosity and enthusiasm
which, in after years, impelled another of his race to risk
all for his native land, to peril life and rank, to leave wife
and children, to whom he was so justly dear, and join those
among whom the paid spy and the hired betrayer ever
have their venal place, Lord Offaly unfurled the standard
of revolt. It must have been a stirring sight for the
citizens of Dublin, when the sun streamed on the narrow-
streets of the capital of the pale, on the Feast of St.
Barnaby, June 11, 1534, to witness the gallant cavalcade
of a hundred and forty mail-clad riders, with silken
streamers from their helmets, attending as a body guard
on the young and noble-looking Lord Offaly, as he rode
through Dame's Gate to St. Mary's Abbey,2 bent on casting Proceeds
to St.
Mary's
1 Husband of the celebrated Catherine, styled the Old Countess of Desmond, Abbey,
and with good reason. She was daughter of Sir John Fitz Gerald of Decies ;
born at Dromana (now the seat of Lord Stuart de Decies) in 1464, tempore
Edward IV. In 1484 she married Thomas Fitzgerald, who, in 1529, became
twelfth Earl of Desmond. Though strongly urged by Lord Offaly to join the
revolt, he remained quietly at Youghal, and tried to dissuade him, but in rain.
TheEarl died in 1534, and the widowed Countess, then in her seventieth year,
survived for seventy years longer, having lived at her castle of Inchequin until
she reached the extraordinary age of one hundred and forty years. Her death
was caused by a fall from a tree, into which this lively old lady had climbed
to gather nuts. A very interesting account of her is given in Sir Bernard
Burke's Vicissitudes of Families.
2 Dublin at this period was very different from the crowded and well-built
city of to-day. The north side, then called Ostman or Oxmantown, consisted
of but few streets in the neighbourhood of the church of St. Michans. These,
callrd St. Mary's Lane, Church Street, and Pill Lane, extended to the only
176 REIGN OF HENRY VIII.
CHAP, a, brave defiance in the face of the Lords of the council ;
XII
>._". ,,-J - loud shouts rose along the crowded streets, for we may be
sure that ' Thamaus an Sioda,' or Silken Thomas as he
was usually called, was beloved by the men and adored by
the women. On swept the troops, their weapons glitter-
ing in the sun, as sword and spear point, steel bit and
bridle rein, caught the rays. Having arrived at St. Mary's
Abbey, where the council were already assembled, they
The De- had not to wait this time for the boy. The boy now clad
his "seat.6 ^n complete armour, with stern resolve depicted on his
eager yet youthful face, strode haughtily to the vacant
place at the head of the council board. Scarcely was he
seated when his knights also entered in armour, to the
astonishment of these members of the council who were
not aware of the report then spread. Having commanded
Speech to silence, Lord Offaly said — 'Howsoever injuriously we be
cii. handled, and forced to defend ourself in arms, when
neither our service nor our good meaning towards our
Prince's Crown availeth, yet say not hereafter, but that,
in this open hostility, which we here profess and proclaim,
we have showed ourselves 110 villains, nor churls, but
warriors and gentlemen. This sword of estate is yours
arid not mine. I received it with an oath, and have
used it to your benefit. I should abstain mine honour if I
turned the same to your annoyance. Now have I need of
mine own sword, which I dare trust. As for the common
sword, it flattereth me with a painted scabbard, but hath,
indeed, a pestilent edge, already bathed in the Geraldine
blood, and now is newly whetted in hope of a further dis-
tinction. Therefore save yourselves from us, as from open
Henry's enemies. I am none of Henry's Deputie, / am his foe ! I
have more mind to conquer than to govern : to meet him
bridge over the Liffey, opposite Bridge Street, which the passengers entered
through Bridge Gate. Wr.lls of considerable height surrounded the south
side of what, was called the city. Beside the Bridge Gate, there were many
other gates — Ormond's Gate, New Gate, St. Nicholas Gate, Pale Gate, and
Dame's Gate. The tide flowed near the last, and a passage extended from it
to the Castle, then defended by flanking towers, and was a place of consider-
able strength.
ARCHBISHOP ALAX, CHANCELLOR. 177
in the field than to serve him in office. If all the hearts of CHAP.
England and Ireland that have cause thereto would join
in this quarrel (as I hope they will) then should he soon
ahy (as I trust he shall) for his tyranny, for which the
age to come may lawfully range him up among the
ancient tyrants of most abominable and hateful memory.' '
So saying he presented the Sword of State (symbol
of British rule in Ireland) to the Lord Chancellor ; but Of State to
he, a mild and gentle Prelate, and a sincere friend to the ™e Lor.d
Chancel-
family of Kildare, with tears in his eyes, again tried by a lor.
very argumentative speech 2 to dissuade Lord Offaly from Lord
his course. At this moment Nelan, an Irish bard, who tries to
accompanied the young Geraldine, commenced chanting, dissuade
in Irish, an heroic poem in honour of Silken Thomas,
reproaching him for tarrying so long. The harp of the
minstrel prevailed against the counsels of the sage
Chancellor ; roused by the rebuke of the poet, turning to
the Chancellor, Lord Offaly said : —
' My Lord Chancellor, I came not hither to take advice Repty to
what I should do, but to give you to understand what I chancel-
had a mind to do. It is easy for the sound to counsel the lor-
sick; but if the sore hath smarteth yon as much as it
festereth me, you would be percase as impatient as I am.
"As you would wish me to honour my Prince, so duty
willeth me to reverence my father. Wherefore he that
will, with such tyranny, execute mine innocent parent,
and withal threaten my destruction, I may not, nor will
not, hold him for my King. And yet, in truth, he never
yet was our King, but our Lord, as his progenitors have
been before him. But if it be my hap to miscarry, as you
seem to prognosticate, catch that catch may ; I will take
the market as it riseth, and will choose rather to die with
valiantness and liberty than to live under King Henry in
boiidage and villany.' 3
On these words he cast the sword on the council table Throws
and left the room, accompanied by his knights. He clown the
sword ;ind
1 Hollinshed's History of Ireland, P. 78. 2 Vide post, p. 182. dpParts-
3 Ibid. p. 88.
VOL. I. N
178
REIGN OF HENRY VIII.
CHAP.
XII.
Applica-
tion to the
Mayor of
Dublin.
Chief
Baron and
Arch-
bishop fly
to the
Castle.
Lord
Offaly and
the House
of Ormond.
Arch-
bishop on
board ship.
Lands at
Clontarf.
Concealed
at Artaue.
had no sooner quitted the Chamber, than the Lords of
the Council deliberated what was best to be done. They
sent a message to the Mayor of Dublin, ordering the
arrest of Lord Offaly and his adherents ; but this was
fruitless, as the Mayor had no power to enable him
to effect an affair of such magnitude. Chief Baron
Finglass, wrote to Lord Cromwell, Secretary of State,
urging him to send some troops to meet the rebels
without delay j and, meantime, the Chief Baron, with
Archbishop Alan, who knew he could expect no mercy if
captured, sought refuge in the Castle of Dublin. Anxious
to increase his forces by obtaining co-operation with the
troops of the powerful house of Ormond, Lord Offaly sent
messages to his cousin, Lord Butler, the Earl of Ormond's
son, offering to divide the kingdom with him, if he would
unite his aid ; but the proposition met with an indig-
nant refusal. Many nobles and chiefs, however, com-
bined with the Geraldines, and the Lord Archbishop,
fearing the Castle of Dublin would be taken, determined
to make bis escape into England. He consulted a con-
fidential servant, named Bartholomew Fitz Gerald, who
provided a small vessel, in which the Archbishop em-
barked, near Dame's Gate on July 11, 1534. The cruel
destinies were unpropitious ; the Archbishop was baffled ;
the wind proving contrary, the vessel ran ashore near
Clontarf, and the Prelate with his attendants, landed
most reluctantly and sought the nearest shelter. They
were concealed in a mansion at Artane, the seat of a Mr.
Hothe.
In later years I have passed many a happy day in the
present Artane, and traced in the demesne of my friend,
the late Mathew Callaghan, Esq., the site of the former
mansion, where the tragedy I am about to record took place.
Whether the sailors proclaimed who was their passenger,
or the Geraldine in the Archbishop's service proved false
to his trust, or betrayed Archbishop Alan to his liege
Lord, I cannot vouch ; but a few hours after the Arch-
bishop taking up his abode in Artane, Lord Offaly was
ARCHBISHOP ALAN, CHANCELLOR. 179
apprised that escape was thus far ineffectual. He at CHAP.
once ordered the Archbishop into custody, and, deter- ^_' T ' ,
mined to have his orders promptly executed, he started The Arch-
in company with two of his uncles, Sir James and Oliver
Fitz Gerald, escorted by forty soldiers. In the early
dawn of a summer morning the band of merciless soldiers
O
entirely surrounded Mr. Hothe's house. Having thus cut
off the possibility of escape, Lord Offaly sent two of his
escort to bring forth the Archbishop. The Prelate was in
bed dreaming, perhaps, he was oat of danger, when he was
rudely shaken. He was not allowed a moment to dress
himself, for in their rude haste, these ruthless men dragged
the Prelate almost naked before their leader. Alarmed, as The last
well he might be, by this discourteous and inhuman con- appe<
duct, the Archbishop fell on his knees before Lord Offaly
and ' besought him not to remember former injuries, but
to consider his present calamity, and, whatever malice he
might bear his person, to respect his calling.' l
It would be strange if any Christian could remain un- Lord
moved by an appeal thus made. Lord Offaly, struck with Off^' ,.
pity, desired the Archbishop to be removed, using the removal.
Irish words ( beir naim an bodach' (take away the churl).
But his followers mistaking it for an order of summary The death
execution instantly beat out the Archbishop's brains.
Such was the end of Archbishop Alan. Whether his
death was intended by Lord Offaly or not is unknown.
He himself declared what he meant was, that the Arch-
bishop should be removed in custody ; but the prevailing
impression on the minds of contemporary writers was, that
he was guilty of giving the order which caused the Arch-
bishop's death. It is said when the account of these
calamitous acts reached the imprisoned Earl his heart was
broken, well knowing the inevitable result. The cold
hand of death rescued him from the sharp edge of the
headman's axe.
The fury of the King was unbounded, and Henry was
not a man to be bearded with impunity ; he resolved to
1 D' Alton's Archbishops of Dublin, p. 195.
N 2
180
REIGN OF HENRY VIII.
CHAP, be revenged for the insult offered by Lord Offalj, and he
— — - kept his stern resolve.
Labours of Lord Chancellor Alan was a careful observer of Irish
Chancellor antiquities, and compiled the ' Liber Niger,' which
Alan. D 'Alton, describes as a mine of antiquarian treasures re-
TJ *
writings lating to the Archdiocese of Dublin. He also left an
account of the state of the churches in his diocese, a work
which he calls ' Repertormm Viride.' He wrote ' Epistola
de Pallii significatione activa et passiva,' and a work
entitled ' De consuetudinibus ac statutis in tuitoriis causis
observandis.' '
The deaths of the Geraldines followed fatally the
slaughter of the Archbishop. The young and impetuous
Silken Thomas was taken prisoner and beheaded in Lon-
don on February 3, 1536. Five of his uncles, charged with
aiding and abetting his rebellion, expiated their treason
on fatal Tyburn ; they were hanged and quartered. This
noble race was preserved to reach our time through
Gerald the younger son of the Earl of Kildare, who
was prudently conveyed to Italy, the cradle of the race.
The principal part of the estates of his family were
restored to the young Earl by King Edward VI. and the
ancient honours by Queen Mary. An Act of Parliament
passed in the time of Queen Elizabeth freed him from
the attainder, and in the person of his Grace the Duke
of Leinster, his son, the Marquis of Kildare, and his
grandson, Lord Offaly, the family is well represented at
present.
The fate
of the
Geral-
dines.
An heir
happily
preserved.
Atliensc Oxoii. vi. "6.
PRIMATE CROMER, CHANCELLOR. 181
CHAPTEE XIII.
LOUD CHANCELLORS OP 1EELAND DURING THE EEIGX OF
HEISTKT VIII. — CONTINUED.
GEOEGE CROMEB, Archbishop of Armagh, was appointed CHAP.
Lord Chancellor of Ireland in 1532. Ware describes Dr.
Cromer as an ' Englishman of great gravity, learning, George
and a sweet disposition.' I have not been able to ascertain ^roilier>
the period of his coming into Ireland, but he succeeded Chan-
John Kite in the Archdiocese of Armagh. His prede- cen°r-
TT j g j-.j-j p ..
cessor Archbishop Kite's tomb had this quaint memento racter.
mori : —
For whose soul good pepul of cherite
Prey, as ye would be preyed fur ; for thus must ye lie.
Dr. Cromer was appointed Primate in 1522. I hope he Arch-
did not find the inhabitants of Armagh quite so uncivi- Armagh
lised as they were described to a predecessor in the See1
Octavian de Palatio. I give the Latin and translation : —
Civitas Armackana, Armagh is notorious, I'ncompli-
Cir/fttx i-aiiii. For being vain-glorious, mentary
A/i.-q. lonis moi ilus ; The men void of manners, their spouses description
Mulicres nudtf, Go naked ; they eat of Armagh.
Games crud<p, Raw flesh for their meat,
Pan.] o-itas in cedibus. And poverty dwells in their houses.
We have seen when Gerald Earl of Kildare became Succeeds
Viceroy, in 1532, Archbishop Alan was removed from the LowL*8
office of Chancellor of Ireland, and was succeeded bv Arch- Chan-
11
bishop Cromer. It was supposed the Earl had a share in
causing this change, and it added fuel to the flame long
smouldering in the breast of Archbishop Alan, who had
been a constant foe to the house of Kildare. Unfor-
1 Ware's Bishops.
182
REIGN OF HENRY VIII.
CHAP.
XIII.
Impru-
dence of
Earl of
Kildare.
His con-
duct ac-
counted
for.
Memorial
against
him.
Kildare
committed
to the
Tower.
Conduct
of Lord
Chancel-
lor.
The Chan-
cellor's
speech.
innately the conduct of Kildare, then Deputy, afforded
ample opportunity to impeach him for violating the
Statute of Kilkenny, which prohibited alliances with the
Irish. He had given two of his daughters in marriage to
Irish noblemen. One to O'Connor, Prince of O'Fally, the
other to the Chief of the O'Carrolls. He was involved in
their wars, and, at the siege of Birr, received a wound in
the head, by which his intellect was disordered.1 His
enemies were not slow to represent these matters to the
King, and a very strong memorial, setting forth the
sad condition of Ireland, was submitted to Henry VIII.
He, at once, commanded the Earl to attend before him
personally, to answer these charges, and on his reach-
ing London was forthwith committed a prisoner to the
Tower.
In the Life of Lord Chancellor Alan I have described,
at length, the rebellion of Lord Offaly, and his conduct
when surrendering the sword, emblem of power, as Lord
Deputy. I have now to relate the part Cronier, then
Lord Chancellor, took upon that melancholy occasion.
Anxious, if possible, to avert the fate which he foresaw
would befall, not only all who engaged in this mad at-
tempt, but every member of the house of Kildare, within
reach of the King's vengeance, this mild Prelate took
Lord Offaly by the hand, and, while tears rolled down his
aged cheeks, besought him to listen to the words he had
to say in reply to his address.2 This granted, the Chan-
cellor said : —
' My Lord, although hatred be commonlie the hand
maiden, of truth, because we see him that plainlie ex-
presseth his mind, to be for the more part of most men
disliked : yet notwithstanding I am so well assured of
your Lordship his good inclination towards me, and your
Lordship so certaine of mine entire affection towards you,
as I am imboldened, notwithstanding this companie of
armed men, freelie and franklie to vtter that which by
me declared, and by your Lordship followed, will turne
Stuart's History of Armagh, p. 218.
2 Ante, p. 177.
PRIMATE CROMER, CHANCELLOR. 183
(God willing) to the availe of you, your friends, allies, and CHAP.
this countrie. I doubt not, my Lord, but you know, that *-' , ', >
it is wisdom for anie man to looke before he leape, and to
sowneth water before his ship hull thereon, and manelie
where the matter is of weight, there it behoveth to follow
sound, sage, and mature advice. Wherefore, my Lord,
sith it is no maigame for a subject to levie an armie
against his Prince ; it lieth your Lordship in hand to
breath longer on the matter, as well by forecasting the
hurt whereby you may fall as by revolving the hope
wherewith you are fed. What should moove your Lord-
ship to this sudden attempt, I know not. If it be the
death of your father, it is as yet but secretlie muttered
not manifestlie published. And if I should grant you, that
your zele in reuenging your father his execution were in
some respect to be commended. Yet reason would you
should suspend the reuenge vntill the certeintie were
knowiie. And were it that the report were true, yet it The sub-
staudeth with the dutie and allegiance of a good subject Jec
(from whom I hope in God you mean not to disseuer your
selfe) not to spurne and kick against his Prince, but con-
trariwise, if his souereigne be inightie, to feare him, if he
be kind to loue him : if he be vicious to pitie him : if he
be a tyrant to bare with him, considering that, in such
case, it is better with patience to bow, than with stub-
bornness to breake. For sacred is the name of a King, The name
and odious is the name of rebellion : the one from heaven of
sacred.
deriued, and by God shielded : the other in hell forged,
and by the deuil executed, and, therefore, whoso will
obserue the course of histories, or weigh the iustice of
God in punishing malefactors, shall easilie see, that albeit
the sunne shiiieth for a time 011 them that are in re-
bellion : yet such secret beginnings, are, at length, clasped
up with sharpe and soure ends.
' King Henrie is known to be, in these our dais, so The power
puissant a Prince, and so victorious a Avorthie, that he is
able to conquer forren dominions, and, thinke you, that
he cannot defend his owne? He tameth Kings, and iudge
184
REIGN OF HENRY VIII.
CHAP, you that he may not rule his own subiects ? Suppose
you conquer the land, doo you imagine that he will not
recouer it ? Therefore, my Lord, natter not your selfe
ouermuch, repose not so great reliance either in your
troope of horsemen, or in your band of footmen, or in the
multitude of your partakers. What face soueuer they
put nowe 011 the matter, or what success, for a season,
they haue yet hereafter, when the King shall send his
power into this countrie, you shall see your adherents,
like slipper-changelings, plucke in their homes, and such
as were content to bear you up by the chin, as long as you
could swim ; when they espie you sink, they will, by little
and little, shrink from you, and perchance will duck you
ouer head and ears. As long as the gale puffeth full in
your sailes, doubt not but diuerse will anerre vnto you,
and feed on you as crows on carrion : but if anie storni
happen to bluster, then will they be sure to leave you post
alone, sticking in the mire, or sands, hauing lost helpe
when you haue most need. And what will then issue of
Foretells this ? The branches will be pardoned, the root appre-
hended, your honour distained, your house atteinted,
the revolt, your armes reuersed, your manours razed, your doings
examined ; at which time God knoweth what a hart-
burning it will be, when that with no colour may be
denied, which, without shame cannot be confessed. My
Lord, I power not out oracles as a soothsaiur, for I am
neither a prophet or the sonne of a prophet. But it may
be, that I am some frantic Cassandra, being partner of
her spirit in foretelling the truth, and partaker of her
misfortune in that I am not (when I tell the truth) be-
leeued of your Lordship, whom God defend from being
Priamus.
' Weigh, therefore, my Lord, the nobilitie of your
ancestors, remember your father, his late exhortation,
forget not your dutie vnto your Prince, consider the estate
of this poore countrie, with what heapes of curses you
will be loden, when your soldiours shall rifle the poore
subiects, and so far indainage the whole relme, as they
Appeals to
Lord
Offkly's
birth.
PRIMATE CROMER, CHANCELLOR. 185
are not yet borne that shall hereafter feele the smart of CHAP,
this vprore.1 You have not gone so far but you may turn
home, the Kinof is mercifull, your offense, as yet, not ouer Reasons
, i • 1 -M 1'or Sll"~
heinous, cleaue to his clemeiicie, abandon this headlong mittiug.
follie, which I craue in most humble wise of your Lord-
ship, for the love of God, for the dutie you owe your
Prince, for the affection you beare the countrie, and for
the respect you have to your owne safetie whom God
defend from all traiterous and wicked attempts.' 2
This wise and eloquent speech, was addressed to the The
'iddrp^s
young noble in a voice broken by emotion, and, at times, unheeded,
inarticulate from weeping ; but it was spoken in vain.
The clansmen of Kildare, who could not understand
English, put their own construction upon the Chancellor's
address. Some said he was preaching a sermon, others
that he was reciting a poem in honour of Lord Offaly,
and, on this the Irish bard, O'Nelan, resolving not to be
outdone in his office, tuned his harp, and commenced the
stirring ode to Silken Thomas, which speedily found more
sympathy with the young nobleman than the prophetic
words 3 of the venerable Prelate, and led to the ruinous
consequences already fully detailed.
1 The coincidence has been remarked between this passage of the Chan-
cellor's speech and the lines in the ballad of Chevy Chase : —
To wind the deer, with hound and horn,
Earl Percy took his way,
The child may rue that is unborn
The hunting of that day.
2 Hollinshed Chronicles, vol. vi. p. 290.
3 As an instance of the scattered state of the records of Ireland, Mr. Morrin
mentions in his valuable Calendar of the Patent and Close Rolls of Chancery, Ire-
land, vol. ii., that: — ' Numerous records relating to Ireland are now to be ftmud in
various repositories in London, where they are lying totally useless. I myself
discovered there an interesting and valuable collection of Irish MSS. stowed
away in sacks, labelled " Eaga Hibernipe," the contents of which were pre-
viously, I believe, unknown. Amongst other interesting original letters, one
from '• Silken Thomas," whilst a prisorer in the Tower, directed to his servant-
Brian, entreating him in the most earnest terms, " to procure him some pecu-
niary assistance, as he was without shoes or fiosin, living on the bounty of his
fellow prisoners." We may well imagine what a sad plight the chivalrous and
proud heir of Kildare must have been in, a prisoner living on the bounty of
prisoners. How truly prophetic was the feeling address of the Lord Chan-
cellor, though, like Cassandra's, it was unfortunately iiiim/nttm crcJitu.'
186
.REIGN OF HENRY VIII.
CHAP.
XIII.
Lord
Chancellor
refuses to
acknow-
ledge the
King's
supre-
macy.
Removed
from the
Chancel-
lorship.
Primate
Cromer
convenes
the
Bishops
and
Clergy.
There
comes a
change.
Sentence
of suspen-
sion.
Died
March 16,
1542.
When Henry VIII. resolved to introduce his novel
creed into Ireland, he was met by the most persistent
opposition from Primate Cromer, who treated the King's
supremacy as a detestable and impious attempt to deprive
the Sovereign Pontiff of his undoubted right. When the
Irish Parliament, like the English, obeyed the King, and
acknowledged him ' Head of the Church,' the Primate,
persisting in his opposition, was removed from the office
of Lord Chancellor, which was given, in 1534, to Sir John
Barnewall, Lord Trimlestown. Cromer convened his suf-
fragans, and the chief clergy of the province, exhorted them
to suffer no change of Catholic doctrine or practice, and
to preserve unsullied the title of Holy Isle, for which Ire-
land was famed for many centuries. In conjunction with
them he pronounced anathema against all who fell away
from their allegiance to the Pope, as spiritual head of the
Church, or recognised Henry as such.
But after a time a change took place in the zeal of the
Archbishop. He was considered waning in his desire to
uphold the Catholic faith. Some attributed this to the
example of his countrymen in England, who very readily
steered the light bark of their faith according to the
King's compass. Others believed that personal affec-
tion for the King, to whom he owed his mitre, influ-
enced him, and diminished his former ardour. Whatever
the cause, Rome was alarmed, and in the consistory of
July 13, 1539, a sentence of suspension from all exercise
of primatical jurisdiction was promulgated against him,
' till such time as he should purge himself from the sus-
picion of heresy.' Meanwhile, Dr. Robert Wauchop was
appointed apostolic administrator of the See of Armagh.1
Ex-Chancellor Cromer died March 16th, 1542.
Dr. Stuart, in his History of Armagh, states : ( It is
probable that even Primate Cromer himself at last submit-
ted to the authority of the King, and ceased to give any
opposition to his measures ; for in a curious edict made
by the Privy Council, in the year 1541, we find him ap-
1 Rev. Dr. Moran's Hist, of Archbishops of Dublin, p. 31.
LORD TRIMLESTOWN, CHANCELLOR. 187
pointed, in conjunction with the Lord of Loath, arbitrator CHAP.
of such controversies as might arise in Ulster, a power ._/ . , '_ ^
which could not be invested in him, if he had not regained
the confidence of his Sovereign.1
When Henry VIII. permitted Archbishop Cromer to Lord
retain his head for the same offence which cost Sir e
Thomas More his life, and contented himself with depriv- Li01^
ing the Primate of the Seals, he delivered them to Lord -m 1534.
Trimlestown, who then became Lord Chancellor of Ireland
in 1534.
Le SIEUE, DE BARNEVILLE was one of the Norman The
knights who fought in the ranks of William the Con- fomUy'of
queror at the battle of Hastings. When broad lands were Barneville.
to be won by the sword in Ireland, these adventurous
warriors found their feats of arms their best inheritance ;
and deeds of war were sure to be well rewarded. Ulfraed Vale of
de Barneville obtained an estate in the beauteous vale of
Slianganah, so sweetly described by my gifted friend, D. F.
MacCarthy : — •
How pleased, how delighted, the rapt eye reposes
On the picture of beauty this valley discloses,
From that margin of silver, whereon the bhie water
Doth glance like the eyes of the ocean foam's daughter!
To where, with the red clouds of morning combining,
The tall ' Golden Spears ' '•* o'er the mountains are shining,
With, the hue of their heather, as sunlight advances,
Like purple flags furled round the staffs of the lances !
Sweetest of vales is the vale of Shanganali !
Greenest of vales is the vale of Slianganah !
No land far away by the calm Susquehannah.
So tranquil and fair as the vale of Slianganah !
When the constant tumults in which the early English Legal
colonists were engaged, either with the natives or amongst °^ceZ °f
a the Barne-
themselves, had any cessation, the Barnevilles showed villes, or
other talents besides military. In A.D. 1435, Christopher Baruwalls-
Barneville, or Barnewall, as the name was then written, of
Crickstown, was appointed Chief-Justice of the King's
1 Stuart's History of Armagh, p. 234.
2 The tall mountains, known as the Sugar Loaves, are called more poetically
in Irish • the Golden Spears.'
188
REIGN OF HENRY VIII.
CHAP.
XIII.
Baron of
Trimles-
town.
Parents of
the Lord
Chancel-
lor.
John
I5urne\vall
studies
law.
Second
Justice of
the King's
Bench in
1509.
Married
four times.
His first
wife.
Family of
Bellew.
Vice-Trea-
surer.
Treasurer.
Arch-
bishop
Broune.
His
mission.
Bench in Ireland. In 1461, Nicholas Barnewall was Chief-
Justice of the Common Pleas, and his brother Robert was
created a Peer of Parliament by the title of Baron of
Trimlestown. His son Christopher, second Baron, was one
of the Irish Peers who, deceived by the pretensions of
Lambert Simnel, and believing him to be the scion of the
House of York, attended his coronation in Christ Church,
Dublin ; but soon after, making submission, received par-
don from the King. He married Elizabeth, daughter of
Sir Thomas Plunkett, of Rathmore, and was succeeded by
his eldest son, the subject of this memoir. John, third
Lord Trimlestown, was induced, probably by the distin-
guished career of his grandfather, Sir Thomas Plunkett, to
studj7 law, and became an excellent lawyer. His connec-
tion, we may be sure, soon procured him employment, and,
in 1509, he became second Justice of the King's Bench in
Ireland.
Lord Trimlestown did not marry quite so often as his
Royal master, but had more than an average share of
the joys of Hymen. He was married four times. He had
a son (who succeeded him in the title) by his first wife,
Jane, daughter of John Bellew, Esq., of Belle wstown, an
ancient race ennobled in the family of Lord Bellew, of
Barmeath ; and also with the baronetage, of Mount Bel-
lew. In 1522, Lord Trimlestown was appointed Vice-
Treasurer of Ireland, and having acquired considerable
reputation as a financier, in two years later was advanced
to the very arduous and responsible office of High-Trea-
surer of Ireland : and appears while in this office to have
taken good care of his own interest. In addition to other
tenements and hereditaments, I find that in 1532 he re-
ceived a fee-farm grant of 136 acres of arable land at
Dunleer, to hold as the manor of Trim.
When Henry VIII. made up his mind to assert his
spiritual supremacy in 1534, he appointed Dr. Browne,
changed from an Augustiinaii friar into a zealous Pro-
testant, Archbishop of Dublin.1 He came specially com-
i S
State Pap., Hen. VIII. vol. ii. p. 465.
LORD TRIMLESTOWN, CHANCELLOR. 189
missioned, ' tliat it was the Royal will and pleasure of his CHAP.
Majesty that his subjects in Ireland, even as those in Eng- v_L^H_
land, should obey his commands in spiritual matters as in
temporal, and renounce their allegiance to the See of Rome.'
Browne was further spurred on by such threats from the
King as, ' Let it sink into your remembrance, that we are
as able, for the not doing thereof, to remove you again,
and put another man of more virtue and honesty into
your place, as we were at the beginning to prefer you ; '
and to do him justice he did his best to obey his Majesty's Want of
commands. But the old adage says, ' One man may bring success-
a horse to the water, and fifty will not make him drink.'
The Archbishop found, while it was very easy for the
King to send him orders from England, it was as easy to
make the horse drink against his inclination as to induce Letter to
the Irish to swallow King Henry's creed. The Archbishop Cromwe11-
wrote to Lord Cromwell, on December 4, 1535, ( that he had
endeavoured, almost to the danger and hazard of his tem-
poral life, to procure the nobility and gentry of this nation Complains
to due obedience in owning his Highness their supreme ?f ^
head, as well spiritual as temporal ; and do find much op- cellor.
pugning therein, especially by his brother Armagh, who
hath beene the main oppugner, and so hath withdrawn most
of his suffragans and clergy within his See and diocese.' 1
Previously to this time, two spiritual proctors from each proctors
diocese had seats in Parliament. It was their special Parlia-
m onf
province ' upon such things of learning as should happen
in controversy, to declare what was the doctrine agree-
able to truth and to the teaching of the Catholic Church.'
When the attempt was made to introduce the Reforma-
tion into Ireland by King Henry VIII., these Proctors
strenuously resisted the Act of Supremacy. On May
18, 1537, Lords Grey and Brabazon, when informing
Lord Cromwell in England of their having caused Parlia-
ment to be assembled to meet the English Commissioners,
1 The Phoenix, Loncl. 1707, vol. i. p. 121. ^ee also Life and Death of George
Browne, by Robert Ware. This life is contained in the English edition of Sir
James Ware's works.
in
meut.
190
EEIGN OF HENRY VIII.
CHAP.
XIII.
Letter to
Lord
Cromwell.
Proctors
must be
excluded.
Reforming
circuit.
thus alludes to this opposition : — ' The forwardness and
obstinacy of the Proctors of the clergy from the beginning
of this Parliament, and at this session both of them, the
Bishops, and Abbots, hath been such that we think we can
do no less than advertise your lordship thereof. Consider-
ing their obstinacy, we thought good to prorogue the
Parliament for this time, and against the next sessions
provide a remedy for them. And therefore, my lord, it
were Avell that some means be devised whereby they may
be brought to remember their duties better. Except the
means may be found that these Proctors may be put from
voice in the Parliament, there shall but few things pass
for the King's profit, for hitherto have they showed them-
selves in nothing conformable.' l
Action was at once taken on this letter. An order
under the Great Seal of England was transmitted to the
Commissioners, declaring ' that the spiritual Proctors
shall have no vote in Parliament,' and this was quickly
endorsed by the Irish legislature.2 A novel duty was
now undertaken by the Lord Chancellor, who, with the
Archbishop and other members of the Council, undertook
a converting circuit, which jumbled preaching, hanging,
law, and religion, varied by feasting and visiting, in a
most extraordinary manner. It would prove a very amus-
ing narrative were it not for the tragical events which
continually come to light. An extract from the State
papers will show how the circuit was conducted : — ' We
resorted first to Carlow, where the Lord James Butler
kept his Christmas ; and there being well entertained,
from thence we went to Kilkenny, where we were no less
entertained by the Earl of Ormond. There, on New
Year's-day, the Archbishop of Dublin preached the word
of God, having very good audience, and published the
King's injunctions, and the King's translation of the
Pater Noster, Ave Maria, the Articles of Faith, and the
Ten Commandments, in English — divers papers whereof
1 State Papers, Henry VIII., vol. ii. p. 437.
2 28 Henry VIII. Ir. chap. xii.
LORD TRIMLESTOWN, CHANCELLOR. 191
we delivered to the Bishop and other prelates of the CHAP.
diocese, commanding' them to do the like throughout -_ " , — _^
their jurisdictions. The Saturday following we repaired
to Eoss, which town having been heretofore one of the
best towns of this land, being also situated in the best
place of these parts for subduing the Kavanaghs, is in
manners utterly decayed and waste, by reason of the con-
tinual war and annoyance of the Kavanaghs, which can-
not be helped while the Kavanaghs remain unreformed.
Then the morning after, the said Archbishop preached ;
that night we went to Wexford, where the same Arch-
O J
bishop preached on the Epiphany day, having a great
audience and publishing the said injunctions. The Satur-
day following the Epiphany we came to Waterford, where
the Mayor and his brethren during our abode, both well
entertained us and used themselves very obediently in
conforming themselves to our orders and directions.
There, the Sunday, my Lord of Dublin preached, having
a very great audience, when also were published the
King's injunctions. The day following we kept the Ses-
sions there both for the city and the shire, where was put
to execution four felons, accompanied with another, a
friar, whom, among the residue, we commanded to be
hanged in his habit, and so to remain upon the gallows
for a mirror to all his brethren to live truly.' l
This, happil}', unique mode of inculcating Christian
doctrine, was attended with exactly the consequences that
might be expected from it. The people recoiled with horror
from a creed that used no better arguments than punishing
religious opinions as felony, and hanging their clergy in
their habits — pour encourager les autres. Whether the Lord
e'ood living, or hard work, told upon the constitution of ch*n~
cellor s
the Chancellor, I know not, but he quickly succumbed to death,
the summons of death, and yielded up his life in 1538.
During the reign of King Henry VIII. there were few pariia.
Parliaments held in Ireland ; yet many useful English ments in
statutes were adopted, and the laws of England and Ire- during the
1 State Papers, vol. iii. p. 108.
192
REIGN OF HENRY VIII.
CHAP.
XIII.
rei^n of
Henry
VIII.
Enrolled
decrees of
the reign
of Henry
VIII.
land were much assimilated. An important Act was
passed respecting- absentees.1 Receiving rents through
agents was regarded as a crime ; and those English noble-
men, who by marriage or descent acquired lands in Ireland,
on which they never resided, were expected to grant them
to persons who would do so. The King's Majesty (for the
reformation of the said land, to foresee that the like shall
not occur hereafter) with the consent of his Parliament,
pronounced forfeited the estates of all absentees, and that
their right and title was gone.2
1 28 Hen. VIII. Ir.
2 A construction was put upon this singular statute in the case of the Earl
of Shrewsbury, also Earl of Waterford, reported in the 12th part of Lord
Cokes' Reports : ' It was resolved by the Judges in England, to whom the ques-
tion was by the Privy Council referred, that the Irish Act against absentees
did not only take away from the Earl of Waterford the possessions which were
given to him at the time of his creation but also the dignity itself.' The
Court said: 'It was with good reason to take away such dignity by Act of
Parliament, and although the said Earl of Shrewsbury be not only of great
honour and virtue, but also of great possessions in England, yet it was not the
intention of the Act to continue him Earl in Ireland when his possessions were
taken from him ; but that the King at his pleasure might confer as well the dig-
nity as the possessions to any other, for the defence of the said realm.' In lec-
tures by the Right Hon. James Whiteside (now Lord Chief Justice of the Queen's
Bench, Ireland), on the Irish Parliament, he states: 'I ought to mention that
the propriety of this decision of Lord Coke and others came before the Lords
in 1832, in the case of the Earl of Shrewsbury, claiming as Earl of Waterford,
to vote at the election of Representative Peers of Ireland; and it was held,
that the dignity of the peerage was not taken away by the Irish Act against
absentees ; and that the opinion above cited was not binding upon the Houso
of Lords, or any other court of justice.' Life and Death of the Irish Parlia-
ments, part i. p. 41.
I have examined the enrolled CHANCERY DECKERS of this reign, number-
ing sixty-one, in the public Record Office, Four Courts, Dublin, they are
chiefly on bills filed for account — to give parties quiet possession of dis-
puted lands — one or two were somewhat peculiar and might have been tried
at law, such the cause of Maurice Eustace and Lord Killyn. Decree directing
payment of eight marks in satisfaction of a horse taken by defendant, and an
injunction to issue to enforce compliance with the decree. A decree decides a
certain wall to be a party wall. Another directs the Archbishop of Dublin to
be put in possession of the island called Ireland's Eye.]
LIFE OF SIE JOHN ALAN, CHANCELLOR. 193
CHAPTER XIV.
LIFE OP SIR JOHN ALAN, LORD CHANCELLOR OF IRELAND.
JOHN ALAN, or ALLEN, was a native of England, and lias CHAP.
XIV
been described of Cowtishale, in the county of Norfolk.
gentleman.1 He was one of a large family; four brothers Sir John
beside himself having established themselves in Ireland,
They acquired considerable stations and high legal ap-
pointmeiits, chiefly in connection with the Court of The fam;iv
Chancery. It is stated, and I believe with truth, they of Alan.
were cousins of the Chancellor and Archbishop Alan,
whose sad fate at the hands of Lord Offaly I have already
recorded. From a letter which I insert in this ' Life of
Sir John Alan,' I fear it must be concluded that ' Silken
Thomas ' was not as free from the stain of that deed as
his friends would have wished. John Alan devoted him- John a law
self to the study of law. He was admitted to the bar, Btudent-
and selecting Ireland for the theatre of his forensic in Ireland.
operations, quickly obtained practice and place. The office Appointed
of Master of the Rolls of Ireland was conferred on him the Roils
by patent, read in the Council Chamber in Dublin Castle^
on August 18, 1534. On August 31, he was sworn in,
before the Archbishop of Armagh, Lord Chancellor, and
took the oath of office.2
1 Pat. Eoll of Cane. Hib. 29 and 30 Hen. VIII.
2 ' Ye swear that ye well and trnlie shall serte or Sovraigne Lord the King Oath of the
in the office of the Clerc, Kcper, and Master of the Holies of his Chancery of Master of
Ireland, and the rolles. process, records, and muniments of the said Corte ye Rolls,
shall truelie and surelie conserve and kepe or see them to be conserved and A'D'
kept to yr power. Ye shall not a&seiit ne procure the disherison ne ppetual
hurte of the King to yer power. Ye shall do no fraude, ne procure non to be
dan to the hurt of the Kynge's peple, nor in anything that toucheth the keeping
'of the Great Seale, and faithfully and trulie shall you connsaile the things which
touch tho King when ye thereto shall bo required, and the counsaile that ye know
VOL. I. O
194 REIGN OF HEXRY VIII.
CHAP. In the month of February, 1534, Gerald Earl of Kil-
^ T ' ^ dare went to London, leaving- Lord Offaly Viceroy. On
Letter May 1 7, John Alan, then Master of the Eolls, and four of
L0sr^ecting his brothers, all enemies of the Geraldines, wrote to an-
Offaly. other brother, named Thomas, Warden of Youghal College,
who was in London, the following letter : —
' Right worshipful brother, — We heartily recommend us
unto you, notifying you that my Lord of Desmond l
marvels greatly at your long tarrying ; moreover we cer-
tify you of truth, that Thomas Fitz Gerald, the Erie of
Kildare, his son, is now with my Lord O'Brien,2 and makes
all that ever he can to obtain my Lord of Desmond's good
will, and as yet we do our best to keep him from his pur-
pose in that behalf, and shall do, with God's grace. More-
over the said Thomas hath burned all your cornys that
lay in Little Bewerly, and he says wheresoever he meets
with you he will slay you (with) his own hands, for be-
cause that you hold so soor with the King's grace, and
causeth the Erie of Desmond to buy his fees, also with all
your brethren and kinsfolk do stand in jeopardy of their
lives for your sake,3 wherefore we counsel you to instruct
the King of this promise, and cause his Grace to write a
letter to my Lord of Desmond in all haste to take the said
traitor, and also to cause my Lord O'Brien to withdraw
touching him shall ye conceal. And if ye know the King's disheritance, or his
ppetual hurte or fraude in things to be doon, touching the keping of the said
Seale, ye shall put yr lawfull power to redress it and amend it; and if ye cannot
do it, ye shall shew it to the King or the Chancelor, or other that may amend
it after yr intent. Ye shall see the patents, writtes, and other proces of the
chancerie to be recorded and enrolled by yor self or yor clerkes, as to yor office
apperteyneth ; ye shall admit no clerke, attorney, or other officer or mynyster
to serve or mynyster in the said corte, but soch as in yor conscience ye shall
think to be able thereunto ; ye shall minister indifferent right and justice to all
the King's peple that shall have to do before you, according to the King's
conscience. And all other things that apperteyneth to yor office as Master of
the Rolls, ye shall doe and observe, soe God ye helpe, all his saynts, and the
holy evangelestes.' Pat. Roll 25 Hen. VIII.
1 Thomas twelfth Earl of Desmond, the Warden of Youghal was his officer.
- O'Brien, of Thomond.
3 This letter was written about six weeks before the slaughter of the Arch-
bishop, on July 19, 1534.
LIFE OF SIR JOHN ALAN, CHANCELLOR. 195
liis favour from the said Thomas and all other his Lords, CHAP.
"VT\r
for the rather the better ; for if you were with us, AVC put . / '_.
no doubt but we should, with your wisdom and help, dis-
place him and his, and that soon ; moreover you send to
me for more costs ; by my troth, I have lost 300L in the
river of this year ; I thank God of all : I send you
by this bearer 31. 3s. 4d., for I have paid to your priests for
their wages at Easter last past 201. 6s. 8d., and I have paid
to your workmen 12Z. 3s. 2d. No more to you at this
time, but Jhesus bring you home shortly.
' Written in all haste at Youghyll, in Ireland, the 17th
day of May, by your brethren,
'RICHAKD ALLEN, JOHN ALLEN,'
* ROBERT ALLEN, JASPER ALLEN, and
' MELLSHER ALLEN.
* To his right worshipful brother.,
* Mr. Thomas Allen,
'Warden of the College of Youghyll/
It was only a few weeks after the date of this letter The rebel-
the rebellion of Thomas Lord Offaly startled the king- J"°n of
Thomas
dom, and, like the insurrection of that ill-fated enthusiast. Lord
who much resembled the impetuous young noble, Robert
Emmet, commenced with the slaughter of a high digni-
tary, in one case the Archbishop of Dublin, in the other
the Lord Chief Justice of the Court of King's Bench.2
I find it was not deemed infra dig. for his Honour to be cjerj. jn
a clerk in Parliament. The entry in the Patent Rolls of Parlia-
1534-6, recite — 'Appointment of John Allen, Vice-Chan-
cellor or Master of the Rolls of Chancery, to the office of
clerk of the Parliament, with a salary of 2s. a day during
the parliamentary session.' By letters patent on Decem- Grant tn
ber 1, 1538, he had a grant of the site, circuit and lands of sir Jolin
the late monastery of St. Wulstans, the manor of Donagh-
1 Proceedings Kilkenny Arch. Soc. vol. ii. N. S. p. 336.
J Lord Kilwarden, murdered in ISOo.
196
EEIGN OF HENEY VIII.
CHAP.
XIV.
Lord
Keeper.
Lord
Chan-
cellor.
SirThomas
Cusack.
Intrusted
with the
Great Si. al.
Chancellor
not a Ma-
gistrate
ex ojjlcio.
cumper, and other denominations of land in the county of
Kildare for ever, by tlie service of one knight's fee, rent
Wl. Both in England and Ireland the lands of the sup-
pressed religious houses became the prey of those who did
King Henry's will. At this time, Audley, Chancellor of
England, in consideration of the bad law laid down by
him on the trials of Fisher, Sir Thomas More, Queen Anna
Boleyn, Courtnay, and Pole, obtained the Priory of the
Trinity, near Aldgate, in addition to the Garter, and other
marks of royal favour.1
When Sir John Barnewall, Lord Trimlestown, died in
1538, JOHN ALAN, Master of the Eolls, was appointed Keeper
of the Seal, and on his resigning the office of Master of the
Rolls, was succeeded by Sir Thomas Cusack, of Cussington,
knight. In the following year, A.D. 1539, Alan was granted
the office of Chancellor of Ireland.2 Directions were
given to the Under Treasurer respecting the allowances to
be made to him for exercising the office of Chancellor,
with such ( issues and profits, as the Bishop of Ferns, the
Archbishop of Dublin, or Eoland Eustace enjoyed, and
for this purpose to make search among the records of the
treasury, by which the perfect truth thereof may be made
known. Signed, THOMAS CEOMWELL.' 3 Lord Cromwell,
though apparently in high favour, having a seat in Parlia-
ment above the Archbishop of Canterbury, as Vicar-
General, was hastening to his fall. Leave of absence
being granted to the Lord Chancellor to repair to the
King's presence, Sir Thomas Cusack, Master of the Eolls,
was intrusted with the custody of the Great Seal in his
absence. The King probably wished to preserve some
uniformity in the religious doctrines he prescribed for the
Eeforined Churches of England and Ireland.
By letters patent of 32 & 33 Henry VIII., it appears the
Chancellor was not ex officio a magistrate, for it appoints
1 Vide Lord Campbell's Chancellors, vol. i. p. 611.
2 Pat. Roll in Cane. Hib. 30, Henry VIII.
3 Ib. Patent to hold during pleasure with custody of the Great Seal and
power to examine and determine all caxises and suits according to the law and
custom of Ireland.
LIFE OF SIR JOHN ALAN, CHANCELLOR. 197
John Alan, Chancellor, with others to be Justices of the CHAP.
XI V
Peace for the county of Meath.
King Henry was now taking very bold measures to assert
the Royal supremacy in Church and State ; and woe be-
tide the unhappy layman or ecclesiastic who dared to resist
his might. On June 7, 1539. ' the bloody Bill of Six Ar-
biters ' was carried through the House of Lords in three
days, and obliged, under the most penal consequences,
the doctrines of the Catholic Church to be rigidly observed.
In the Commons it passed through the various stages with
equal rapidity. The expulsion of twenty-seven mitred
Abbots and Priors from Parliament hastened the downfall
of the monasteries, and showed a strange way of uphold-
ing the Church. To enable the despotic King to dispense
with Parliaments altogether, the English Chancellor,
Audley, procured an Act to be passed, whereby the King's
proclamation, having the assent of the Privy Council, was
to have the force and effect of an Act of Parliament. '
In 1539-40, a Royal Commission issued to George Arch- Deputies
bishop of Dublin, John Alan, Chancellor, and William '
Brabazoii, Vice Treasurer, appointing them to act as de-
puty to Thomas Lord Cromwell, Keeper of the Privy
Seal, whom, the King had constituted his Yicar-General
and Vicegerent in ecclesiastical matters.
The Chancellor soon had plenty of work in reference to
Church matters. In the April of the same year, he, with
the Archbishop of Dublin (Brown), the Vice Treasurer, houses.
Robert Cowley, Master of the Rolls, and Thomas Cusack,
Esq., were named Commissioners for the purpose stated
therein. This sets forth in terms more forcible than
polite, ' that from information of trustworthy persons, it
being manifestly apparent that the monasteries, abbies,
priories, and other places of religious or regulars in Ire-
land are, at present, in such a state, that in them the
praise of God and the welfare of man are next to nothing
regarded, the regulars and others dwelling there being so
addicted, partly to their own superstitious ceremonies,
1 31 Hr-n. VIII. c. 28.
198
REIGN OF HENEY VIII.
CHAP.
XIV.
Sir An-
thony
Seynt-
leger
Viceroy.
partly to the pernicious worship of idols, and to the pes-
tiferous doctrines of the Eomaii Pontiff, that unless an
effectual remedy be promptly provided, not only the weak
lower order, but the whole Irish people may be speedily
infected to their total destruction by the example of these
persons. To prevent, therefore, the longer continuance of
such religious men and nuns in so damnable a state, the
King (having resolved to resume into his hands all the
monasteries and religious houses, for their better reforma-
tion, to remove from them the religious men and women,
and to cause them to return to some honest mode of
living, and to true religion) directs the Commissioners to
signify this his intention to the heads of the religious
houses ; to receive their resignations and surrenders will-
ingly tendered ; to grant to those tendering it liberty of
exchanging their habit, and of accepting benefices under
the King's authority ; to apprehend and punish such as
adhere to the usurped authority of the Eoniish Pontiff, and
contumaciously refuse to surrender their houses ; to take
charge for the King's use of the possession of these
houses, and assign competent pensions to those persons
who willingly surrender.' l We may well conceive the state
of alarm, which the promulgation of the edict caused
among the monks and nuns of Ireland. They were to be
torn from the houses in which they served God and His
poor, and Henry VIII. was to take them into his royal
care for their better reformation ! ! This pious monarch, so
tender of the souls of the religious men and women, was
engaged at that moment breaking the solemn vows with
Avhich he had wedded Anne of Cleves, merely because he
did not like her High Dutch face ; and he married the
Lady Catherine Howard, whom he speedily beheaded.
A change in the Viceroyalty was made at this time, and
the office of Deputy of Ireland conferred on Sir Anthony
Seyntleger, knight, one of the gentlemen of the King's
Privy Chamber. On July 25, 1541, the new Viceroy took
the oath of office in the Cathedral of the Holy Trinity,
1 Mori-in's Calendar of Pat. and Close Rolls, vol. i. p. .55.
LIFE OF SIR JOHN ALAN, CHANCELLOR. 109
Dublin, before the Lord Chancellor and the Lords of the CHAP.
Council. He thereby pledged himself faithfully to main- ^_" ._ ' _^
tain and defend the law of God and the Christian faith,
to observe the usages, rights, ceremonies, and liberties of
Holy Church ; to give faithful counsel to the King's people,
and keep the King's counsel.1 It was a task requiring no
small courage to undertake the Irish Government at this
period. Lord Leonard Grey, who had been recently
Viceroy, was tried 011 several charges preferred against
him for maladministration in Ireland ; among them, that
he had secretly aided the Geraldines, their allies and Irish
chiefs hostile to the English interests ; and after the re-
bellion of Silken Thomas, had allowed young Gerald, the
Earl of Kildare's son, to escape to Rome. The trial ended
in conviction, and the usual sentence of Henry VIII. cost
Lord Grey his head on Tower Hill, A.D. 1541.2
While Sir John Alan was Lord Chancellor, a step towards Legal
legal education in Ireland was taken. Patrick Barnevvall,
King's Sergeant, in a letter to Cromwell, suggested the Letter
propriety of establishing in Dublin an Inn of Chancery, ^ Lord
that is, a house wherein, as Fortescue observes, ' the respecting
students are, for the most part, young men, learning the chance °f
first elements of the law, and becoming good proficients,
weth that there should be a house of Chancery here,
where such as were towarde the lawe, and other yonge
therein, whence as they grow up they are taken to the
greater hostels, which are called the Inns of Court.' In
this letter Barnewali says, ' Yf your lordchippe thoght fyt
gentlemen might be together ; I reckon hyt wold doe
inoche good, as I have declared ere now unto your lord-
chippe, and in especyall for the incresse of Engiishe tonge,
habits, and ordyr, and allesoo to the mene as such as hath
or shal be at study in England, shold have the bettyr in
remembrans ther laryng, for defaut whereof now in effect,
we doe forgyte nioche of that lytyll laryng that we
atteyned there.' 3
1 Pat. Roll in Cane. Hib. Temp. Hen. VIII.
* Catechism of Irish Hist. p. 219. 2 State Papers, II. 67].
200
REIGN OF HENRY VIII.
CHAP.
XIV.
Petition
from the
Irish
judges and
lawyers.
The judges
separated.
Import-
ance to
students.
The house
of Black-
friers.
This letter was written at the right time. The suppres-
sion, of monasteries placed at the disposal of the Crown
the once splendid structure of the Dominicans, or Friars
Preachers, and this Abbey of St. Saviour was well adapted
to serve for the future Inns of Court. A petition in sup-
port of the letter was addressed to the Privy Council of
England in these words : —
' Our humble duties remembered to your most discreet
wisdoms, - - Please it the same to be advertised, that
whereas we, our soveraine Lord the King's Majestie's
Judges and learned Counsaill of this Realm of Ireland and
others lerned in his Highiies' lawes, and such as hath pre-
sedet us in our romhis before this tyme hathe been searved
in terme tyme, in several merchantes' howsis within the
citie of Dublin, at borde and lodging ; so that whensoever
anything was to be done by the said Judges and Counsail
and others lerned for the setting forthe of our said sove-
rain Lorde's causes, and other to our charges commytted,
tyme was lost ere we coulde assemble ourselves togither,
to consult upon every such thing, therefor we, pryncypaly
considering our humble and boundyii duties unto our said
soveraine Lord, the comenwelthe of this realnie,and also the
bringing upe of gentlemen's sonnes within this realme,in the
English tong, habits, and maners, thoght it inete to be in
our house togithir at bord and lodging, in terme tyme, for
the causes aforesaid, and for the same intent and purpose
we toke the late suppressed house of Blakfriers,in the South
Barbis of the said citie, and kept commons ther the last
two yeris termely. And considering our said terme and
faithful uiifamed purpose in our judgementes and under-
standing to be bothe to the honor and profitt of our said
soveraine Lord, the comenwelthe of this realme, and
th'encres of virtue, we mooste humble beseeche your dis-
creet wisdoms to be so good unto us as to be a meane unto
our said soveraine Lord, that we may have the said house
and the landes thereunto belonging, which is surveyed at
the yerly valer of alevyn. (eleven) marks sterling, or ther-
about, whiche is not able to maiiitaine th contiiiuiall repera-
LIFE OF SIR JOHN ALAN, CHANCELLOR. 201
cioiis thereof, after such like sorte and facion as shall CTIAF.
XIV
please his Majestie to depart with unto us, and to name yj Y '_..
the said house as the same shall be thoght good by his
Majestie, for we doe call the same now the King's Inn— The King's
and for the furder declaracyon of our myndes in this
behalfe, it may please your discreet wisdoms to give
credens to Master Dowdall, bearer hereof, who can relate
the same at large. And thus we commit your discreet wis-
doms to the tuicion of God with continuall encres of honour.
' Fro the Kinge's citie of Dublin, 29th of August (1541),
' Your OEATOES, &c.,
' To the Kinge's most Honorable Counseille in England.'
O
The same year the King demised to John Alan, Chan- Lease to
T 1
cellor, Sir Gerald Aylmer, Justice, Sir Thomas Luttrel, chancellor
Justice, Patrick White, Baron, Patrick Barnewall, King's and
Sergeant, Robert Dillon, King's Attorney, and Walter
Cowley, and to the other Professors of the Law, the
Monastery of the Friars Preachers, declaring this house of
Ohancery ancillary to the Inns of Court in England.
From some cause or other Sir John Alan did not give Alan de-
. i ,,
satisfaction to the Viceroy, Sir Anthony St.-Leger, who theVChan-
made such representations to his disfavour that he was cellorship,
deprived of the Great Seal. This seems to have mortified No retiring
Alan extremely, because, thereby, he was not only deprived pe
of a post of great honour, but his very means of exist-
ence were taken, as the comfortable retiring allowance of
later days 1 was not then granted to Ex-Chancellors. It is, Some com-
however, only fair to state that, whatever could be done to fo^ios^of
alleviate the loss was done on this occasion, as we shall office-
presently find.
When the Great Seal was received from Alan, it was Succeeded
immediately given to SIR EICHAED EEADE. There appear j([c^![rd
from the records considerable indulgences were granted at Reade.
this time to Ex-Chancellor Alan. In a letter from the l'iclul-
to
Lord Protector Somerset and the Lords of the Council in Ex-Chan-
cellor.
1 Four thousand pounds per annum is the allowance to ex-Lord Chancellors
of Ireland.
202
REIGN OF HENRY VIII.
CHAP.
XIV.
Reade's
appoint-
ment
confirmed
Queen
Mary's
letter.
England, when the young King Edward ascended the
throne, addressed to Sir Anthony St. Leger, Lord Deputy,
and the Council in Ireland, Master Alan was to have
' restoration of all his leases, offices, goods, and chattels,
notwithstanding the surrender of his office of Chancellor,
with liberty to convey his goods without search or seizure
into England ; that he shall have the Constableship of
Mayiiooth, with the arrears of the fee, and the rest of his
offices, the farm . of Kyle, and all his farms, leases, and
things, notwithstanding his absence ; and that at all times,
when he shall think fit he may, either by his wife or ser-
vants, transfer from Ireland all his moveable goods without
any search or restraint, as they would be lothe he should
have cause to make further suit.'1
Sir Richard Reade was appointed Lord Chancellor
and Lord Keeper by Henry VIII. ; but his patent having
determined by the death of that King, a new one was
issued by Edward VI., confirming his appointment. The
surname of this Chancellor is derived from the Saxon
word red or reed, which shows its Saxon origin.2 During
the time Sir Richard held the Great Seal, there was little
business in the Equity Courts. The anxiety respecting a
threatened invasion by the partisans of Gerald, the young
Earl of Kildare, kept the inhabitants of the maritime
towns on the alert, while his allies in the country burned
and plundered Bally more-Eustace on the Liffey, and
other towns. The O'Mores and O'Connors Ealy joined in
the insurrection, and the Deputy St. Leger was defeated
in trying to reduce them to submission. He returned with
superior force ; and, with great destruction to life and
property, the authority of Government was successfully
vindicated and established.3
Queen Mary held Ex-Chancellor Alan in much esteem,
as appears by the following letter, written in 1553, entitled
' The Queen to the Lord Deputy and the Chancellor : —
' Having licensed our trusty servant, Sir John Allen,
• Pat. Roll in Cane. Hib. Hen. VIII.
3 Catechism of Irish Hist. p. 223.
8 Burke's Peerage.
LIFE OF SIR JOHN ALAN, CHANCELLOE. 203
late Chancellor of that our realm, to repair hither, and CHAP.
demore or return at his pleasure ; and, considering the ^ _v t ' ^
trusty functions which he had, for a great time there, both
under our father and brother, and his long experience and
travail in public affairs, we judge him worthy such trust,
as he is meet always to remain one of the Privy Council ; Retained
H Privy
and, in respect of his infirmities and age, we mind not that Councillor.
he should be compelled to go to any hosting or journies,
but when he conveniently may ; and, as we signified our
contentation unto you, that upon surrender of his leases
not yet expired, you should make a new lease to him for
twenty-one years. That same be made notwithstanding
difficulties.' l
Alan's account of words charged to be spoken by the Alan's
Viceroy, Sir Anthony St. Leger, against the Protestant reli- conversa-
tion. is curious, and not creditable to the then Archbishop ^on with
tho Viceroy
of Dublin. Having received letters from the Council of St. Leger.
England of the coming of Lord Cobham, with an army,
and that all due preparations should be made against their
arrival, Alan went to Kilmainham to apprise St. Leger,
the Deputy, of this event; St. Leger, with others of the
Council, being in a room called St. John's Chamber, drew
Sir John Alan aside to the great window, and enquired
the cause of his coming. Alan informed him ; and, in.
order to uphold the authority of the Deputy, asked him
for his Commission to certain persons, who would provide
all things requisite. He did so, he informs us, for the
Deputy's sake, rather than do so by virtue of the authority
contained in the letters. The Deputy, aware of his kind
motive, promised compliance. The conversation then
turning upon a French invasion, St. Leger enquired of
Sir John Alan, as a man of knowledge in Irish affairs,
' what the French expected ? ' Alan replied, ' They ex-
pected to persuade the Irish to have Ireland united with
the Crown of France.' ' That were a vain device,' replied
St. Leger, 'for the Irish would be no longer subject to
them than they pleased themselves, but would be as
1 Pat. Rolls in Cane. Hib. temp. 1 and 2, Philip and Mary.
204 KEIGN OF HENEY VIII.
CHAP, wavering1 with them as with the English.' Alan observed,
XIV.
' If they could banish the English and keep the seaports,
the Erench would be content.' The Deputy then said,
' The King of France is in the flower of his youth ; and, if
the Emperor were gone, he aspires to be Lord of Chris-
tendom ; and, knowing there was no impediment but the
King of England, would try so to occupy the English
troops in Scotland and Ireland, that he should find no
hindrance elsewhere.' After having remarked on ' the cold-
ness of the Emperor towaixls England,' Alan said * he never
could hear of any cause, except offence at the Church of
England.' To this St. Leger answered, ' It was no great
marvel that he should be offended therein, for, in. that
matter, among themselves, they disagreed, and that every
man of experience must know, that if the French came to
Ireland, they would have more friends among the Irish,
for religion's cause than for their own ; and, so God help
me, for my own part, when the Lords of the Council
sent me to further matters of religion here, I had much
rather they sent me to Spain, or any other seat of war ;
and I told my Lords no less.'
After this they went to dinner, and, not having a clerk
at hand, Alan made out the requisite Commission, which
the Deputy signed ; after this he bade St. Leger farewell.
Spends the On returning to Dublin, Alan spent the evening with
the Dean. of Christchurch, with whom he met the Arch-
of Christ- bishop of Dublin, and Mr. Basnet, late Dean of St. Patrick's,
and, after supper, the news of the day and the expected
The Arch- French invasion were spoken of. The conversation then
l ' 1 *
opinion turned on the faults of the Viceroy, and the Archbishop
ot.the said, 'he was but a dissembler in religion, and was never
A iceroy.
willing to have it set further here.' On this Alan stated,
1 he was not far amiss there, for that day his Lordship
had confessed as much to him.' ' Did he,' replied the
Words Archbishop ; ' I prae you to remember that.' Some time
after> Alan was informed, the Archbishop stated the
Deputy delared to Alan, ' that if the Lords of the
Council had let matters rest as King Henry VIII. left
LIFE OF SIK JOHN ALAN, CHANCELLOR. 205
them, and had not sought to alter the religion of the CHAT1.
V 1 \r
people, there would have been no rebellion in Ireland ; ' ___,.__,
and he, the Archbishop, would produce Sir John Alan to
prove this. Alan at once stated, ' that although he con- Denial,
sidered the Lord Deputy had done him great injury, by
taking from him honour, estimation, and means of sub-
sistence, so that if he followed the natural desire for
revenge he might suffer, and the usage he sustained would
not make him an indifferent witness. Yet, for all that,
he would tell no lie to harm him, therefore the Archbishop
would not be able to prove his case by his (Alan's)
evidence.'
The Archbishop having been sent for by the Lords Arc-h-
of the Council of England, to substantiate his charges trtesTo
against St. Leger, sent for Sir John Alan, bade him re- sustain the
member the conversation related above, and the words
' If the Lords of the Council had left matters as Kiny
Henry VIII. left them, &c.' Alan replied, ' that besides his
not being an indifferent witness against St. Leger, he
remembered no such words spoken by him.' The Arch-
bishop insisted he had told him so in the presence of the
Dean, of Christchurch and Mr. Basnet; whereupon Alan
referred to these clergymen, and both concurred with him Alan cor-
— ' they did not hear him say, as the Archbishop alleged.' roborilted-
The Archbishop sent the Bishop of Kildare to induce Conduct
Sir John Alan ' to write down the words used by the ™ the ex~
J Onan
Viceroy,' and he replied, ' he would do nothing of the cellor.
kind '- -I suppose, regarding the conversation as confi-
dential. * So, my Lord,' said he, ' that albeit I love his
little toe better than all Mr. St. Leger's body, yet I will
do nothing against truth, nor that which shall not be
decent for one that hath been placed as I have been.
Therefore, if it shall please my Lords of the Council to
command my Lord Deputy to examine me 011 oath, I will
truly declare what Mr. St. Leger said to me in Kil-
mainham.' '
1 Deposition of Sir John Alan touching certain words laid by the Archbishop
of Dublin to Sir A. St.- Leger's charge.— Shirley's Original Letters, 65.
206
REIGN OF HENRY VIII.
CHAP.
XIV.
The
Viceroy
removed.
Reinstated
by Queen
Marv.
Death of
Sir John
Alan
Sir Anthony St. Leger was, however, removed through
the influence of the party then bent on establishing the
Protestant religion in Ireland. This, of course, was a
strong recommendation of him to Queen Mary, who on
her accession restored him to his post, and gave him in-
structions to restore the Catholic rites.1 This was in
1553 ; but he did not remain in office more than three
years, having been superseded by Lord Fitzwalter, after-
wards Earl of Sussex, in May 1556; and this year Ex-
Chancellor Alan died. Judging from his conduct with
reference to the forbearance he had used towards the
Viceroy, St. Leger, he appears to have had a high sense
of honour and regard for truth very commendable.
1 Shirley's Original Letters, 75.
LIFE OF LORD CHANCELLOR CUSACK. 207
CHAPTER XV.
LIFE OF SIR THOMAS CUSACK TO THE DEATH OP
KIXG HENRY Till.
THE family of Cnsack is of great antiquity. Sir Bernard CHAP.
5C V
Burke, in his valuable Dictionary of 'Landed Gentry,'
traces them from the Sieurs de Cusac, an illustrious race Family of
in Guiemie, whence they passed with the Norman chivalry
who conquered under William on the plains of Hastings.1
Hence they accompanied John into Ireland. In the same
careful work, another, and more national descent is given.
That the race have sprung from Olioll Ollum, King of
Minister, A.D. 234, who was ancestor of Isog, head of the
Clanna Isog, or Cusack, of Clare, where they held large
territories as a sept of the Macnauiaras.
A brief glance at the high offices filled by members of High
this family, sufficiently attest the repute in which they
were held. Geoffrey de Cusack, Lord of Killeen, was
summoned to the first Irish parliament A.D. 1295. A de-
scendant of this nobleman, named Joan, married Sir
Christopher Plunkett, and, being an heiress, brought
Killeen Castle, County Meath, as portion of her estate to
her husband. It has since been the family residence of
the Earls of Fingall, and gives the title of Viscount to
the eldest son of that nobleman. In 1309, Walter de
Cusack was summoned to the Parliament of Kilkenny,
1 They bear for their crest a mermaid, holding in the dexter hand a sword,
in the sinister a sceptre. The motto is a pious one : Am Maria plcne gratia. A
second motto is also indicative of religious faith : En Dim cst man espoir. This
last motto, when taken in conjunction with the fact that this family obtained
place and power in Ireland immediately after the settlement of the Anglo-
Norman here, inclines me to the opinion of the French, in preference to the
Irish origin.
208 REIGN OF HENRY VIII.
CHAP, and, a little later, Sir John Cusack, Lord of Beaupeyr
^_Xr^' ^ and Gerardstown, in the County of Meath, had also sum-
mons to Parliament. Nor was it alone for wisdom in the
councils of the nation the Cusacks were distinguished.
The deeds rp^ were famed for deeds of arms. On the invasion by
01 arms. J
the Scots, when Edward Bruce, fired by the victory gained
by his brother Robert over the English at Bamiockburn,
sought in Ireland a fresh field for his prowess, and, united
with the Northern Irish, spread the crimson tide of
war over Erin, he advanced to the walls of Dublin, and
struck such terror into the breasts of the citizens that
they set fire to the suburbs, burning their Cathedral in
their haste, — the representative of the family of Cusack
was ready to oppose him. This was John Cusack, second
Lord of Gerardstown, who, with his brothers and men-at-
arms, hastened to the field. They joined the troops led
011 by Sir John Bermmgham against the Scots, who had
retired to the friendly shelter of the Ulster hills. The
opposing forces met near Dundalk, and a desperate conflict
ensued. It was long and bloody; the troops were well
matched, and fought with equal bravery, but an English
Knight, named Maupas, encountered the Scottish leader
in single combat, and gained a victory at the cost of his
life, for his body was discovered lying over the corpse of
his valiant foe. The death of Bruce terminated the en-
gagement, and the Lord of Gerardstown, with his brothers
Walter and Simon, were knighted on the field as a reward
for their distinguished valour.1
Estates gir Geoffrey Cusack married the daughter and heiress
t\ co i_n Ft?cl bv
marriages, of Adam Petit, who brought him the Manors of Cloney
and Gonock, in frank marriage. A grandson of Sir
Geoffrey, named John, married the daughter and heiress
of Robert Cosyiie of Cosyneston (now Cussington), who
thus added this property to the other possessions of the
Cusacks. From this marriage lineally descended John
Cusack of Cussington, who married Alison, daughter of
William Wellesley, of Dangan, and Mary, daughter of
1 History of Dundalk by D' Alton and OTlanagan, c. vi.
LIFE OF LOED CHANCELLOE CUSACK. 209
Sir Thomas Plunkett, of Eatlimore. The Welleslevs, or CHAP.
" XV
Wesleys, first came to Ireland in 1172; the founder of - _ --,—- -
the Irish branch having filled the honourable office of
standard-bearer to Henry II., which, probably, entitles
them to bear the standard in the crest. They obtained
various grants of land in Meath and Kildare in conside-
ration of military services, and were soon recognised
among the magnates of the land. William de Wellesley
sat in the Irish Parliament in A.D. 1330 as Baron of
Novag-h, and Sir Richard de Welleslev was Sheriff of
o * •
Kildare in A.D. 1418. They, like the Cusacks, had success
in the matrimonial line, for, by the marriage of Sir Richard
Wellesley with Johanna, daughter of Sir Nicholas de
Castlemartin, he obtained the manors of Dangan and
Mornington. From them, descended Alison, wife of John
Cusack, of Cussington. This marriage was blessed with Birth of
increase ; and, about the year 1490, Thomas Cusack, the Cusack.
subject of my present memoir, was born. The absence of
any detailed account of this great man, who filled so large
a space in public estimation, renders it impossible for me
to give any very precise narrative of his earlier years. It
is quite true, however, that his parents resolved he should
not incur the reproach conveyed in the representation of
the then Archbishop of Dublin, Walter Fitz Simon, to
King Henry VII. , who deplored the state of young Irish- Young
men — spending their time in idleness, disdaining trade,
n
neglecting to qualify themselves for any learned profession, *ime °^
but depending entirely on the eldest son or head of the
family, became useless to the public. The condition of
the lower orders was not much better. Indeed, as the
organisation of society is so closely connected that one
class is, to a great degree, the reflex of others, when we
find habits of unthrift and improvidence in the superior,
we generally remark the like disposition in those of in-
ferior rank.
The mansion house of John Cusack being situate in the County
County Meath, there passed the youth of his children.
Meath, signifying a flat country, is named from its almost
VOL. i. p
210
CHAP.
XV.
Tara.
Monastic
schools.
School of
Duleek.
EEIGN OF HENRY VIII.
uniformly level surface. Here no mountains stretch their
sheltering arms to embrace the plains. No lofty peaks
tower to the clouds, few highlands break the expanse of
fertile champagne country. It is full of historic memories.
Here on the hill of Tara stood the Teamor (Great House)
where the national convention was held, when Ireland was
governed by her native Kings. It was here St. Patrick first
promulgated the Christian doctrine, and, after the advent of
the English, King Henry II. granted the ancient kingdom
of Meath to one of his principal warriors, Hugh de Lacy.
Situated within the limits of the Pale and adjoining
Dublin — it soon boasted a numerous baud of resident
nobles and gentlemen, and castles of Nangle's, Phepoes,
Missetts, De Bathes, and DeGernons, are extant in the walls
of Surlogstown, Duninoe, Athluniney, Slane, and Athcarne.
In this district, consecrated by the piety of St. Patrick
and his successors, there arose in any abodes of religious
men; and at Duleek, Navan, Scryne, Slane, and other
towns, monasteries were established. Here the pious
monks diffused the blessing of religious teaching to the
inhabitants, and, labouring in their scriptorium, tran-
scribed those classic works which, but for their protection,
would have been lost to us. ' Had not these retreats,'
observes the eloquent historian Macaulay, ' been scattered
among the huts of a miserable peasantry and the castles
of a ferocious aristocracy, European society would have
consisted merely of beasts of burden and beasts of prey.
The Church has been many times likened to the Ark which
we read of in the book of Genesis, but never was the re-
semblance more complete than during those dark times
when alone it rode, amid the gloom and the tempest, over
that deluge in which all that remained of ancient power
and ancient wisdom lay ingulfed.' To the neighbouring
school of Duleek, most probably, Thomas Cusack owed the
seeds of learning first implanted in his breast, and from
those revered lips of the monks he learned the languages
of Greece and Koine. Duleek, in the vicinity of his
paternal mansion, had long gained a well-merited name
LIFE OF LOKD CHANCELLOR CUSACK. 211
for sanctity. It derived its name, signifying ' A house of CHAP,
stone,' from a church said to be built by St. Patrick. ._ '_,
Here the zealous St. Kimiiaii presided, but located near
the coast ; its reputation for holiness was no protection
from the marauding Northmen, and it was often plundered.
When Thomas Cusack resolved to study law he had to
repair to England, for I cannot find there was any recourse
to Preston's Inn, and am disposed to concur in the
remarks of an able Irish solicitor, Mr. Littledale, who
observes, ' This kingdom at an early period of English Want of
legal edu-
rule, seems to have been particularly unfortunate in the Cati0n in
want of legal education even of the highest of its law Ireland-
officers, for we find that, in 1320, (14 Edw. II.) the liege
people of Ireland petitioned Parliament " That inasmuch
as the law is badly kept for want of wise justices, the
King do order that in his Common Bench there be men
knowing the law." l It cannot have been the case that
Preston's Inn was kept up in the time of Henry VIII., for
we find from the State Papers extant of that time, that
the Judges and members of the Bar in term times lodged
with merchants in the city of Dublin, so that I am inclined
to think Preston's Inn must have fallen into ruin.'2
When young Cusack entered as a student at law, either Law
here or in England, the students at this period were and Bar-
divided into three classes.3 ' First, mootmen, which are risters.
those that argue readers' cases in the Houses of Chancery,
both in terms and grand vacations, but of these, after eight
years' study, or thereabouts, are chosen utter Barristers ;
but of the latter, Barristers, after they have been of that
degree twelve years at least, are chosen Benchers, or
Antients : of which one that is of the puisne sort reads
yearly in summer vacation, and one of the Antients that
hath formerly read, reads in Lent vacation, and is called
a Double Reader ; it being commonly betwixt his first
and second reading about nine or ten years ; out of which
' Rot. Parl. I. 386.
2 Littledale, On Legal Education in Ireland.
8 Coke's Reports (A.T>. 1628), Preface, p. 2.
p 2
212 REIGN OF HENRY VIII.
CHAP. Double Readers the King makes choice of his Attorney
XV
— - ,_J - and Solicitor-General, &c., and of these readers are Ser-
jeants chosen, and out of them the King electeth two or
three, as he pleaseth, to be his Serjeants ; and out of
them are the judges chosen.'
Irish law Shortly before this time when young Cusack was pre-
students paring1 for his law studies, the kindly feelings towards
not ad- _ ' /
mitted to students from Ireland which now exists was not estab-
lished. Some of the Inns of Court in England would not
receive Irish students. In 1414 a statute enacted in not
very complimentary terms — ' That for the quietness and
tranquillity of England, and for the increase and mainte-
nance of Ireland, all Irish, and Irish mendicant clerks
called Deacons should quit the kingdom by a certain time,
on pain of life and limb, except graduates in the schools,
and Serjeants and apprentices of the law, and those who
had inheritances in England, and religious persons. Lin-
coln's Inn passed a rule in the 16 Henry VI. that Irishmen
should not be admitted into their society.'1 This conduct
produced results so disastrous that the Privy Council in.
Ireland addressed the following remonstrance to the
English Council. ' And where dyverse gentlemen of this
realm mynding to study the causes in the Irmes of Courte
in England, be by the resolutions of the said Innes re-
stranyed from the same, so that in the Myddle Temple ys
suffered to be none, we shall moste hartily beseche your
Lordshipes, that, considering the cyvilite that this Realm
ys now towarde, so as ther ys like to resorte thither from
hens, for the purpose aforesaid, more students than did
hitherto, and for that by the lawes by them in the said
Innes lerned and to be lerned, the cyvilitie and good order
of this Realme ys nioche mayntayned, and like to be more,
to move the Kynges Highnes that all gentlemen of that
countrey repairing to any Inne of Courte their to study
the lawes may be admytted as other the King's subjects be.'
This reasonable proposition was favourably received,
and the King replied ' that he had taken order with his
1 Rot. Parl. IV. 13, in dorso.
LIFE OF LORD CHANCELLOR CUSACK. 213
Council,' and ' that all our subgiettes of that our realme CHAP.
"V \T
resorting hither to study our lawes shal be as free in all ._ r "_^
the limes of Courte as our subgiettes of this realme be.'1 The King
Lincoln's Inn submitted, and set apart a chamber called c^ec
the ' Dove house ' (rather a sentimental name for an Inn Dove
of Court, where few of those very innocent creatures could house-
find rest), for Irish students, thence called the Irishman's
chamber. So we may conclude Master Thomas Cusack
consorted with the doves in the Irishman's chamber.
In early times, I doubt not, this compulsory attendance Law
in London was productive of great advantage to the Irish sfllflp11^ in
law students, however questionable the necessity for its
observance now. The order and method observed in the
course of procedure at Westminster Hall, the decorum
and respect prevalent in the Courts, the able men who
presided on the Bench and practised at the Bar, must
have impressed itself strongly on the minds of the students,
and given an influence to their conduct, a decorous tone
and demeanour greatly beneficial during their career at
the Irish Bar. Now that all these can be acquired in the Advan-
precincts of our Four Courts, Dublin, I may be permitted in Dublin.
to question the necessity for our students continuing to
resort to English Inns. Our laws differ in some respects
from the English, and therefore the time of Irish law
students would, I humbly conceive, be more usefully em-
ployed in the chambers of an Irish barrister than an
English one. The attention of the Irish Benchers has
already been usefully and beneficially engaged in providiii<>-
lectures, and it is likely many important changes with
respect to the status of the Bar will result from adopting
the English practice of electing Benchers now sought.
Law was always justly regarded as a noble science, and Looming
with young Cusack the prompting of ambition, and a desire ' rhomas
ci
for distinction, induced him cheerfully to undergo the
probationary training requisite for the call to the Bar. In
the retirement in which his youth was passed, he was
enabled to cultivate his mind and lay in a store of varied
1 State Papers, III. 417, 430.
214
REIGN OF HENRY VIII.
CHAP.
XV.
Court of
Henry
VIU.
"Wolsey
Chancellor
of Eng-
land.
Cusack
called to
the Bar.
Rebellion
of Silken
Thomas.
knowledge, the foundation of his future eminence. From
the hands of the pious teachers of Duleek he received the
writings of philosophers whose fame is fresh after three
thousand years, and by their aid he mastered those price-
less volumes which have come down through ages of
antiquity, at once a memorial of the taste and industry of
the laborious monks who preserved and perpetuated them.
Imbued with skill in logic and scholastic reasoning, he
was enabled readily to apprehend the abstract reasons on
which all laws are founded, and soon the works of Justi-
nian, Bracton, and Fleta, the Tenures of Littleton, the
Treatises of Glanville, and other legal authors then extant
were familiar to him. The young student reached London
and entered his name at one of the English Inns, and
pursued his studies with diligence and care. There was
much in the appearance of London in 1515 to interest the
youth. Henry VIII. was then not above thirty years old,
and extremely fond of all kinds of manly sports which
were carried on in public. He was very expert in arms ;
and the stately jousts, the frequent hunting parties, his
playing at tennis, his processions to and from Richmond
and Greenwich, attended with the utmost magnificence,
must have dazzled and delighted the beholders. These
were the palmy days of the renowned Wolsey, Cardinal
Archbishop of York, Lord Chancellor of England, whose
retinue was little inferior to that of his Royal master.
Cloth of gold, palfreys with housings embroidered in gold,
triumphal cars with musicians and singers, lutes, harps,
and viols, giants, dwarfs, and jesters, were continually
met. But, intent on acquiring the requisite learning of
his profession, Mr. Cusack was far better employed in
mastering the Entries and Year books, and copying the
precedents then in use, than attending many shows or
parties of pleasure. Having kept the requisite terms pre-
vious to his admission to the Bar, he was duly admitted,
and soon acquired the character of an able lawyer.
For some time after Mr. Cusack commenced to practise,
the rebellion of Silken Thomas, as Lord Offaly was popu-
LIFE OF LOED CHANCELLOR CUSACK. 215
larly called, prevented the due administration of the law. CHAP.
During this distracting event, men's minds could hardly — * T '_.,
have much thought of the peaceful pursuits of industry, Cusack a
and the professional reputation of Mr. Cusack must have the c0m-
been well established, for immediately 011 the promotion mon Pleas,
of Gerald Aylmer, who was appointed Chief Baron from ceilor of
the Bench of the Common Pleas, Mr. Cusack was ap-
pointed Justice in his room, and at this time also filled
the office of Chancellor of the Exchequer. He was re-
garded as a truly practical man, carefully discriminating
between truth and falsehood, and for his minutely examin-
ing every fact, as if upon it the whole case depended. nis -u
He was also remarkable, in times of great danger, for his dicial
prudence and moderation on the judicial bench, and held
in great respect. Yfhat contributed much to his popu-
larity was, because he so respected the customs, the
feelings, nay, the very prejudices and traditions of the
Irish, and, however they dissented from his views or judg-
ments, they always respected his motives, and gave him
credit for uprightness in the discharge of his duties. In Private
private life he was essentially domestic, with simple tastes llfe-
and inexpensive habits. When he sought out a wife to First mar-
share his advancing fortunes, he married a kinswoman, rmse-
Joan Hussey. Her family was of Anglo-Norman de- The family
scent, came over with Strongbow, and formed an alliance oi IIusse)'-
with the founder of the Ormond race ; Sir Hugh Hussey
having married the sister of Theobald Fitz Walter, in the
reign of Henry II. When Meath became a palatinate,
Peers were named, having a local rank, and, in 1347, Sir
John Hussey, Knight, Baron of Galtrim, was summoned
to Parliament. In the reign of Henry VIII., an Act of
Parliament in 1534 recognised oSTicholas Hussey as Baron
of Galtrini,1 and from this marriage of Thomas Cusack
with Joan Hussey was issue a son named Eobert. The
marriage, however, was not a happy one, causes arose
which darkened the sunshine of the young couple and
1 Patent, May 2i, 1535.
216
EEIGN OF HENRY VIII.
CHAP.
XV.
^ ,
Divorced.
Second
wife.
Family of
D'Aicy.
extinguished the fire of love. A separation was resolved
upon, and they were divorced.
Undeterred by the ill-success of his first marital venture,
Thomas Cusack resolved to try a second, and sought to
strengthen his family interest by a prudent connection.
He did not delay in fixing his choice, and married Maud,
daughter of Sir George D'Arcy, Treasurer of Ireland. Sir
Bernard Burke, in his * Landed Gentry,' considers this
family as the most eminent established in England by the
Norman Conquest, and amongst the peerages of past
times. As proof, this eminent genealogist reckons two
baronies in abeyance, one forfeited barony, and three ex-
tinct baronies, all of which had been conferred upon the
family of D'Arcy besides the earldom of Holderness. This
house had large possessions in this country, especially in
Westmeath, where the D'Arcys of Plattin have been re-
cognised for centuries as among the most respected
families in that county.
This union appears to have been productive of that
domestic felicity which the previous one failed to afford.
One son and seven daughters were the issue, and the state
of distress to which the country was reduced at this period
does not appear to have cast its shadow upon the mansion
of Cussington. While Dublin was beset by hostile bands,
so closely that the inhabitants were afraid to venture
without the walls on the southern side, no apprehension
was felt by the Judge or his family. We learn how towns
and villages were glad to purchase that security which the
State was unable to grant by money paid to some Irish
chieftain, and many a haughty English noble was forced
to procure peace for himself and his dependants by yield-
in o* black mail to the Celts of the district. The terror of
O
the English was aroused, and kept excited by the maraud-
ing Irish, who used to descend from the fastnesses by
night, and, crossing the Liffey close to the capital, would
traverse Fin gal, then the granary of Dublin, making prey
of flocks and herds, and escape ere the return of day.
Matters of State, and especially the state of the Church,
LIFE OF LORD CHANCELLOR CUSACK. 217
soon brought Judge Cusack prominently before the public. CHAP.
Efforts were made to induce the Irish nobility to give up . L,_! .
the Brehon laws, which diverted the order of succession
by Tanisty, and accept in lieu thereof hereditary peerages.
From a mistaken policy, the benefits of English law were Policy.
for centuries denied to the mere Irish, and when the mis-
chief of this was proved, a change was desired, and the
Privy Council and Courts of Law took cognisance and en-
tertained most willingly the suits of all Irish who submitted
their differences to the decision of the Judges. These
learned functionaries were clearly of opinion that Ireland
could never be under due government until the bonds
which linked the aborigines to the customs of their fore-
fathers and the regulations of the Brehon code were
severed, and in their place were substituted the wise
maxims and sound rules of the common laws of England.
The zeal and energy which Judge Cusack displayed in
these reforms procured him the honour of knighthood,
and, in the Parliament of 1541, Sir Thomas Cusack was
elected Speaker.
The esteem in which he was held at this time appears
in a letter, dated May 17, 1540, written by Sir William
Brereton, Lord Justice of Ireland, to the Earl of Essex.1
' And to certifie your good Lordship, as I am bouiiden, Letter
of all tho that doo the Kyiiq-es Highnes <?ood servis, S?I?.Sir
J & William
enioiigs whom, at this tyme, I do commend to your good
Lordship Sir Thomas Cusack, for faithfull, diligent, and
paynfull service, as well in Couiicill gyving, as other the
Kyiig's affairs, to his powre and farr above, since my
conimyiige here and afore (as it is said), is no less worthy
than to have your lordship's thaiikes, for I doe not per-
ceyve him to doo it for any profitt, but only for the Kynges
honor, and your lordships.'
In such times there was, I fear, very little morality
among public men, and assuredly in Ireland it could not
be found. Handed over, like India in later days, to the
care of Viceroys, whose government was, at most, of brief
1 State Papers, lien. VIII., vol. ii. p. 205.
218
REIGN OF HENRY VIII.
CHAP.
XV.
Lord
Grey's
Parlia-
ment.
Letter
from Arch-
bishop to
Henry
VIII.
duration, there was but one idea pervading the minds of
those in power, viz., to make the most of it, and accord-
ingly each chief Governor and his needy followers seized
with avidity every thing that fell in their way. The law
for dissolving monasteries was attended with disastrous
results, not alone to the pious inmates, but to the poor, for
whose benefit and relief the resources of the monks were
so lavishly expended. When brought into operation in
Ireland, it afforded a fine opportunity for providing means
to satiate the avarice of hungry Peers and courtiers, and
Ireland, having been prepared for obedience by a martial
circuit of the Lord Deputy, Lord Leonard Grey, a Par-
liament met in 1537, which evinced great alacrity in
obeying the will of Henry VIII. It declared the Kino-
supreme head of the Church of Ireland, the provisions
made in England for payment of first fruits to the King-
were adopted, and he was invested, not only with the first
fruits of bishoprics, and other secular promotions in the
Church of Ireland, but with those of religious houses. The
authority of the Bishop of Rome was solemnly renounced,
the oath of supremacy enjoined under pain of high trea-
son. Thirteen religious establishments were suppressed,
and their possessions vested in the Crown. Hitherto the
style of the Sovereign was Lord of Ireland, but, at a meet-
ing of the Privy Council, it was thought advisable to
recommend his Majesty to alter the title, and, accord-
ingly, Browne, then Archbishop of Dublin, addressed a
letter recommending ' that if it may so stand with your
Majesty's pleasure, that it were good that your Majesty
were from henceforth called King of Ireland ; whereunto
we think that in effect all the nobility and other inha-
bitants of this land, would agree, and we think that they
of the Irishry would more gladly obey your Highness by
the name of King of this your land, than by the name of
Lord thereof; having had heretofore a foolish opinion
among them, that the Bishop of Eome should be King of
the same. For extirpating whereof, we think it meet under
your Highness's pardon, that by authority of Parliament
LIFE OF LOKD CHANCELLOK CUSACK. 21t>
it should be ordained, that your Majesty, your heirs and CHAP.
successors, should be named Kings of this land, which, -._ J , '_ •
nevertheless, we remit to your excellent wisdom.' l
A Parliament was accordingly summoned in 1541, Cusack
when Sir Thomas Cusack was chosen Speaker of the Com- ?;gil^
*- opeuker.
mons. He was likewise a Member of the Privy Council
of Ireland. I cannot say for what place he sat in Par-
liament, although I have carefully examined the Lists as
given in the ' Liber Munerum Publicorum Hibernise.' In a
later year (1559) he was returned a Member for Atheiiry.
Great ceremonies attended the opening of this Parlia-
ment. The Houses met on Corpus Christi Thursday.
After hearing Mass, the Lord Deputy was escorted by the
Lord Chancellor, the Archbishop, the Bishops, and Mem-
bers of the Privy Council, the Judges and a numerous
retinue of guards. In the procession rode the Earls of
Ormond and Desmond, the Lords Barry, Eoche, Fitz
Maurice, and Bermingham ; and the despatch of the Lord
Deputy (St. Leger) to the King, says : ' All were present Letter
at the said Mass, the most present in their robes, rode £J°mutL
in procession in such sort, as the like thereof hath not to _ the
been seen here of many years. And the Friday following
being assembled at the place of Parliament accustomed,
the Commons presented unto us their Speaker, one Sir
Thomas Cusack, a man that right painfully hath served
your Majesty at all times, who made a right solemn pro-
position, in giving such laud and praise to your Majesty,
as justly and most worthily your Majesty hath merited,
as well for the extirpation of the usurped power of the
Bishop of Eoiiie out of this your realm, who had, of many
years, been a great robber and destroyer of the same, as
also for your innumerable benefits showed unto your
realms and subjects of the same, which proposition was
right well and prudently answered by your highness 's
Chancellor here.' 2 As there were several Irish Lords
present, MacGillaPhadrig, chieftain of Ossory ; the
O'Bryaiis, the MacCrathy Mor, the O'Eeilly, and others,
1 State Papers, Temp. Hen. VIII. 2 Sir John Alan was Chancellor.
220
EEIGN OF HENRY VIII.
CHAP.
XV.
Lords and
Commons
in separate
houses.
Public
rejoicings
in .Dublin.
Monas-
teries sup-
pressed.
to whom the learned speeches of Sir Thomas Cusack and
the Chancellor were unintelligible, because they knew no
English, the Lord Deputy informs us, ' both the effect of
the proposition and answer was briefly and prudently
declared in the Irish tongue to the said Lords by the
mouth of the Earl of Ormonde, greatly to their contenta-
tion.'
The matter of title having been formally announced, the
Speaker and Members of the Commons withdrew to their
own House,1 when the Lords proceeded to pass the Bill,
changing the King's title, which was read in English and
then in Irish. It was unanimously agreed to, and being
read three times in the Lords was committed to the Com-
mons, who were equally ready to agree to its passing.
Next day, Saturday, it was again read in ' plain ' 2 Par-
liament, before the Lords and Commons, before it received
the assent of the Lord Deputy. There were great public
rejoicings on this occasion in Dublin, ' bonfires, wyne
sette in the streetis, greate feastinges in their howses, with
a goodly sort of gunnes.' Theatricals, too, increased the
merriment. ' The Nine worthies — viz., Hector, Alexander
the Great, Julius Csesar, Joshua, David, Judas Mac-
cabteus, King Arthur, Charlemagne, and Godfrey of
Bouillon.' Tournaments, the favourite pastime of knights
and nobles, gave opportunities for expert tilters to win
favour in the eyes of the ladies by their martial deeds.
Sir James Ware sums up the whole in these words :
* Epulas, comoedas, et certainina ludicra quse sequebantur,
quid attiiiet dicere.'
This Parliament formally suppressed the monasteries
and other religious houses in Ireland, but this Act was
only obeyed in the Pale, for there alone the laws of Eng-
land obtained, and the English rulers of the land could
enforce submission. The abbeys and monastic institu-
tions in other parts of the kingdom remained in the
hands of the religious communities until the Plantation of
Ulster, in the reign of King James I. When Sir Thomas
1 The houses were separate at this period. 2 Probably for plein, full.
LIFE OF LORD CHANCELLOR CUSACK. 221
Cusack found the Order for the Dissolution of Monas- CHAP.
teries placed several eligible estates at the disposal of _L^ ,
the Irish Government, he was desirous to profit by the Cusack
opportunity, and take his share of the good things. He *a
had only to give a hint, and his wishes were readily com- Applioa
plied with. The Lord Deputy and Council were anxious J1.0",'!}
that such services as Sir Thomas rendered should be
rewarded, and they addressed the King, in his behalf, as
follows : — ' That it wolde please your Majestie, at this
our humble ptycyon, to be so good and gracious Lord
unto Sir Thomas Cusack, as, having respect to his honest
service doniie to your Majestie, both in this Parlament
and otherwise, as well as to give hym your most gracious
thanks for the same, as otherwise to consider hym as to
your Highness shall be thought coiivenyent, whereby he
shall be incouraged to proceed in your Grace's servis as he
is bounden to do. His especyall suite to your Majestie is,
to have the prefermente of the Nomiery of Lismolyn, Avhich
he hath nowe in farm of your Highnes, being nigh to
his house very commodious for him, yf it might stande
with your Highnes pleasure to prefer hym to the same
by purchase or otherwise.' l This request was promptly
granted, and Sir Thomas Cusack had a grant of the Abbey
of Lismullen, founded in 1240 by Alicia, sister of Eichard
Bishop of Meath, but neither antiquity, or purity, or
learning, or charity, availed against the policy of Henry
and his Ministers.
Wherever the houses of religion were suppressed a sad Effects of
change took place in the neighbourhood. The poor had
no refuge ; the wearied in body, or in mind, were deprived
of the pious retreats, where in meditation and prayer,
their spirits could find rest. The devoted inmates were
added to the number of alms-seekers, and those who had
been the liberal dispensers of charity were doomed to
solicit food for themselves. When the monasteries were
suppressed, no means likely to succeed were taken to
supply religious teaching instead of that heretofore given.
1 State Papers, Temp. Hon. VIII., p. 315.
222
REIGN OF HENRY VIII.
CHAP.
XV.
Cxisack's
devise.
Wise
advice.
Master of
the Hulls.
Surrender
of St.
Patrick's
Cathedral.
Sir Thomas Cusack pointed out strongly the necessity
which existed for the maintenance of divine service, with-
out which no King could expect good subjects. The Par-
liament, whereof he was Speaker, made provision, indeed,
for the erection of vicarages into parish churches, and
endowing them ; but the Act proved abortive, because the
Irish language was almost wholly used by the people, and
there was no use in nominating English-speaking divines,
while no Irish clergyman would own the King's supre-
macy in spiritual affairs.
In the year 1541, Sir Thomas addressed a long letter
to the Council of England. He called it * Cusack's Devise
to your Most ^oble and Honorable Wisdouies, concerning
such giftes as the King's Maiestie shall make to Irish-
men of the lande and countrie which now they have, and
to give them names of honour, and upon what conditions
they shall have the same, and their rights to have the
land by gift.'
He advises that the natives should be treated as sub-
jects, not enemies — the law of primogeniture established
instead of gavelkind — that in place of the Brehon code,
whereby the inferior in rank could not recover in a suit
against his Lord, the people should be accepted as liege
subjects and entitled to the benefit of the King's laws.1
On the promotion of Sir JOHN ALAN to the office of
Lord Chancellor, Sir Thomas Cusack was appointed
Master of the Rolls.2 He had custody of all records of the
Court of Chancery, with power to hear suits and occa-
sionally execute special Commissions.
Sir Thomas Cusack continued to fill the office of Master
of the Rolls in Ireland to the death of Henry VIII.
Previous to his decease, that monarch resolved that St.
Patrick's Cathedral should share the fate of so many
kindred edifices, and he sent letters patent to Sir Anthony
St. Leger, Lord Deputy ; Sir Richard Reade, Lord Chan-
cellor, and others, empowering them to receive, in
the
1 State Papers, Hen. VIII., TO!, iii. p. 326.
*2 Patent dated June 10, 1542, 34 Hen. VIII.
LIFE OF LORD CHANCELLOR CUSACK. 223
Chapter-house of St. Patrick's, from the Dean and Chapter, CHAP,
a surrender of the Church, and all its possessions.1 This . X^'_ -
was promptly yielded; but Dean Bassenet took special
care, before complying, to make good terms for himself,
so as not to retire empty-handed. He managed to secure
for his own benefit, and that of members of his family, a
considerable portion of the possessions of the deanery.
One of the grants made to his brother, falling, subse- Dean
quently, into the hands of Dean Swift, his sarcastic sue-
cessor in the deanery recorded on the back of the deed,
his indignation, at the perfidious conduct of his prede-
cessor. ' This Bassenet was related to the scoundrel of
the same name, who surrendered the Deanery to that
Beast, Henry the VIII.' 2
Sir Anthony St. Leger, who, for some time, filled the St. Leger's
arduous office of Lord Deputy of Ireland, was a man of pulie^'-
great administrative capacity, and seems to have well un-
derstood the attachment the people of Ireland bore to the
Catholic faith. He changed, altogether, the line of con-
duct pursued by the English rulers to the native chiefs,
and which tended far more to alienate and disgust than
conciliate and please. So kindred a spirit soon formed a
very great friendship with Sir Thomas Cusack.
The high opinion which the Irish Chieftains enter-
tained of the Lord Deputy St. Leger, may be seen from
the following letter written by Sir Thomas Cusack to Sir
Thomas Paget, Chief Secretary of State :3 —
* Eight honorable and my singular good Master, after Cusaok's
all due and most hartie comendacions, with lyk thankes ptteij to
for your honorable goodnes and gentlenes to me ex-
tended, as yet undeserved, which I wyll have in remem-
brance during my lyffe. Pleased the same to be advertysed
that, wheare I have wryten to my Lord Chauncelor of the
State and quyetnes of this Realme, which thankes be to
God, is now verifyed in such sorte, as men wyll purchase
1 Hist, of St. Patrick's Cathedral by Mason, p. 150.
2 Mason's Hist, of St. Patrick's Cathedral, p. 150, in note.
3 State Pap >rs, Hen. VIII., Ireland, vol. iii. p. 5G3.
224
REIGN OF HENRY VIII.
CHAP.
XV.
Deputy's
departure.
Results of
kindne&s.
small homstie that wyll aver the contrary. For at my
Lord Deputies departing herefrom, he sent as well for
the Erles of Desmounde, Tornounde, and Tyrone, the Lord
of Upper Osserie, Oconnor, Oniolmoy, the Kerroules and
MacGoghecan, with dyverse other Iryshe Lordes, as also
for all the Englyshe Lordes of this Realrne ; and they
assemblying togyther in Dublin, I coulde not perceive lion
of bettre conformitie than those Iryshe lordes, promissing
to helppe to see the country deffended as nead shall re-
quyre from tyme to tyme, to the uttermost of ther
powers, till the retourne of my Lord Deputie ; weeping
and lamenting his departing, giving his Lordship comen-
dacion and prayer, in thanking God of his commying
emonges them ; ascrybing, that if such trouth and gen-
tylnes had been shewed to them by the governours and
rulers that were before his tyme, they had been refourmed
as well then as nowe : and being so miche in dyspayre of
his retorne they lament therefor his departing ; the more,
because they found him so good and just in his pro-
cedinges, who never toke of them nothing, but would give
apparaile, and plate to them, and to his power woulde not
suffre wrong to be doun to them, whereby they fealet
both welth and greyetnes. So that, thaukes be to God,
those, which woulde not be brought undre subjeccion with
10 thousande men, corneth to Dublin with a lettre, which
is no smale comforte to every faithfull hart to see.
Fynally, this lande was never by our remembraunce, in so
good case, be nothing lyke, for honest obedyence ; and
after that cometh the proffyte to the Kinge's Majestie, if
their contynew in the quyetnes they be in at this instant.
Therefore it were great pittie, that the thing so well
framed shoulde tourne to any other kyiide, by th occa-
sion of sedicious practis ; and that his honorable proceed-
inges should be dysparaged, through the yll reaporte of
malycious hartes, which wyll not tell trouth, although
they knowyit to be trew, as well as I. I assure your good
Mastership, that ther never lefte Ireland one that hath
the prayers of pore people more than he hath ; trusting
LIFE OF LORD CHANCELLOR CUSACK.
to God that lie shall prosper accordingly. Pyttie it were, CHAP
that the occacioners of our inquyetnes here shoulde not be - _ !_,_!
known, that such punyshrnent mought ensue, as others
should therby feare to attempte the lyke ; for tyll then
men wyll be more busy than neadeth. Thus I am bold to
encomber you with my rude lettre, which I trust you will
accept and take in good parte. So beseeching Almightye
God long to preserve your honourable Good Mastership in
long lyffe with all fellicite.
* Your Right Honorable good Masterships
' to command,
(Signed) ' THOMAS CUSAKE.
' To the Right Honorable and his Singular good Master
Sir Thomas Patched, Knight, Chief Secretary unto
the King's Most Excellent Majestie.
' From Dublin the 28th of March, Anno 1545.'
This letter was evidently intended to refute the reports Object of
of negligence and misconduct, and hostility to the Re- 1
formation, then made to the Government of England
against St. Leger, by Browne, Archbishop of Dublin. It
would seem from the letter that the author of these
reports was not then known, but they were soon found to
have originated with Browne, who preferred a variety of
charges against him.1
1 Vide ante, p. 205.
VOL. I. Q
226
REIGN OF EDWARD VI.
CHAPTER XYI.
CHAP.
XVI.
Accession
of King
Edward
VI.
Commis-
sion re-
specting
St. Pa-
trick's
Cathedral.
Courts
held iu St.
Patrick's,
SirThornas
Cusack,
Lord
Chancel-
lor, 1551.
Insuffi-
cient
salary.
LIFE OF LORD CHANCELLOR CIJSACK — CONCLUDED.
ON the accession of King Edward VI., Sir THOMAS CUSACK,
Knight, Master of the Rolls, was one of the Commis-
sioners named in the King's letters patent, to dispose of
St. Patrick's Cathedral and its appendages. The other
Commissioners were the Lord Deputy, Lord Chancellor,
Sir John Alan, the Vice-treasurer, the Chief Justice of
the Common Pleas, and the Chief Baron. Among various
matters to be enquired into was the following : — 'And, as
touchinge the dysposition of the said Cathedrall Church
of Saint Patrykes, oure minde and pleasure ys, that our
said Commissioners shall appoint and sorte one part, or
portion thereof, for the ministration of our lawes, and
other our Courtes, then to be holden and kepte as to there
descretyons shall be thought meate and sufficient for the
same.'
This was resolved upon, and, in 1548,1 the Judges sat in
the Cathedral during the sittings in and out of Term, and
the Courts were held therein until its restoration.
On the removal of Lord Chancellor Reacle, King Edward
VI. by warrant under the Privy Seal, dated at Windsor,
August 5, 1551, ' having been well informed of the wis-
dom, learning, good experience, and grave behaviour of
Sir Thomas Cusack, appointed him Lord Chancellor.' Sir
Thomas had, on a former occasion of the absence of the
Lord Chancellor, been intrusted with the custody of the
Great Seal.2
The stipend of the Chancellor was insufficient to main-
tain the dignity of so high and important an official.
Dyer's Report.
Windsor, August 5, 1551.
LIFE OF LORD CHANCELLOR CUSACK. 227
In looking: over the patents of several, I find various CHAP.
• • • XVI
sums allowed in addition. The ordinary mode of pay-
ment was to grant a certain sum, usually 100 marks
sterling out of the customs of boroughs, Dublin, Drog-
heda, and Dundalk ; and if this was too inconsiderable,
then a larger grant was given. Thus Sir John Alan,
besides 100 marks, received 6s. Sd. sterling a day ; and
when Sir Thomas Cusack was appointed Chancellor, ' in
consideration ' of his diligent, faithful, and chargeable
service, his Majesty added 100Z. a-year to his present
allowance, to begin at Christmas next, and directed the
Treasurer, by letters dated at Westminster, November 23,
1551, to pay the same.
About this time there was an effort made to place the Custody
Irish records in security. The state in which they were
kept and the necessity for their removal, is fully shown in
the order made by the Lord Deputy, Sir James Crofte, and
Council of Ireland, on November 11, 1551 :—
* Whereas on being informed by the Lord Chancellor Order for
(Cusack) and Master of the Rolls (P. Barnewall) that there
is no place certain or convenient for the safe guard of the
King's Majesty's records and muniments of his High- AD
nesses' Chancery of this his Grace's realm of Ireland other
than the Tower within his Majesty's Castle of Dublin,
which is both ruinous and far distant from the late
Cathedral Church of St. Patrick's, where his Highness's
Courts be now kept, which is not a place meet for the
daily resort of his Majesty's officers, and others his
Grace's subjects, having charge or occasion to have the
order, sight or copies of any of them as shall appertain,
throuo-h which the losses of the said records and muni-
™
ments, besides other inconveniences, have and may well
ensue ; and for that the late library of the said late
Cathedral Church is a meet and sure place for the safe-
guard and custody of said records and muniments near
unto said Courts, whereunto his Majesty's said officers
having charge, and others his Highness's subjects, upon
honest occasion, may, from time to time, conveniently
Q 2
228
REIGN OF EDWARD VI.
CHAP.
XVI.
Cusack
Lord
Justice.
resort ; we order and appoint that the said late library be
the place for the safe keeping of such of the said records
and muniments as shall be kept out of the said tower of
his Highness's said Castle of Dublin ; and all such of the
said records and muniments as shall be out of the said
tower shall be put and safely kept in the said library;
and that you, the Clerk of the Hanaper of his Majesty's
Chancery for the time being, shall provide and foresee that
presses, or stages, chests, windows, doors, locks, and other
necessaries shall be provided, furnished, and made, as well
in and for said library as the said tower of the Castle, for
the safegard, sure keeping, and good ordering of the said
records and muniments from time to time. And this our
order, with your account of your disbursements about the
same, upon your account of revenues and profits coming
and growing of his Highness's said Hanaper, to be made
before the Barons of his Grace's Exchequer of this said
realm, shall be your sufficient warrant and discharge in
that behalf.'
By letter dated from Westminster, November 7, 1552,
King Edward VI. appointed Lord Chancellor Cusack and
Sir Gerald Aylmer, Chief Justice of the King's Bench, to
supply and jointly occupy the place of Lord Justice in the
Government of Ireland during the absence of Sir James
Crofte, the Lord Deputy.1 They were elected accordingly,
and letters patent made out, sealed, and delivered to
them under the Great Seal, and then took the oath pre-
scribed.2
1 Pat. Roll in Cane. Hib. Temp. Edw. VI.
2 Oath of office taken by Lord Justice : ' Ye shall swere that ye shall faith-
fullie and trulie to your power serve our Soverayne Lord the King in the
rowlrne and authoritie of Lord Justice and Governor of this his Grace's realm,
Ireland, and inespeciallie ye shall maintain and defende the lawes of God and
the Christian faith ; and as farre ^ the King's laws do or shall permit the
usages, rites, ceremonies, and liberties of hoolie Church ; and ye shall like-
wise to your power not oonelie keepe the King's peas among his peple, but
also meyntane the King's officers and ministers in the execution and admynis-
tration of justice, and defende the King's garysons, castels, dominions, people,
and subjects of the same realme, and repress the King's rebells and enemyes.
Ye shall not consent to the damage or disherison of the King, his heirs, ne
successors ; neyther ye shall not suffre the rightes of the crown to be destroyed
LIFE OF LORD CHANCELLOR CUSACK.
229
1552.
Matters pending for decision before the Chancellor were CHAP.
XVI
not always questions of law or equity. In 1553 a suit was — " T-J— .
depending-, wherein Shane O'Ferrall, Fag-hery McTeige Captain-
O'Ferrall, and Hubert McTerras, contended for the cap- country?
tainship and rule of the country of Mysoreone ; which
having* been submitted to the decision of Thomas Cusack,
Chancellor, and Gerald Aylmer, Chief Justice, they decided
in any waie, but ye shall let it to your power ; and if ye can not let the same,
ye shall certifie the King clearly and expressedlie thereof; further ye shall
give your true and faithful counsaill for the King's profiete and the King's
counsail ye shall conceale and keepe, and all other things for the preservation
of this his realm of Ireland, and the pease among his people, and execution of
justice according to his Grace's laws, usages and customs of the realm, ye shall
perform and do to your power. So God you helpe, all Saints and Holy Evan-
gelystes.'
We have the amount paid to Lords Justices from the following record :
' Whereas upon the departure of Sir James Crofte, Lord Deputy, into England,
it pleased our Lord, Edward VI., by His Grace's letters patent, to appoint Sir
Thomas Cusack, Chancellor, and Sir Gerald Aylmer, Chief Justice of His
Grace's Bench, to be Lords Justices, and to have the charge and government of
the realm ; by virtue whereof, and upon the election of the Lords and nobility
according to ancient custom, they were sworn the 4th of December in the
sixth year of Edward VI., wherein they continued to the 19th of November
last, being the first year of our most gracious Sovereign Lady Mary the First ;
and forasmuch as our Sovereign Lady tendering their travail and service, and
minding to recompense these charges sustained in that behalf, by Her Grace's
letters, hither directed, dated 14th December last, willed us to appoint such
allowance to the same Justices as we should think meet ; whereupon, pondering
as well Her Majesty's pleasure as the travail, care, and pains of the said Sir
Thomas Cusack, besides the extreme charges sustained by him, for which, as
appeared by divers evident circumstances, he is much indebted to sundry
persons, who lent him several sums of money for his furniture, in the said
office ; and as it also appeared unto us that others here, in the same room and
office, heretofore, were allowed one hundred marks monthly, their burthen not Salary of
being then so onerous and chargeable ; it is condescended and agreed by us,
the Lord Deputy and Council, that the same Sir Thomas should have, bv way
„ , , , . , .. . J
ot reward and in recompense towards his charges, which were little in com-
parison of his other pains, the sum of 200/. sterling ; and for that also it
appeareth by declaration of such money as Sir Thomas in the said office laid
out in rewards and recompense of service done by divers gentlemen and
captains of this country, and sithens his departure that he has defrayed to His
Majesty's use the sum of ],076/. — grant him the same.'
By this, the money was divided, 200/. for Mr. Justice Aylmer, and 1,0761. for
Sir Thomas Cusack, Lord Chancellor.1
Justice,
100 marks
monthly.
1 Pat. Rot. in Cane. Hib. 1 Mary.
2 JO
REIGN OF QUEEN MAEY.
CHAP.
XVI.
Decrees
in Chan-
cery, temp.
Edw. VI.
Mary
Queen.
Amnesty.
St. Leger
again
Deputy.
that Shane OTerrall, as well on account of his dig-
nity as by the ancient custom of the country, should be
captain and governor, together with ' Callaghe and Clo-
malle,' by the name of OTerrall Buy, in as ample a man-
ner as his ancestors enjoyed that dignity. This decision
was confirmed by the Lord Deputy and Council.1
During the short reign of Edward VI. there are not above
fifty-two decisions of the Court of Chancery enrolled, but
more might have been made. The suits then instituted
were chiefly for obtaining quiet possession of land and
premises, bills to perpetuate testimony, and for account.
On the coronation of Queen Mary, the following clause
was inserted in her Majesty's instructions for Ireland :
— ' And whereas we have given and openly published the
day of our coronation to our good and loving subjects of
England our free and general pardon, our pleasure is that
you, our Deputy and Council, shall give in our name the
like general pardon to all our loving subjects of Ireland,
to the intent that they whom we account our natural sub-
jects, no less than our subjects of England, may taste also
of our clemency, and thereby be the more moved to ac-
knowledge their duties towards us, which pardon we will
shall be free and take eifect without payment of any
money.2
' Dated at Westminster, October 4th, 1553.'
On Sunday, November 10, in the first year of Queen
Mary, Sir Anthony St. Leger, once more Lord Deputy of
Ireland, took the oath of office in the Cathedral of Holy
Trinity, before Sir Thomas Cusack, Lord Chancellor, who
swore him duly to execute the office of Deputy, so long as
he should continue therein, by letters patent of the Queen;
which letters were then, according to custom, read aloud
and delivered to the Lord Deputy.3 We may be well
assured he was welcome to the Chancellor and the Irish
nation, who remembered the kind rule of the Viceroy during
his former residence in the country.
Pat. Roll in Cane. Hib. Temp. 1 Mary 1553.
Ibid. 3 Ibid.
LIFE OF LORD CHANCELLOR CUSACK. 231
In 1553, King Philip and Queen Mary addressed a CHAP,
letter to the Lord Deputy, Sir Thomas Ousack, Chan-
cellor, and the Council of Ireland, desiring them 'for the St. Pa-
trick.
glory of God and advancement of his service and true
worde, to review and restore the Cathedral Church and
Chapter of St. Patrick to its pristine state. To make out
letters patent of presentation to the several persons named
in their Majesties warrant.'
Durhio- the reign of Philip and Mary, I find about a Decrees in
Chancery
hundred decrees of the Court of Chancery in Ireland en- Ireland,
rolled. The subject-matter of these suits presents nothing
very peculiar, being for rights withheld or wrongs coin- Phil, and
initted, and redress was sought in the Court of Equity
in preference to the Courts of Common Law. Bills pray-
ing account: — for injunctions ; to perpetuate testimony;
complaints for breaches of trust ; and similar causes of
action, form the basis for the Chancellor's decrees.
I find from a patent under the Privy Seal, dated at
Westminster, December 14, 1553, in the reign of Queen
Mary, that Sir Thomas Cusack again filled the office of
Lord Justice. His conduct must have been discreet to
please all parties ; and, as evidence of the tact with which
he trimmed his sails in the tempestuous sea that surged
in his time, I give the following tribute from Queen
Mary, dated Westminster, December 14, 1553 : '-
i We have received advertisement and good report from Letter
our Deputy, and others in our Council of that realm, of Q°™n
vour good behaviour, industry, and diligent service exhi- 5,Iary to,
J the Lord
bited unto us, and our dear brother King Edward VI. Ch.m-
( whose soul God pardon), as well in your own office as cellor-
supplying the room of our Deputy during the absence of
the same, for which we yield unto you our right hearty
thanks ; and like as we have noted sufficient of your good
perseveration and continuance, so shall ye find us, your
good Lady, mindful and inclined to regard you and your
said service, to your comfort ; letting you wit, that at this
present, by our letters addressed to our Lord Deputy, we
1 Pat. Roll in Cane Hib. Temp. 1 Mary.
232
EEIGN OF QUEEN MARY.
CHAP.
XVI.
Cus.ick
prevents
reversal
of grants.
Condition
of the
colony.
Chief
P>;iron
1'ingiass.
have given order that, by his discretion and the rest, ye
shall be reasonably considered for your entertainment in
respect of your travel and charge sustained in our service,
not doubting but our said Deputy will ensure our pleasure
therein as appertaineth.'
It was very well for those who profited by the dissolu-
tion of monasteries, and held grants of the Church lands
from Henry VI II. and his son, that Sir Thomas Cusack
was Lord Chancellor. Had that office been filled by one
less capable of maintaining firmness amid the mutations
of religions, politics, and laws, these grants would have
been of little avail to secure these properties. But
throughout the reign of Queen Mary there was no attempt
made to disturb the existing state of things. Even the
grant of the Dominican monastery, to be used as the
King's Inns, was respected, though the friars of this order
were then, as now, in the highest repute for their piety
and learning. The country was progressing in general
prosperity. Professional talent was in great demand.
Commercial enterprise and energy were developed, and
manufacturing skill employed. The attention of various
eminent men was directed to remove the disabilities
which pressed upon the natives of the country, for as yet
the greater part of Ireland was denied the advantages of
the English Constitution. Patrick Finglass, who was Chief
Baron of the Exchequer in the time of Henry VIII., and,
in 1534, made Chief Justice of the King's Bench, wrote a
treatise on the causes of the calamities of Ireland, which
he called ' A Breviate of the Getting of Ireland, and of the
Decay of the same.' Sir William D'Arcy also, a man of
wisdom and virtue, who did great service to the English
interest in Ireland, wrote on the same subject ; and Sir
Thomas Cusack addressed to the Duke of Northumber-
land a long epistle on the state of this kingdom, dated
May 8, 1552.
In Holin shed's Chronicle is a graphic account of the
civic festivities which were kept up in Dublin in the year
1554. It affords so complete a picture of the habits of
LIFE OF LORD CHANCELLOR CUSACK.
233
the age, that I give the account as in the old chronicle. CHAP.
It certainly speaks well of the flourishing condition of the - — ^-T—
Mayor of
Dublin.
Mayor, who could afford to keep this state so expensively :
—'The hospitalitie of the Maior,1 and the Sheriffes for Dublin,
the year being, is so large and bountifull, that soothlie A'u' 15
(London fore priced) very few such officers under the
crowne of Englande keepe so great a port (state), none, I
am sure, greater. The maior over the number of officers
that take their dailie repast at his table, keepeth for his
year in manor open house. And albeit, in terme time, his
house is frequented as well of the nobilitie as of other
potentates of great calling, yet his ordinarie is so good,
that a verie few set feasts are provided for them. They
1 In the year 1554 Patrick Sarsfield was Mayor. Of Norman extraction Hospi-
originally, the Sarsfield, or Scarcefield, as the name is sometimes written, were tality of
among the early English colonists in Ireland, and soon rose to the highest Patrick
civic dignities, filling the office of Mayor of Dublin in the years 1531, 1554,
and 1566. The renowned Sarsfield, Earl of Lucan, was descended from this
stock, and the liberal manner in which his namesake filled the civic chair may
be judged from the dialogue given in the work from which I have already
quoted.
One of his friends towards the close of his year of office asking what he
thought all his expenses for that year amounted to, received the following
reply.
' Trulie James,' qiioth Maister Scarsfield, ' I take between me and God, when
I entered into mine office, the last saint Hierome his day (which is the morrow
of Michaelmasse, on which daie the Maior taketh his oth before the Chiefe
baron, at the excheker, within the Castell of Dublin), I had three barnes well
stored and thwackt with corne, and I assured my selfe, that anie one of these
three had been sufficient to have stored mine house with bread, ale, and beere
for this yeare. And now, God and good companie be thanked, I stand in
doiibt whether I shall rub out my maioraltie with my third barne, which is
well nigh with my yeare ended. And yet nothing smiteth me so much at the
heart, as that the knot of good fellowes that, you see here (he ment the Serjeants
and officers) are readie to flit from me and make their next yeares abode with
the next maior. And certas I am so much wedded to good fellowship, as if
I could mainteine mine house to my contentation with defraieng of fire hundred
pounds yearelie ; I would make humble sute to the citizens, to be their officer
these three years to come.'- — Holinshed's Chronicle, vol. vi. p. 100.
His cellar was as much retorted to as his barns. During his years he spent
'twentie tuns of claret wine, over and above white wine, sacke, malmseie, mus-
cadell,' &c. In these times, so different from ours, hospitality in Dublin was
on a generous scale. The habits of the people, especially their hours of rising,
were very dissimilar. Men and women ! rose at five o'clock! breakfasted when
thoy rose, and dined at ten or twelve, supped at six and went to rest at nine.
234
REIGN OF QUEEN MARY.
CHAP.
XVI.
Hospita-
lity of
the Lord
Chan-
cellor.
A jovial
Lord
Mayor
Charity cf
the citi-
zens.
that spend least in their maioraltie (as those of credit,
yea and such as bare the office have informed me), make
an ordinarie account of five hundred pounds for their
viand and diet that yeare, which is no small suuime to be
bestowed in housekeeping, namlie when wittles are so
good, cheape, and the presents of friends diverse and
sundrie.'
The Chancellor was not behind the fashion of the age,
his buttery and cellars were well stocked, and his good
cheer allured many guests. The worthy Mayor, Sarsfield,
was once expostulated with by some close-fisted miser, for
his ' lavishing- and outrageous expenses,' as they termed it.
He replied, ' Tush, my rnaisters, take not the matter so
hot : whoso comnieth to nay table, and hath no need of
my meat, I know he cometh for the good will he beareth
rue ; and therefore I am beholding to thanke him for his
compaiiie : if he resort for need, how maie I bestow my
goods better than in relieving the poor '? If you had per-
ceived me so far behind hand as that I had been like to
have brought hacldocke to paddocke, I would patientlie
permit you both largelie to controll me and friendlie to
reprove me. But so long as I cut so large things of my
owne leather, as that I am not yet come to my buckle,
and during the time I keepe myself so farre aflote as that
I have as much water as my ship draweth, I praie pardon
to be liberal in spending, sith God of his goodnesse is
gratious in sending.' 1
I find mention made of Robert and Walter Cusack as
keeping great state; 'but indeed,' adds the old vrriter,
* the greater part of the citie is generallie addicted to
such ordinarie and standing houses, as it would make a
man muse which waie they are able to beare it out, but
onlie by the goodnesse of God, which is the upholder and
furtherer of hospitalitie.' The zeal and care which the
citizens of Dublin now manifest for the poor, is the conti-
nuation of the ancient alms hourly extended to the dis-
tressed. On each Wednesday and Friday there were ' fair-
1 Holinshed's Chronicle, vol. vi.
LIFE OF LOKil CHANCELLOR CL'SACK. 235
like markets ' held ; shambles well stored with meat, and CHAP.
XVI
markets with corn. The poor debtors and other prisoners ^_1_^1^
were kept in Newgate and the Castle ; these were con-
stantly relieved by the citizens, who also attended to the
sick in the hospitals and beggars in the streets. Any
document which throws light upon the manners and cus-
toms of this remote age is deserving of being preserved
and made known.
I have now traced the life of Sir Thomas Cusack
through the various stages of his career, from his first
judicial appointment of Justice of the Court of Common
Pleas, then Master of the Rolls, to that of Lord Chan-
cellor, and also Lord Justice ; in all which high sta-
tions he was one on whom the English Government could
always rely. The Great Seal was held by Sir William
Eitz William, as Lord Keeper, for a few months, in 1555,
when it was delivered to Archbishop Curwen, who held it
sometimes by patent as Lord Keeper, and sometimes as
Chancellor, for twelve years.1
Although Sir Thomas Cusack does not appear to have
taken a very active part in the Irish Government after he gaol de-
ceased to be Chancellor, we find his name occasionally in livery-
commissions for gaol delivery in various parts of Ireland ; 2
also for the government of the English Pale (Dublin, Meath,
Kildare, Louth and West Meath), during the absence of
the Lord- Lieutenant. That he possessed the confidence
of Queen Elizabeth's Government, and was also trusted
by the Irish, may be inferred from letters patent for the
restitution of Shane O'Neil, son of Con, late Earl of Shane
Tyrone, to her Majesty's favour, stating this was at the
intercession of Sir Thomas Cusack.3
In the treaty between the Earl of Desmond and Queen Treaty
Elizabeth, the Earl was ' bound to repair to Dublin in the ^J ^e
company of Sir Thomas Cusack, and there remain until Desmond,
he shall have license to depart for his own country.'
1 In the order of his highest judicial appointment Sir Thomas Cusack much
resembled the late distinguished Irish Lord Chancellor, Francis Blackburne,
obit. 1866.
•-' Pat. Roll in Cane. Hib. 2 Eliz. * 3rd Eliz. Id. 6 Eliz.
236
REIGN OF QUEEN MARY.
CHAP.
XVI.
Death of
Ex-Chan-
cellor
Cusack.
Some of the conditions and stipulations of this treaty
display the state of the country at this time, A.D. 1563. '
Sir Thomas did not meddle much in the troubled times
which Ireland witnessed during the reign of Queen Eliza-
beth, and was gratified at seeing his place on the judicial
bench taken by his son, Robert Cusack, Chief Baron of
the Exchequer. He died at his country-seat, in the county
of Meath, in 1571, and was buried at Tryvett, or Trevett,
near Dunshaughlin, where in ancient times there was a
monastery and a considerable town, now dwindled to a
small hamlet.
NOTE.
The name of Cusack has since been an honoured one in the legal
records of Ireland. In the year 1671 Adam Cu^ack was Chief Jus-
tice of Connaught, and afterwards a Judge of the Common Pleas.
Sir Michael Cusack- Smith, Master of the Rolls in Ireland from 1801
to 1806. His son, Sir William Cusack Smith, Bart., was Baron of
the Exchequer, whose son, the late Right Hon. Thomas Ber?y Cusack
Smith, likewise filled the high judicial office of Master of the Rolls
1 That all Irish laws called Brehon laws should be abolished within those
shires ; and the Earl and the Lords should be bound in penalties for the per-
formance of this condition. And as no small enormities occur by the continual
recourse of idle men of lewd demeanor called rhymers, bards, and dice players,
called carroghes," who under pretence of their travail, bring privy intelligence
between the malefactors inhabiting these shires, to the great destruction of all
true subjects, care should be taken that none of these sects, nor other evil
persons, be suffered to travel within these rules, and that proclamation be
made, that whosoever should maintain any such idle men within these terri-
tories, should pay such fines as the President or Commissioners should think fit.
And as those rhymers, by their ditties and rhymes, made for divers Lords and
gentlemen in Ireland, in commendation and high praise of extorsion, rebellion,
rape, rapine and other injustice, encourage these Lords rather to follow those
vices than to abandon them, and for the making of such rhymes rewards are
given by the gentlemen ; for the abolition of so heinous an abuse, order should
be taken with the said Earl, the Lords and gentlemen, that henceforth they do
not give any manner of reward for any such lewd rhymes, under pain of
forfeiting double the sum they should so pay, and that the rhymer should be
fined according to the discretion of the Commissioners.11
• There is amongst them Carroghes that play cards all the year round and
make it their only occupation. — Camp. Ir. 1809.
b Pat. Roll in Cane. Hib. 6 Eliz.
FAMILY OF CUSACK. 237
for twenty years, from 1846 to I860. A talented and justly re- CHAP.
spected member of the House of Cusack, Ralph Smith Cusack, Esq., „ _ y ^,
Barrister, is the courteous and attentive Clerk of the Crown and
Hanaper in Ireland. Another member of the family of Cusack must
not be forgotten, Mary Frances Cusack, a nun in the St. Clare Con-
vent, Kenmare ; author of several excellent works, one of them the
' Illustrated History of Ireland.' In a highly complimentary poem
addressed to this lady by D. F. MacCarthy, our most popular poet,
he thus refers to this valuable work : —
Here is Clontarf s ' ware trampled ' strand ;
Here the Milesian chieftains' land ;
Here flashes out O'Neill's red Hand ;
Here fought the famed Red Hugh ;
Here, loving man and fearing God,
In green Tyrone O'Hagan trod,
Like him who now doth bear the rod,1
The upright and the true.
1 The Chancellor's mace, now borne before the Right Hon. LORD O'HAGAN,
Lord Chancellor of Ireland. His talented sister Mary is Superioress of the
St. Clare Convent, Kenmare, in which Miss Cusack is one of the nuns.
238
REIGN OF QUEEN ELIZABETH.
CHAP.
XVII.
Family of
Curwen, or
Curran.
Resolves
to get on.
Peto's
sermon at
Greenwich
in A.D.
1533.
CHAPTEE XVII.
^
LIFE OF LORD CHANCELLOR ARCHBISHOP CTTRWEN.
THE family whence HUGH CURWEN, Archbishop of Dublin,
and Lord Chancellor of Ireland, descended, is of consider-
able antiquity in Westmoreland. The name was written
Culwen by Sir Christopher de Culwen, High Sheriff of
Cumberland, ancestor of the subject of this memoir ; the
name was also often written Corran. and Curran, and the
famous Irish advocate, John Philpot Curran, Master of
the Rolls in Ireland in 1806, was of the Westmoreland
race, a member of which settled in Newmarket, county of
Cork. Hugh was born in 1505, and early intended for an
ecclesiastical career. He received an excellent education,
and determined that his worldly prosperity should not be
obstructed by any scruples of conscience, a principle, or
rather a want of principle, which regulated his future life.
Acting on the example of the Vicar of Bray, when he was
ordained, in the days of bluff Harry VIII.-, the ambitious
youth resolved to wear his creed according to the rather
varying fashions of the ruling powers. His character was
well defined by Strype, who called him ' a coniplier in all
reigns.
He gave a very notable proof of his zeal, if not his dis-
cretion, by taking the side of Henry VIII. when the royal
polygamist, tired of Catherine of Aragon, desired to wed
her Maid of Honour — Anna Boleyn. The amorous King
must have been deeply incensed, when, on attending mass
at Greenwich, in 1533, the preacher, a Franciscan friar
named Peto, very devout, but not very wise, fulminated
from the pulpit the words of the prophet — ' Even where
1 Lib, Mun. Hib. part i. p. 37.
LIFE OF ABCHBISHOP CURWEX, CHANCELLOR. 239
the clogs licked the blood of Naboth, even there shall the CHAP.
XVII
dogs lick thy blood, also, O King,' and, in the progress of , — L-*
his discourse, had the temerity to say, * I am that Micheas,
whom thou wilt hate because I must tell thee truly that
this marriage is unlawful, and I know I shall eat the
bread of affliction, and drink the water of sorrow, yet
because the Lord hath put it in my mouth I must speak it.'
This bold discourse could not be allowed to pass un-
noticed. In order to get him out of the way of the Peto out
enraged King, Peto was ordered to attend a provincial Ring's
council at Canterbury, and the courtiers of Henry resolved way-
to select a more discreet preacher for the Chapel Eoyal
in future. The choice fell upon the Reverend Hugh
Curwen, who at once perceived this was a meet opportu- Curwen
nity for ingratiating himself in the good opinion of the before the
King. He determined to use strong language in reference KlDS-
to the audacious Peto. He was the more inclined to do
this, because he was aware the superior of the Fran-
ciscans, supposing a storm was about to burst on the
courageous brother, had sent him out of the way. Ac-
cordingly, the following Sunday, Curwen mounted the
pulpit, and did not hesitate in the King's presence to use
the language addressed to criminals of the deepest dye ;
when referring to the reverend denouncer of the monarch,
he called Peto a ' slanderer, a rebel, and a traitor,' add-
ing ' that 110 subject should speak so audaciously to Attack on
princes.' Having commended the King's marriage, he e '
concluded, ' I speak to thee Peto, who makest thyself
Micheas, that thou mayst speak evil of Kings, but now
thou art not to be found, having fled for fear and shame,
as being unable to answer my arguments.'
The preacher paused triumphant. He had not left the
pulpit before a full-toned voice from the rood-loft came Unex-
loud and resonant over the heads of the astonished con- Pec*ed
reply.
srresration, and in those words sounded a brave defiance to
O O
the boasting orator. ' Good Sir, you know that Father
Peto, as he was commanded, is now gone to a provincial
council holden at Canterbury, and has not fied for fear of
240
REIGN OF QUEEN ELIZABETH.
CHAR
XVII.
The King
commands
silence.
The friars
before the
Council.
Supports
the Royal
Supre-
macy.
Dean of
Hereford.
Changes
with the
Sovereign.
you, for to-morrow lie will return again. In the mean-
time I am here as another Micheas, and will lay down my
life to prove all these things true, which he hath taught
out of the Holy Scriptures ; and to this combat I challenge
thee, before God and all equal judges, even thee Curwen,
I say, who art one of the four hundred prophets, unto
whom the spirit of lying is entered, and seekest by adul-
tery to establish succession, betraying the King into end-
less perdition ; more for thine own vain glory and hope
of promotion than for the discharge of thy clogged con-
science and the King's salvation.' The King in a rage
commanded the speaker to be silent. He proved to be
another friar, named Elstow, and he, with Peto, were
arrested. When brought before the Privy Council, the
Earl of Essex told them ' their conduct was so outrageous
they deserved to be put in a sack, and thrown into the
Thames.' Whereupon Elstow gravely replied — ' Threaten
these things to rich and dainty folk, who are clothed in
purple, fare deliciously, and have their chief hope in this
world, for we esteem them not, but are joyful that in the
discharge of our duties, we are driven hence ; and with
thanks to God, we know that the way to heaven is as
short by water as by land, and therefore we care not which
way we go.' l
But Curwen went further than defying Peto. He
preached publicly in favour of the Royal Supremacy.2 He
was made a Doctor of Divinity and soon obtained eccle-
siastical preferment. We find the Rev. Hugh Curwen
was Dean of Hereford in 1541. On the accession of
Queen Mary a new light broke upon the pliable conscience
of the Dean of Hereford. He was no longer the champion
of Royal Supremacy, but so orthodox a Papist, that the
easily deluded Queen nominated him one of her chaplains.
His zeal and devotion for the religion to which Mary clung
1 Ellis's Original Letters Illustrative of English History, ii. 41, 42. Edin.
Review, January 1825. History of Archbishops of Dublin by Rev. Dr. Morau,
pp. 43-5.
2 Strype's Life of Parker, vol. i. p. 508.
LIFK OF ARCHBISHOP CUEWEX, CHANCELLOR. 241
deserved the first mitre that appeared worth his accept- CHAP.
"V V T T
ance, and accordingly he was appointed Archbishop of
Dublin. The letter, under the privy signet to the Dean Art-h-
and Chapter of Christ Church, for his election, dated BuiZ,oi
July 18, in the first and second year of Queen Mary's
reign, is preserved in the Chapter House, with her auto-
graph at the top — ' Mary ye Queen.' He was not con-
secrated, however, until September 8, following. This Lord
ceremony took place in St. Paul's Cathedral, London, and CI!;in*
„ _ cellor of
four days afterwards Curwen received from the Queen the Ireland,
appointment of Lord Chancellor of Ireland.
Hugh Corren, so written in his patent, was appointed Patent.
Lord Chancellor of Ireland, September 13, 1554, 2nd
and 3rd Philip and Mary. To hold during pleasure, and
receive such fees as his two immediate predecessors, John
Allen and Eichard Eede, received, payable out of the
great and small customs of tonnage and poundage in the
ports of Dublin, Drogheda and Dundalk; or if the customs
be not sufficient, out of the other revenues in the hands of
the Treasurer, with power to keep the Great Seal of the
office of Chancellor, and of sealing therewith all writs of
common justice and other charters, writs, commissions,
letters, offices, tenements or hereditaments. He was then
sworn in to office.1
In the Queen's letter to the Dean and Chapter of Christ The
Queen's
letter.
1 The oath taken by the Chancellor before the Lord Deputy and Council of f\. fi t-
Ireland for the due execution of his office was this : ' Ye shall swear, that you office of
shall be faithfull and true Counsaillour to our most cleare Sovereign Lorde the Lord
Kinge, and our most deare Sovereign Lady the Queene's Majesty, their heirs Chan-
and successors, Kings of England, France, and Ireland, and shall faithfully,
truly, and uprightly demeane yourself in the room of Lord Chancellor of the
realm of Ireland, as well towards their Majestys, their heirs and successors, as
towards their Highnesses subjects and all others that shall have to do before
you ; you shall maintain, execute, and keep the laws, ordinances, and rights of
our Mother, the Holy Church, in all their points and articles, and the laws
ordinances and most godly statutes of this realme, agreeable and consonant to
the same ; you shall administer justice indifferently to all persons, refusing no
man thereof; you shall also do all other things that appertaineth to the office
of Lord Chancellor and Counsaillour to the uppermost of your power ; soe helpe
you God, all Saints, and by this book.' — Pat. Rot. in Cane. Hib. Temp. Philip
and Mary.
VOL. I. R
242
REIGN OF QUEEN MARY.
CHAP.
XVII.
First
sermon in
Dublin.
The Chan-
cellor Lord
Justice.
Cunven
restores
emblems
of Catholic
piety.
Church she requests them to receive the Archbishop
honourably and with clue respect, as he was repairing- to
reside on the cure of his bishopric, which now, of long
time, hath been destitute of a Catholic bishop, as also to
occupy the office of our High Chancellor of that our realm.1
A notice of his first sermon in Dublin is most compli-
mentary— ' The Archbishop of Dublin did preach his first
sermon that he read in this land the Sunday after St.
Andrew, in Christ Church, Dublin, and did set forth the
Word of God in his sermon sincerely and after such a sort,
that those men, who be learned and unlearned, both do
give him as high praise as I have heard given to any one
man, so that those men who favour the word of God are
very glad of him, and prayeth for him so to continue.' 2
In the month of November 1556, the Queen wrote to
the Lord Deputy, Thomas Earl of Sussex, commanding
him to repair to England * to open to her Majesty the
state of Ireland, and receive her resolution and instruc-
tions concerning its weal and commodity ; for the trans-
action of his own affairs and setting things in good
order.' During the absence of the Earl of Sussex, the
Chancellor and Sir Henry Sydney, Vice Treasurer, were
appointed Lords Justices. The Viceroy sailed on the
night of Sunday, December 4, and the Lords Justices
were sworn in next day in the Cathedral of St. Patrick
before the Privy Council, where they took the oath ' to
maintain and defend the laws of God and the Christian
faith, and, as far as their Majesties' laws do and shall
permit it, the usages, rites, ceremonies and liberties of
liolie Church.' 3
Firmly resolved to ingratiate himself yet more with the
ruling powers, in 1556 the zealous Chancellor Archbishop
of Dublin set to work to restore the ancient ritual in all
its splendour. One of his first acts was to replace in
Christ Church the marble statue of our Saviour, which the
1 Harleian MSS. vol. v.
- D' Alton's Archbishops of Dublin, p. 237.
3 Pat. Rot. in Cane-. Hib. Temp. Philip and Mury.
LIFE OF ARCHBISHOP CURWEN, CHANCELLOR. 243
Protestant Prelate, Dr. Browne, caused to be removed. CHAP.
XVII
He also convened a provincial synod in Dublin, which was . / , 1^
necessary in consequence of the alterations of Divine
worship, made by his predecessor.1 At this synod many
Lnvs were enacted, regardino- the administration of the
J O O
Sacraments of the Catholic Church, and the restoration of
Catholic ceremonies, which were generally abolished by
Archbishop Browne. A very notable occasion for showing
the Queen the judicious selection she had made of her
Chancellor occurred this year at the inauguration of the
new Viceroy, which, to the great annoyance of those who
retained the Protestant creed, was solemnised with great
splendour. In the annals we read how the Earl of Sussex Earl of
Q
was appointed Viceroy, and proceeded to St. Patrick's viceroy.
Cathedral in great state, accompanied by the high officials
and Privy Council. He was received at the principal Received
entrance by the Chancellor Archbishop under a canopy of chancellor
state. The Prelate and attendant priests were clad in Ar^h"
. bishop.
rich vestments. The Viceroy, kneeling, had incense, and
having kissed the sacred symbol of redemption, received
the benediction from, the Archbishop. He then proceeded
to his place at the high altar, while the Te Deurn was sung
by the choir. Having made an offering of a piece of gold,
his Excellency dined with the Archbishop.2 The new Lord Directed
. . . to restore
Deputy had strict injunction to annul the anti-Catholic the Ca-
and penal Acts of the preceding reign, and the first reii!!ion
article required of him and the council, was, ' by their
example, and all good means possible, to advance the
honour of God, and the Catholic faith.' Indeed the previous Supposed
Viceroy, Sir Anthony St. Leger, was supposed to have in- <^U]
curred the Queen's severe displeasure, by some satirical removal,
verses he composed, attacking the church of which she
was a member.3
The Irish Parliament assembled in Dublin on June 1, Irish Par'
liament.
1 Lofter's MS. March Library.
• Mason's St. Patrick's Cathedral, p. 163.
3 It is curious to find he incurred the censure of Henry VIII. for indifference
to the progress of the Protestant Church in Ireland and of Queen Mary for
ridiculing the Catholic Faith.
R 2
244
REIGN OF QUEEN MARY.
CHAP.
XVII.
Acts
against
the Papacy
repealed.
Important
Proviso
respecting
Church
lands.
Toleration
of Irish
Roman
Catholics.
1557, received with great ceremony the Papal Ball of Paul
IV., transmitted through Cardinal Pole, which was read by
Archbishop Cur wen. This Parliament repealed all the sta-
tutes passed since the twentieth year of King Henry VIII.
against the See Apostolical of Rome, and declared that
the title of Supreme Head of the Church was not justly
attributable to any King or civil governor. An Act
passed, which regulated ecclesiastical matters and restored
the rectories, glebe lands, and other spiritual emoluments
which had been seized by the Crown, with a very im-
portant proviso, ' That this Act should not extend to, or
affect in any way, such grants of ecclesiastical property as
had been made by the Crown to private individuals, or to
any public or civil corporation.'
In a short time the ancient Catholic faith was fully
restored in Ireland ; and Catholic historians can proudly
record, without one single case of persecution against
those who professed Protestant doctrines. Nay, such was
the state of toleration in Ireland that many English fami-
lies, friends to the Reformation, fled thither for protection.1
Leland, in. his ' History of Ireland,' relates an amusing
story, showing that the persecution of the Protestants,
which was confined to England, very iieaily extended to
Ireland. The anecdote is, that Cole, Dean of St. Paul's,
was sent into Ireland armed with a commission to take
proceedings against heretics with vigour. While halting
at Chester, he showed this Commission at the inn, in the
presence of the landlady. She had some Protestant re-
latives, who had fled to Ireland for refuge, as many others
had done. Resolved to baulk the design, she managed to
abstract the Commission from the box in which it was
placed, substituting a pack of cards in its stead. The
unconscious messenger sailed for the verdant shore, ap-
peared before the Privy Council, and stated the Queen's
views. When he produced his box, and the pack of cards
1 Leland's Hist, of Ireland, book iii. chap. viii. Hist, of Civil Wars in
Ireland, vol. i. p. 169. 1st Lib. Mun. Hib. Reign of Queen Mary, p. 38.
Rev. Dr. Moran's Hist, of Archbishops of Dublin, p. 65.
LIFE OF ARCHBISHOP CURWEN, CHANCELLOR. 245
fluttered on the table, instead of the Eoyal Commission ; CHAP.
XVII
we can imagine the blank dismay of the Council, and the ^J T _-
horror of the Dean. Queen Mary died before any steps
were taken to renew the Commission.
A descendant of Sir Thomas More had a lease of land
in Louth. Among the Letters Patent of Queen Mary, is
one to the Lord Deputy and Council, requiring them to
make to Thomas Eiston and Alice his wife, late wife of
Gerniayne Gardiner, put to death, and daughter of Eliza-
beth Dauntesy, one of the daughters of Sir Thomas More,
also put to death, a lease under seal, in reversion, of the
farms of Ratoath and Haggorde, in the County of Louth,
for the term of forty years after existing lease.1
Queen Mary died November 17, 1558, leaving a memory Death of
of which her conduct at the commencement of her reign Mueen
did not give such sad promise. No Irish Parliament met
for many years : none at all during the reign of King-
Edward VI. But the important enactment, that, in
every prosecution for high treason, there mnst be two
credible witnesses to every overt act, was held to be
requisite in Ireland.2 At length, after an interval of
thirteen years, Queen Mary summoned a Parliament in
Ireland, in which the anti-Popery statutes of her father,
Henry VIII. were repealed, and the Catholic religion
restored ; but these laws were themselves repealed in the
ensuing reign.
The condition of Ireland at tbe time of the accession Ireland
of Queen Elizabeth was extremely critical. Not only at the-
' •> accession
were the native Irish more averse than ever to English of Queen
government, but most of the Anglo-Norman families, Ellzabeth-
who, by intermarriages and other ties, were allied to the
Irish, had actually become Hibernes ipses Hiberniones, and
appeared disposed to prefer foreign rather than English
rule. The policy pursued during the reign of Queen Her policy.
Elizabeth was to counteract this state of things ; and,
the immense tracts of land, which constant insurrection
1 Pat, Roll in Cane. Ilili. 2 and 3 Philip and Mary.
2 The English Stats, are 1 Edw. VI. c. 12; y & 0 Kdw. VI. c. 11.
246
REIGN OF QUEEN ELIZABETH.
CHAP.
XVII.
^ -^
Prohibi-
tion
against
marrying
Irishmen.
Family
feuds.
Litigation
prevalent.
The Queen
reports her
accession.
Sidney
Lord
Justice
Cnrwen
Lord
Keeper.
Re-ap-
pointed
Chan-
cellor.
placed in her hands, by the attainder and forfeiture of the
possessors, enabled her to introduce crowds of English-
born subjects into Ireland. She not only required them
to be English by birth, but clauses were introduced into
their patents that, 'in case daughters succeeded to their
grants, such daughters should be bestowed in marriage to
noe persons but to such only as be of English birtlie for
two descents, successively to followe.' l It also happened
that considerable division prevailed among the Irish chiefs,
the junior, and often illegitimate, branches, of a family
consenting to do homage to the Queen, and, in return,
receiving support and recognition from the Queen's
Viceroy, and thus virtually ousting the elected chief.
Instead of a Government of peace, such as might have
been hoped for, Avar and martial law extensively prevailed.
The Courts of Law were, however, kept in full operation.
The boundaries of Church lands, claims in respect there-
to, conflicting demands respecting Abbey lands, confis-
cations of estates for rebellion, afforded extensive fields
for litigation. The contradictory claims set up by rival
grantees, by rival patentees — some claiming existing,
others reversionary, interests — afforded ample pretexts for
appeals to Courts of Law and the Chancery. The time
of Judges and practitioners was fully employed in profes-
sional duties, arranging the conflicting rights of com-
plaining natives, rapacious courtiers, and intriguing
adventurers.
Queen Elizabeth commenced her reign November 17,
1558. She wrote to the Lord Deputy and Council of
Ireland, notifying the death of Queen Mary on that day,
and commanding proclamation of her accession to the
throne to be published in all convenient places. The
Council immediately proceeded to elect Sir Henry Sidney
Lord Justice, and HUGH CURWEN, Archbishop of Dublin,
was appointed Keeper of the Great Seal.2 His reappoint-
meut as Chancellor was not made out until the following
June,3 when he received a new Patent, with a new Great
1 Rot. ilun. 24° 25 2G" Eliz. " Pat. Rot. on Cane. Ilib. 1 Eliz. 3 Ibid.
LIFE OF ARCHBISHOP CURWEN, CHANCELLOR. 247
Seal.1 We do not find that the perquisite of the old CHAP.
XVII
Great Seal, usually granted to the Chancellor on a change J1^_L.
of Seals, was formally bestowed upon him, but, from his A new
reputation for appropriating to his own use and benefit
everything of value which came in his way, I may assume
that he kept this to himself.
The accession of Queen Elizabeth must have been a
trying time for State officials. The temper of that poten-
tate was known to be hasty ; and any attempt to trifle
with, or disobey her commands, was sure to call down the
royal wrath. The Chancellor- Archbishop of Dublin was a The Chan-
wily politician, and accommodated himself so well to the favour_
changes of the times, that he held his place, and soon
became as great in favour with the Protestant Elizabeth
as he had hitherto been with the Catholic Mary. He
lost 110 time in effacing all the symbols of Catholicity with
which he had recently adorned the cathedral and parish
churches. Statues, pious pictures, and beautiful frescoes Catholic
were removed, and orders given to paint the walls of removed.
St. Patrick's ; and, instead of pictures, to place passages
of Scripture thereon. Like orders were issued respecting
alterations in Christ Church.
Although the Chancellor manifested such zeal in the Cum-en
cause of the Reformation, he was regarded with suspicion fh^Wsh*7
by his brethren ; and this caused injurious reports of him bishops.
to reach the Queen. Aware of this, he was desirous of Pesires to
^^ 1 pfl VP
leaving Ireland ; and, to attain this end, in 1564, he wrote Ireland.
to Queen Elizabeth : —
' It maie please yor most excellent maiestie, wheare Letter to
information hath been given to yor maiestie, that by ^
reason of my great age I am insufficient, and not legable
to serve yor Grace in th' office of Chancillo1' of this Eealni,
and to accomplish the mynisterie belonging to Th' arch-
busshop heare, I acknowledge that having served yor
highnes, and the Queene your sister, eight years and a
half in th' office and function of Chaun cello1' of this
1 Borlase Reduction of Ireland . U'l.
248 EEIGN OF QUEEN ELIZABETH.
CHAP. Realm, and Arclibusshop of Dublin, by travaylles in the
office gotten in my later yeares, sickness, and not age,
that maketh me the lesse liable to continewe my servise
in theis places as my hart desireth, I am bould hmnblie to
beseech yor maiestie to disburden me of theis charges, and
Solicits an to bestowe upon me some busshoppricke in England at
See y°* pleas1", to spend the rest of my life in the svice of
God, and of yor maiestie. in that vocaon, in continuance of
the good name which I trust hitherto I haue had and de-
served, wheare I trust I shuld recouar better health than
I haue had in this Realm.
' And yf yor maiestie can not pntlie bestowe upon me a
or a . busshopprick, then to grauiit to me by peiicon, or outlier
spciall promotion, to the yearelie value of my busshop-
pricke heare, of which value this bearer, being my naturall
brother, can in for me yor grace, thereby to kepe my ould
servauiites, which long haue taken paines w* me, and
con tine we som part of the hospitalitie which hitherto I
haue ever kept, sith I had ecclesiasticall promotion, uutill
yt shall please yor highnes to bestowe some souch busshop-
pricke upon me.
' And yf yor maiestie meaneth not to bestow such a
lyving npon me, than I humblie besech youe to dispose
Th' office of Chauncellor upon such parson as yor maiestie
shall th hike meete, and to pmitt me to continewe Arch-
bushopp here, and to giue me some pencoii or outlier
leyving in comenda to suplie the small value of my said
archbusshopprick, wch was well helped by the ffee of the
office of Chaun cello1' ; in respect of the true service that I
haue w*out corruption doii unto yor maiestie and the
Queue yor sister in thois offices ; that thereby the evill
disposed have no cause to conceave or report that for my
evill desertes, or lack of due service in them, I was thought
worthy to lose them ; and especiallie Th' archbusshop-
prick, the leaving whereof, and not receiving a nether,
shall ingender sclaunder against me, that I was deprived
yf obteigning any of theis my pore suites at yor maiestie's
LIFE OF AKCIIEISHOP CURWEN, (MIANVELLOK. 249
haiides, I shall dispose my-sealf to serve God and yor CHAP.
xv 1 1
niaiestie to tlie uttermost of my power and calling. •^__1 1^
' I feare much, lest yor hignes upon sinister information Fours tin-
have conceaved some misliking towardes me and my prejudiced
doings, which greveth me more than any woiidlee matter, Against
him.
and therefore I humblie besech yor niaiestie to will my pt,f(TS to
Lord Lievetenant, or the Commissioners, to inquier and tin-Vi<vruy
certifie my doings to yor maiestie, wherein I trust yor racter^ '
niaiestie shall understand my dutie, doinge with out cor-
ruption, and my travayll in furthuring all yor proceadings
belonging to my function, and so referring my sealf holie,
and my cause to yor higlmes onlie, alwaies contented to be
ordred as shall please the same, I shall daylie praie to God
to send yor grace a long and prosperous raigne over us, a
good health, with victorie against all yor eneniyiss.
' Yor Grac' is most humble subject,
' Daylie orator and pore chapplen,
' LL DIBLEN, Cane.1
' At Dublin the third of Aprill 1564.
' To the Quene's most excellent maiestie
his most graciouse souvraigne ladie.'
At the same period his Grace wrote to Sir William Cecil,
then principal Secretary of State, the following equally
characteristic letter :2—
' My humble comendacoiis pmised unto yor right honor- Letter to
able Mrshipp, wheare my especiall good Lord, the Lord
Lieutenant of this Eealm, hath shewed me in the Queue's
behaulf her maiestie's pleas1" to be, that I should be per-
swaded in respect of myne a.ge to sue to be exonerated
both of my Archbusshopprick and Th'office of Chauncellor,
and to take a pencofi of Four hundred poundes. It maie Dissa-
please yor honor to understand I have more neade of an ^h his
augmentacofi to my poor lyviiig, than to have it dimi- pension.
nished ; ifor sith I have served here in this Realm, I have Nothing
yearelie spend the hole revenues of my Archbusshopprick saved-
1 Original Letters, rililecl by Shirley, p. 142. 2 LI. p. Mf>.
250
EEIGN OF QUEEN ELIZABETH.
CHAP.
XVII.
His age.
Prefers a
bishoprick.
and the fee of Chauncello1" everie penye, I have served her
highnes and her Noble Sister in this Eealm the space of
eight yeares and a haulf, and have done them true service,
I trust, and the same without anie kind of corruption,
howe so ever I have bene reported ; and have stand in the
futherance of her Maiestie's proceedings to the best of my
power, so that they have taken the better successe by my
means, as my singular good L. the Lord Lieutenant
knoweth ; and touching the giving up of these two romes,
al though I am not of so great age as to be utteiiie uu-
nable to serve in them, and so gladly would, being three
years under the age of threescore ; yet yf her pleasr so be,
I will gladlie give them up unto her handes. In respect
whereof my most humble suite unto her Maistee shalbe,
that in the lew of them yt maie please the same to give
me such a beesshopprick in England, as shall stand wt her
pleassr; ffor in leving this that I have and not receeving
annother I shall run into the sclaunder that I am put from
this, and deprived for evill deserving, which I take God to
record I have not deserved but in both thoffices rather as
I thinke, thankes, than to lose anything ; and wheare [as
I feare] I have been untrulie reported to her highnes, most
humblie I beeseech yor honor to move her said highnes to
will my L.-Lievetenannt or her highnes' Commissioners
to inquire of my doings in both the said offices, and citifee
her grace the truth, ffor nothing so much greveth me as
to thinke yt her said grace shall have an evill opinion in
me ; yf yt be not her niaestie's pleas1" to give me a bees-
shopprick in England, then I must humblie beeseech her
maistie to pmit me to kepe this still that I have, and in
respect of th'exilitie thereof [which was increased and
helped by the fee of Chancellor] to give me some pencon.
or anuitee in augmentaeon thereof such as her grace shall
think meete in respect of the poor service I have done :
Unless it maie please her highnes of her most gracious
bountie to give me a pencon or other promotion in
England, of as good yeaiiie value as my said Archbushop-
prickft is, otherwise I shall be constrayned to put awaie
LIFE OF ARCHBISHOP CURWEN, CHANCELLOR. 251
many of my pore servaundes which, be Englishmen, and CITAP.
have taken paynes wt me here all the tyme of my being in. ~_'_. ' ^
Ireland ; and for that sith the first time I had any ly ving I
have alwaie kept pore hospitallite which I would be loth to
give up in my latter daies ; I huniblie besech her maistie yf
I shalbe put to a pencofi, that the same or a part thereof,
maie stand in ecclesiastical fruietes, by reason whereof I
maie continnue pore hospitallitie ; Thus I am bound to
wrrit my whole mynd unto yr honor offering mysealff in all
things to be ordred as shalbe her highnes most gracieuse
pleassr. Most humble beesechyiig yor good Mrshipp, not
to be offended with this my rude bouldness thus trubbling
yor hoiior, having nothing deserved toward youe, but being
utterlie unaquaynted, and anniinated thereunto by the
comfortable report made by all men of yor goodness in
fauorable hearing of pore suters. Beseeching the same
to proffer this my simple sute with my ters to her inaistie,
procuring the knowledge of her pleassr thereon to this
bearer, which is my iiaturall brother, whom yt maie please
youe to permit to repayer unto your honor from tyme to
tyme to know yor pleassr herein. Thus I humblie take
my leave of yor honor, wishing the same good health, long
lif, with increase of much honor. At Dublin the third of
Aprill 1564.
' yor dailie orator, alwais to command,
' H. DUBLIN, Cane.
' To the right honourable Sir William Cieill,
Knight principal! Secretaire to the
Queues Maiestie.'
The state of Ireland was much disturbed at this time.
The Viceroy, Earl of Sussex, led an army from Dublin, and
routed and defeated the formidable Irish chieftain, Shane
O'Niell, near Dundalk, with considerable loss. A Pro-
clamation issued against priests and friars assembling in
Dublin, and a tax was levied upon any inhabitants who
absented themselves from Protestant houses of worship.
Meanwhile the position of the Lord Chancellor giv\v
252
REIGN OF QUEEN ELIZABETH.
CHAP, more unpleasant every day. Even in his Courts he ob-
-.J , — — served a growing want of respect paid to him ; and,
thoug-h from his position in Church and State a high
official, he was seldom consulted upon any subject.
Another letter from the Chancellor is given in Mr.
Shirley's interesting collection.1 It is addressed to William
Herbert, Earl of Pembroke, one of the Lords of the Privy
Council, to whom Queen Elizabeth particularly intrusted
the settlement of the Reformation. The occasion for ad-
dressing Lord Pembroke appears in this letter.
Letter to 'After my humble comeiidacons, wheare in my last Ires
the Earl of
Pembroke. I was suter to yor hoiior to be good unto Sainct Patrickes
Church here, which church yt is reported that the Queue's
Maiestie myndeth to alter and to convert the prebendes
thereof unto a Univsitie, my pore request at this tyme is,
to desier yor good L. yf ye here any such thinge toward,
to helpe to stale the same Church in the state that nowe
yt is in, the notion of the chaunge cometh of certen
greedye psons which hathe repaired out of this Realm to
the Court, wch loke more for theyre owne gaine than any
profitt to the country, thincking at the dissolving thereof
to have the prebendes to fearme at a low pryse as divers
Opposes a of them have made theyre boast here. My veraie good L.
^n this Realm of Irland a Univsitie wilbe but of small
profytt, for here be no promotions to bestowe upon clerkes
when they be learned, which is requisitt of necessitie, and
an Univesitie heare weare unprofitable, for the Irish
enemy es, under collo1' of study, would send their ffrendes
hither, who would learne the secretts of the country and
•/
advtyse them thereof, so that the Irish rebells should by
them knowe the pryvitie of the English pale, whereof we
are lyke to growe iioe small hurt, and besides theis the
prebends beproch churches, having cure of soules, and
therefore needfull to be bestowed upon auncient men, and
not amongst young scollars, the hole proffet of them
1 Original Letters, edited by P. E. Shirley, Esq., a valuable work which
entitles the respecled editor to gratitude from historians of the Reformation.
LIFE OF ARCHBISHOP CURWEN, CHANCELLOR. 253
staudeth in Tythes, w*out any temporal land, w('h nowe CHAP,
corne being extremelie deare, be some what worth, but yf ,._l__r__^
the price of corne slial fall, they would be of to smale a
value to healp any number of scollars, moreou the chaung
of the Church would be a destruction to Th'archbusshopp
heare, who hath not one benefice w*in the English pale to
bestowe upon learned men, but oiilie the Prebendes of St. The
Patricke's which be in number not past xxiiij., so that yf Prebends-
they be altered, he shall not be liable to have one learned
man to preach Gode's word in his diocess, and wheare the
Deaiiry being nowe void, and they prohibited to elect
them a newe Deane according to the ordnance of that
Church. It male please yor honor to be a sutor for them
to her higlmes to license them to proceed to the ellection
of a newe Deane, whearein ye shall doe a meritorrouse
deade to godward, and bind the pore company of that
Church, and we and all or successors to be yor dailie
orators. Thus being bould to trouble yor honor w* my
pore suites I humblie take my leave comitting yor good L.
to almightie God, who long preserve the same in health,
with increase of much hoiior.
' at Dublin the xxist of June, 1564,
' H. DIBLIN, Cane.
' To the righte honorable and my veraie
good L. Tlierle of Pembrouke geue thirs.'
Iii June 1566, Nicholas Narbon was appointed to the ulster
office of Ulster, principal Herald and Kmg-of-Arms, with
a fee of forty marks a year.
j arms.
1 Contemporaneously with his appointment a warrant issued to ' all noble King-of-
estates and gentlemen,' as well spiritual as temporal, authorising the King-of- Arms make
Arms to make a visitation, and oversee their arms, as was customary in En<v- visitation.
liind; and that they should show their devices, conusances, and arms to him,
and if any default should be found in their coats-of-arms, standards, banners,
pennons, or counsances, or other tokens of nobility and honour, contrary to the
laudable usage of the realm, they should he reformed in such like manner as
to the law of arms appertain ; to correct all false armoury, and all such as,
without his consent, presume to bear arms or sign of nobility, except they be
honourably descended of blood and name from their ancestors ; to register the
descents and niarriagrs of all nobles and gentlemen of the realm, and to inform
25A
REIGN OF QUEEN ELIZABETH.
CHAP.
XVII.
Curwen
not a
sliining
light.
Charges.
A second
letter tu
Cecil.
T3ie Chancellor devoted himself with great assiduity to
tlie functions of his office, and as lie had studied the
Roman civil law with great industry, made a very able
Equity Judge. From the estimation in which he was held
by his brother prelates, we may easily perceive he was not
regarded as a shining light of the Reformation. Dr.
Loftus, Archbishop of Armagh, writing to the Primate of
all England, his Grace of Canterbury, reminded him how
his Grace had promised to aid him (Loftus) in all Church
causes in Ireland, especially for removing the Archbishop
of Dublin. That he was a known enemy, labouring under
open crimes, which, states Loftus, in somewhat enigma-
tical earnestness, ' though he shamed not to do, I am
almost ashamed to mention.'1
The consciousness that he was not trusted, as indeed
from the repeated proofs he had given of the unsettled
notions he entertained of religion, is not surprising, em-
bittered his life. He repeatedly cited proofs of his regard
for the Crown, * that no man of his coat 2 had been more
devoted,' as indeed from the repeated number of times he
had turned it to suit the change of the Court creed, we
may readily admit. He must have rejoiced when the
Queen signified her intention of granting his prayer of
removing him from Dublin to Oxford, in the year 1566,
and at that time his health was very indifferent, as appears
from his letter to Sir William Cecil :—
' My humble comendacens premised unto yor right
honorable mastershippe, whear yt hath pleased the quene's
most excellent Maiestie to signyffie her most graciouse
pleasure hyther to bestowe upon me the bushoppericke of
Oxford, considering my sicknes and inhabillitee heare
longer to srve, I am so bould upon yor said good mrshippe,
all those who, at funerals, wear gowns, hoods, or tippets, above their estate or
degree, also to see that no painter, graver, goldsmith, or other artificer, make
or devise any uew arms, or devices other than used by antiquity, without the
authority of the Ulster; and all parties were directed to obey him in the
execution of his duty.' — Morrin's Calendar Pat. and Close Rolls Chanc. Ir.
1 Strype's Life of Parker, i. p. 221.
LIFE OF ARCHBISHOP CUKWEN, CHANCELLOR. 255
all though I have not desred any thing of yor lioiio1" for tlie CHAP.
• XVII
goodness that . have heretofor found in you to desyr yor
said honorable Mrshipp to move her Maiestie that yt
might stand with her graciouse pleasure that I myght
come hence befer the winter next ; for I am heare in the Wishes to
winter so sicke, and lycke wise weke, as heartofore I have fo*Jwinter
ben acant hable to pass yt over with liffe, and very glad
wold I be if it might stand with her graceouse pleasur to
coTne awaye in such tyme as I myght paid fire for winter,
and haye for my horsses ; moreou, yt should be well done
of her Highiies, after my going away hence, to appoint Suggests
another Archbeesshoppe with sped ; for yf the See stand Another
vacant, much of the lands wil be pilfered awaye by Irish- bishop.
men, and the howses spoyiled, which nowe I leave in good
estate. Thus am I bould to truble yor honor with my rude
suttes, not hable to recompense the same with any thing
save my prayer, which yor honr shall be assured of during
my lif, as knoweth God, who long presve yor honorable
Mrshippe in good health, and increase yor honor.
'At Dublin the xxist of Mail. 1566,
' yor honor at commandment,
1 H. DIBLIN, Cane.1
' To the right Honorable Sir William Sissill,
Knight, principal Secretary to the Queen's
Matie, be this gueven with speid.'
The Queen's principal Secretary of State must have been impor-
heartily tired of the Archbishop's ' little sutes ' which tu"ate
11 . A suitor.
showed the great activity of the Most Reverend Prelate in
looking after his personal comforts. But if the Secretary
supposed he was done with him, after the letter just
quoted, he was a trifle mistaken. The next post brought
him the following, in which the prelate solicits ' the
last half year's rent of the See of Oxford.' This time
he has the modesty not to ask himself, but has influence
enough to induce Sir Henry Sydney, Lord Deputy of
Ireland, to ask for him. This letter is also to Cecil:
1 Shirley's Original Letters, p. 218.
256 EHIGN OF QUEEN ELIZABETH.
CHAP. ' Sr, after my most hartee cofuendacens, the Arclie
XVII
v.__, _^ Bishop of Dublin, (who impateth all his good happe of
The his revocation to my Lord of Lecester and you, as by
letter to whose mediation he hath received comfort and favor from
Cecil. the Queen's Ma'y,) hath been verie earnest with me to
recomende unto you his desier to be disburdenid forthw"1
of his office here, alleadgying his infirmity of the pallsey,
and thereby his dishability to travell towards winter, add-
ing to this, his desire of speedy departur hence, an humble
Ask? for sute to be relieved and recompensed for his long- service
year's rent. wth the last half yere's rent of the Bishopricke of Oxforde.
The Vice- I have weied his requests meet to receive my comendacon,
mends'0 the one being necessary for her Ma^ Service, if any other
Chauncellor were sufficient for the place might fortlrwth be
appointed, the other honorable for her Highness to grauiit,
wherein his long continued faithful service should receive
a contented recompense, both such I laie befor you,
desiring yo1' aceustomid favor to pswade this his honest
pitticion.
' And so I bid yo most hartely fare well, from Kyllmaiii-
ham, the xxiij of May, 1566,
' Your assured freynd to comand,
<H. SYDNEY.'
This graceful letter from the accomplished Lord Deputy
must have been very consoling to the veteran courtier,
who, in the words of some of his brother prelates, was
Harsh called ' an old unprofitable workman,' a ' disguised dis-
sembler,' to be numbered among 'the dumb dogs who
neither teach nor feed any save themselves.' '
His health began rapidly to fail under the infirmities of
sickness, notwithstanding his translation to Oxford. He
His death, did not live long in this See, for we learn, he died at
Swmbroch, near Burford, in October 1 568. He was buried
in the parish church of Burford 011 November 1, 1568.
The character of Curwen as an ecclesiastic and politician
is so apparent from his life that I am spared further notice
1 Shirley's Original Letters, p. 201, 226.
LIFE OF ARCHBISHOP CURWEN, CHANCELLOR. 257
of one, who, had he lived a century later, might fairly be CHAP.
X V 1 T
regarded a trimmer. I must, however, mention some of ._' _^
the legal changes of his time. His experience as an Log;il
Equity Judge helped to mould the Court of Chancery in
Ireland upon the English model, and there the equitable of Lord
jurisdiction was greatly extended. The process of the c.elior
Court to compel the defendant's appearance, and carry
decrees into effect, was materially assisted by the process
of sequestration and commissions of rebellion, which ren-
dered persons as well as property amenable to process of
equity, as well as of Courts of Law. Power of granting
costs, of directing issues to be tried before common law
Judges, each obtaining their assistance in cases with which
they were more familiar than the Chancellor, was also
gaining ground. The office of Master in Chancery was
now assuming" increased importance, and ' References '
increased, which enabled the Chancellor to save himself
trouble, and often proved advantageous to the suitors.
Bills of discovery, and to perpetuate testimony in cases of
disputed legitimacy, were very prevalent in Ireland at this
time.
In the comprehensive Institutes of the Court of Chan-
cery, recently published by Mr, Griffith, of Crown Office
Row, Temple, the state of the law regarding the mercan-
tile classes, at this time, is shortly but clearly stated. By
34 and 35 Henry VIII., c. 4, commissions against Bank-
rupts issued out of Chancery.
VOL. I.
258
REIGN OP QUEEN ELIZABETH.
CHAPTER XVIII,
CHAP.
XVIII.
Doctor
Weston.
Norman
descent.
Parentage
of Kobert
Weston.
Two sons
study law.
Richard,
Header of
the Middle
Temple.
Robert, a
Fellow of
Oxford.
Principal
of Broad-
gate Hall.
Deputy
professor
of civil
law.
LIFE OF LORD CHANCELLOR WESTON.
WHEN Archbishop Curwen resigned the Irish Seals, in
1567, the Queen selected as his successor DOCTOU WESTON,
Dean of Arches, a very different character ; for I find few
who led more pious or amiable lives than the individual
whose career I have now to relate, Robert Weston. The
genealogy of this family, Mr. Foss states l in his most valu-
able repertory of legal biography, ' The Judges of England,'
is traced as high as Rainaldus de Baliole, in Normandy.
He became Lord of Westou, Berton, Broton and Newton
in Staffordshire, in the reign of the Conqueror. Robert,
the future Lord Chancellor of Ireland, had noble blood in
his veins ; he was third son of John Weston of Lichfield, by
Cicily, sister of Ralph Nevile, Earl of Westmoreland.
The tastes of two of the sons of this marriage was for
the legal profession, in which both acquired great distinc-
tion. Richard, the second, entered the Middle Temple,
where he arrived at the rank of Reader in 1554.2 Robert,,
the third son, was educated at All Souls' College, Oxford,
and so distinguished himself, that he became one of the
Eellows. He applied himself to the study of civil law, and
his proficiency gained him his Bachelor's degree in 1537.
He was appointed principal of Broadgate Hall, and ful-
filled the duties of that station until 1549. At the same
time he was deputy professor of civil law at Oxford to assist
the venerable Professor W. John Storie, who had been
appointed by Henry VIII. In 1556 he was admitted to
1 Vol. v. p. f>43.
2 He was successively Solicitor-General, Queen's-Serjeant, and a Justice of
the Common Pleas in England, ik 544.
LIFE OF LOED CHANCELLOR WESTON. 259
the degree of D.C.L., being the only doctor of this faculty CHAP.
\\iio was licensed that year. There was such a scarcity of - X\II]1^
Doctors of the civil law in the University of Oxford at this
period that a dispensation was issued allowing- that an
inceptor might undergo the place of Doctor.1 In 1559,
Dr. Weston was appointed by Queen Elizabeth one of the
Commissioners for administering the oaths prescribed by
the Act of Uniformity to be taken by ecclesiastics,2 and,
at the same period he was consulted with reference to the
propriety of the Queen's Commission granted on December
6, 1559, for confirming Dr. Parker as Archbishop of
Canterbury. He was named Dean of the Arches during Venn of
the same year, and also one of the Commissioners em-
powered to examine into and determine all controversies
between the subjects of the Crown of England and those
of Philip King of Spain.3 The time of the Lord Deputy
of Ireland, Sir Henry Sydney, being greatly occupied by
the protracted and incessant wars of the chieftains of
Ireland, North and South, he required the assistance of a,
more learned Chancellor than of late held the Seals, and
became a suitor to the Queen for such a man, to aid him
by his advice, as well as for knowledge of the law. Her
Majesty complied by sending over the Dean of Arches,
who arrived at Dublin in July, and was sworn into office
011 August 8, 1567.4
We can readily suppose the state of Ireland at this
time, so different to the order and tranquillity of England,
afforded plenty of work for the new Lord Chancellor.
Luckily the Court accompt had been kept pretty free from
arrears. "Weston speedily was a favourite. ' The Chan- His high
cellor,' says Hooker, * was a noteable and singular man, by charaeter-
profession a lawyer, but in life a divine, a man so bent to
the execution of justice, and so severe therein, that he
by no means would be seduced, or averted from the same ;
and so much good in the end ensued from his upright,
diligent and dutiful service, as that the whole realm found
1 Mason's St. Patrick, p. 168. - Kymer, vol. xv. p. 547.
3 Ibid. p. 639. 4 Mason's St. Patrick, p. 169.
s 2
260
EEIGN OF QUEEN ELIZABETH.
CHAP.
XVIII.
Lord
Justice.
Success in
the Go-
vernment.
A Parlia-
ment.
Chan-
ellor'
peech, .
themselves most happy and blessed to have him serve
among1 them.' 1
The Queen having summoned the Lord Deputy to
return to England, by letters dated Angust 12, 1567,
directed the Chancellor and Sir William Fitz William,
Vice-Treasurer, to be appointed Lords Justices,2 to ad-
minister the government in the Viceroy's absence. They
were very competent men — one being very learned, the
other very wise, and possessed of great experience in the
affairs of the kingdom. As Hooker quaintly says, ' Both
being very well-minded to do her Majesty service, did
most lovingly and brotherly agree therein, each one advis-
ing and advertising the other according to the several
gifts which God had bestowed on them, by which means
they passed their government very well and quietly, to
the great contentation of her Majesty, the commendation
of themselves, and the common peace of the country.3
The Viceroy, Sir Henry Sydney, having returned to his
government in Ireland, summoned a Parliament, which
met January 17, 1568, in the Parliament House, Dublin,
and the Viceroy having taken his seat, the Lord Chan-
cellor addressed the Lords and Commons in very eloquent
speech, declaring what the law was, the great; effect and
value thereof, and how the common society of men was
thereby maintained. He next commented on the vigilant
care of the Queen over the interests of her subjects. That
she caused Parliament to be assembled, in order that, by
their advice, she might be able to frame such laws as
would tend to the honour of God, the preservation of her
Majesty's person and Crown, and the safety of the Corn-
1 Holinshed's Chronicle, vol. vi. p. 336.
2 The Queen's letter thus continues : — ' And that done, and our realm put
in order, and especial regard being had to the keeping in order of the late
recovered countries in Ulster, we are pleased that you (the Deputy) shall
return hither unto us, that you may be so instructed for conference, •with us in
all manner of causes of that realm at your coming, as your abode here be not
longer than shall be necessary, whereof more regard would be hud by you,
because we mean not. to make any full conclusion of the keeping of any Par-
liament there until your coming.'
3 Holiiifrhed's Chronicle, vol. vi. p. 5o9.
LIFE OF LORD CHANCELLOR WESTON. 201
mon wealth. He then addressed the members of the House CHAP.
of Commons, whom he desired to assemble in their own ^J . ,_ L*
House and elect a Speaker.
Some interesting particulars of Queen Elizabeth's Irish
Parliaments deserve place here. One shows the early
hours of legislators. During a debate, an honourable
Member rose to continue the discussion, but the time and Early
day were so far spent above the ordinary hour, being well
near two of the clock in the afternoon, that the Speaker
and the Court rose up and departed. At this time the Payment
members were paid — Knights of Shires received 13s. 4d. hers"
a-day ; representatives of cities, 10s. ; of boroughs, 3s. 4-d.
Contention sprang up amongst the honourable Members,
and the Judges were called 011 to interfere, notwithstand-
ing which a considerable delay ensued before any business
was done. The orders and rules which regulated Parlia- Parlia-
ments in England were adopted. In these rules there is ™"'iary
not any form of oath prescribed to prevent Roman Catho- tions.
lies or Dissenters sitting in Parliament.1
During the winter of 1572, and the ensuing spring, the Fatal
Chancellor was much indisposed; but he attended his
court pretty regularly, though it was painfully apparent
that his health sadly failed, and he was no longer able to
attend to affairs of State. In him the Viceroy lost a faith-
ful counsellor,2 and one of his chief supporters. He died His death,
during the month of May, his death being deeply lamented.
A contemporary writing in language very eulogistic of
the deceased Chancellor, thus relates the sad event : — ' It
hath pleased God to call out of this miserable life Doctor
Weston, Lord Chancellor. A man in his time most god- His chu-
lie, upright, and virtuous, and such a one as that place
was not possessed of the like in many currents of years.
In his life he was most virtuous and godlie ; in matters of
council most sound and perfect; in justice most upright
and uncorrupted ; in hospitalitie very bountie and liberal ;
in manners and conversation most courteous and gentle ;
1 Irish Parliaments, liy the Right Hon. Jam°s Whin-side, pt. i. p. 4-7.
2 Mason's History of St. Patrick, p. 171.
262
REIGN OF QUEEN ELIZABETH.
CHAP.
XVIII.
Exhorta-
tion to his
household.
Last ad-
vice to the
Council.
Monu-
ment.
Irish Acts
passed.
faithful to his Prince, firm to his friend, and courteous to
all men ; and as was his life, so was his death, who a little
time before the same called his household, and gave them
such godlie instructions as to their callings appertained ;
then he set his private things in order, and he spent all
the time that he had in praiers and exhortations.
' At last, feeling a declination towards, he appointed a
general communion to be had of his household and friends
in his chamber, unto which all the Council came and were
partakers ; and then, these actions finished, he gave a
most godlie exhortation to the Council, persuading them
to be zealous and virtuous in God's true religion ; then to
be mindful of their duties to her Majesty ; and lastly, re-
membering their callings and estate, and the great charge
of the Government laid upon them, and committed unto
them, that they would be valiant, careful, and studious to
perform the same, as might be to the glorie of God,
honor to the Queen, and benefit to the whole realme ;
which points he handled so godlie, learnedly, and effec-
tually, that he made their tears to trill and their hearts to
be heavy. This done, he bade them farewell, and not long
after, he being fervent in his prayers, he died most godlie,
virtuously, and Christian like.' !
His remains were interred in St. Patrick's Cathedral,
Dublin, and his effigy, in a recumbent posture, arrayed in
his State robes, occupies an arch in the upper part of the
monument erected by his grandson, the Earl of Cork.
An inscription to his memory is placed beneath the figure.
There are few finer characters among the Irish Chancel-
lors than Weston, and I wish my memoir of this amiable
and excellent man was fuller ; but I have collected all
respecting him my industry enabled me to discover, and I
have not spared any pains.
Amongst the laws passed in Ireland during this reign
was one for the punishment of perjury ; another for the
establishment of free schools in each diocese. The Statute
against Fraudulent Conveyances, though enacted in Eng-
land, was not extended to Ireland until a subsequent period.
1 Holinshed's Chronicle, vol. vi. p. 373.
ARCHBISHOP LOFTUS, LORD CHANCELLOR. 2G3
CHAPTER XIX.
LIFE OF LORD CHANCELLOR LOFTUS, FROM HIS BIRTH TO THE
FOUNDATION OF THE UNIVERSITY OF DUBLIN.
As Western was a very different Chancellor from his pre- CHAP,
decessor, the versatile and avaricious Curwen, so his sue- — " / '_
cessor, ADAM LOFTUS, the celebrated Archbishop of Dublin, Loftus a
differed in many respects from both. He resembled them. Weston.
also in some points — Weston in his great business habits ;
Curwen in his unscrupulous conduct and insatiable ava-
rice. Loftus had much more power than any of his pre-
decessors, and thoiigh he mainly used it for personal
aggrandisement, in one important matter he merits the
thanks of men of letters — he established the University of
Dublin. This distinguished prelate was born at S wines-
head, in Yorkshire, in 1534. From an early age he Birth.
showed great abilities, and, destined for the Church,
entered, though somewhat later than usual, as a student His edu-
the University of Cambridge. It was his fortune to have catlon<
been called upon to take part in a public exhibition while
at College, in the presence of Queen Elizabeth, and his
graceful elocution, in addition to his comely person,
Tcmched the stout heart of England's Queen, N t' d
Though French or Spaniard could not trouble it. hy Qi1H,n
Elizabeth.
It requires no great stretch of imagination to fancy the The Queen
scene which shaped the boy's future destiny. It was a
busy day in the University city. Studious-looking men,
whose pale thoughtful faces told of many midnight vigils,
and whose strained eyeballs told of severe study, wandered
about in cap and gown ; the curious gaze, as though the
sight of the every-day world around was strange and
novel to them. A busy day in the grave city, where the
264
EEIGN OF QUEEN ELIZABETH.
CHAP.
XIX.
Enquires
about
Loftus.
Promises
to reward
his
industry.
Loftus in
Ireland.
Perplexity
of an
English
Bishop.
Sovereign Lady of the realm, attended bj the pageantry
which Elizabeth so much loved, made her Royal progress
through the streets, turning the thoughts of the students
froni their books to shows and gay revelry. In the examina-
tion which ensued, Adam Loftus bore a very distinguished
part, and the Queen sought him out from his fellow
students. With that quick insight into character, which
was proved by her notice of Raleigh, Spenser, and others,
she enquired into the circumstances of the young student,
and encouraged him by her commendations. She bade
him persevere in his studies, and promised to reward his
proficiency. Her Royal favour no doubt was a spur to
his ambition, and Adam Loftus resolved that one day his
name should be known and honoured beyond the walls of
Cambridge.
When ordained, he sought a field for his ministry ;
Ireland was, at this time, a theatre where adventiirous
spirits sought renown by intellectual pursuits as well as
martial prowess, and hither he turned his steps.
The Rev. Adam Loftus came to Ireland about the year
1559 as chaplain to Alexander Craike, then appointed
Bishop of Kildare. This conscientious Prelate wrote on
April 30 in that year to Lord Robert Dudeley, ' that he
could not preach to the people, nor could the people
understand him,' and desired to be released from his
bishopric. He states that his chaplain, ' Mr. Lofthouse
(Adam Loftus) who lately came over with him, was his
only help in setting forth God's word.' On August 5
following, the poor Bishop wrote to Cecil ' that he was
in the Marshalsea for his first-fruits,' and imploring his in-
tercession with the Lord Chancellor for a pardon. He had
to undergo a lengthened incarceration. On October 26 he
again wrote, complaining that he received no answer to
his petition desiring to be discharged of the first- fruits,
which was promised to be remitted before he left London,
and praying to be disburtheiied of his bishopric, as he
could not understand the Irish language.1
1 Morrin's Cal. Pat. and Close Kolls, vol. i. p. 435.
ARCHBISHOP LOFTUS, LORD CHANCELLOR. 205
While Thomas Eatcliff, Earl of Sussex, continued in the CHAP.
Viceroyalty of Ireland, the Reverend Adam Loftus was ^L^Ll^
appointed his chaplain. During- this time a Parliament A Parlia-
was held in Dublin, by which the greater number of the
Acts passed in Queen Mary's Parliament were repealed.
Seventy-six members were returned, writs having- been
issued for the counties of Dublin, Louth, Kildare, Meath,
Westmeath, Carlow, Kilkenny, Wexford, Waterford, and
Tipperary, and for certain towns where the English in-
terest felt secure of being represented. It passed several
Statutes for the establishment of the Protestant religion
C5
in Ireland. The care of Loftus' Royal patroness was not
remiss. In 1561, we find him appointed by Letters Patent Prefer-
to the rectory of Paiiistown in the Diocese of Meath. meut'
Further preferment was close at hand. Archbishop
DowdalPs death in the following year left the Primacy
vacant, and the Rector of Paiiistown, at the early age of
twenty-eight, was nominated to the Archbishopric of Arch-
Armagh. It is stated that, through him, the Irish Pro- ^isll°P °f
Armagh in
testant Bishops derive their succession, ' for he was con- 1-362.
secrated by Curwen, who had been consecrated in England Succession
according to the forms of the Roman Pontifical in the Protestant
third year of Queen Mary.' l At this period the Chan- B
cellor, Archbishop Curwen, found the business of his business in
Court exceedingly arduous. The recent rapid advance in tl]®9ourt
ra J "of Chan-
equitable jurisdiction caused by the Statute of Wills and eery.
the Statute of Uses, was beginning to tell upon a consti-
tution never very robust, and the number of important
suits respecting the suppressed monasteries was swelling
the arrear in the cause list. His health was greatly
broken, and it was doubtful if he could continue to preside
in the Court of Chancery, from which he was most anxious
to be released.
The revenues of Irish Sees were then unlike what they Incomes.
grew to be in after years. The license to hold other prefer-
ments, to supplement their incomes, had to be frequently
given to the Bishops. Thus in 1564, Archbishop Loftus
1 Ware's Bishops, p. 34.
2G6
CHAP.
XIX.
Licensed
to hold
Deanery
of St.
Patrick's.
Excom-
municates
a Catholic
chieftain.
Exchanges
Armagh
for Dublin.
Eesigns
the
Deanery
to Lord
Chancellor
Weston.
Queen
Elizabeth's
epistolary
style.
KEIGN OF QUEEN ELIZABETH.
received Queen Elizabeth's license to hold the Deanery of
St. Patrick, to which he had been elected, together with
the Primacy; his Archbishopric being a place of great
charge, in name and title only to be esteemed, without
any worldly endowment resulting from it.1
Although the State had ceased to hold communion with
Rome, in the opinion of ecclesiastics, the censures of the
Church ought to produce terror, for when, in 1566, the
Irish chieftain, O'Neill, ravaged the Primatial city and
the Cathedral of Armagh, Primate Loftus fulminated the
thunders of excommunication against him, not only by
himself but by the clergy of his diocese. As, however,
O'Neill held fast by the Catholic faith, he utterly and
ostentatiously disregarded these Protestant denunciations.2
At the close of this year, the degree of Doctor of Divinity
was conferred on the Archbishop by the University of
Cambridge, and the Primatial See of Armagh was ex-
changed by him 011 August 8, 1567, for that of Dublin,
then deemed more valuable.
The Queen required him to resign the Deanery of St.
Patrick in favour of Dr. Weston, whom her Majesty
appointed Lord Chancellor of Ireland, which he did ac-
cordingly, though, we can readily believe, nothing but the
peremptory command of Elizabeth Regiiia would have
caused him to do so, as he derived very considerable profits
from the Deanery. No doubt Archbishop Loftus had in
mind the letter — short if not sweet — addressed by the
Tudor Queen to a brother Prelate, which contained a
memorable threat.3
' Proud Prelate, — I understand your are backward in
complying with your agreement ; but I would have you to
know that I who made you what you are can unmake you,
and if you do not forthwith fulfil your engagement, by —
I will unfrock you.
' Yours, as you demean yourself,
' ELIZABETH.'
1 Rot. in Cane. Hih. - Ware's Elizabe-th, c. 9.
3 Letter to Bishop Cox. Vide London Society, vol. ix. p. 560.
ARCHBISHOP LOFTUS, LORD CHANCELLOR. 2G7
By no means anxious to be favoured with a like speci- CHAP.
• \i \
men of the Queen's epistolary style, Loftus with alacrity ^_T_/ '_„
yielded the Deanery to Lord Chancellor Weston.
National education in Ireland was a favourite project National
u . education.
with the Archbishop, and it was probably owing to his
exertions an Act was passed in 1570, directing that free
schools should be kept in the principal town of every
diocese, at the cost of each diocese, the ordinary of each
to pay one-third of the master's salary, and the remainder
to be contributed, in due proportions, by parsons, vicars,
prebendaries, &c.
Dr. Loftus was by no means content with the revenues
of his See. He made such representation of its poverty
to the Queen, that, in May 1572, she granted him a dis-
pensation to hold, with his Archbishopric, any sinecures Sinecures.
he might obtain, not exceeding 100?. a-year in value ; a
license of which he very fully availed himself.1
On the lamented death of Lord Chancellor Weston
in the year 1573, Archbishop Loftus succeeded him as Colior.
Lord Chancellor of Ireland. Some persons might have
supposed the possession of two such important dignities
as the Archbishopric of Dublin and the Lord Chancel-
lorship would have contented any man, but they failed
to satisfy Adam Loftus. Harris relates that, ' beside his
promotion in the Church, and hie public employments in
the State, he grasped at everything that became void, The Chan-
either for himself or family ; insomuch that the Dean and
Chapter of Christ Church were so wearied with his im-
portunities that, on August 28, 1578, upon granting him
some request, they obliged him to promise " not to petition Promise.
or become a suitor to them for any advowson, of any pre-
bend or living, nor for any lease of any benefice."
When Sir John Perrot was Deputy, he had opportunity Policy of
to see and discretion to mourn the mischievous policy
by which the inhabitants of Ireland wasted their energies
and means in injuring each other by internal feuds,
instead of uniting to advance the common weal. Mr.
1 D'Al: oil's Archbishops of Dublin, p. 242.
268
KEIGN OF QUEEN ELIZABETH.
CHAP.
thedral.
The
Canon's
house.
Taylor well observes,1 ' Being a man of vigorous benevo-
lence, he made great exertions to ameliorate the condi-
tion of the people, and hoped, by the removal of unwise
distinctions, to give Ireland a common feeling with a nation
to which she had not been yet more politically allied.
As England was rapidly rising from comparative rudeness
into commercial wealth, and that state of information
which foreruns a graceful prosperity, he justly concluded
that mere Acts of Parliament could never produce a sin-
cere coalition between two countries in different stages of
mental progression, or rather while one was invigorated
and the other repressed. It was necessary, for the real
union of both, that there should be a sympathy of habits,
and Si perception of mutual interests.'
The Viceroy's idea was to erect institutions, wherein
learned men might raise the intellectual standard of the
people, and diffuse through all classes the benignant in-
fluences of education. He also was anxious to provide
better Courts for the legal profession. With this view he
wrote to the then Lord Treasurer of England, ' That
whereas there is no place for the Courts of Law, save only
an old hall in the Castle of Dublin, dangerously placed over
the munition of powder, that the Cathedral of St. Patrick,
being spacious and large, would sufficiently serve for all
the several Courts, and there being a want of a store-
house for grain, and other provisions, and no fit place for
it, whereby the waste in victualling is the greater, that
the Canon's house environing the Church might aptly
serve for an Inn of Court, to bestow the Judges and lawyers
in, in exchange for which their Inns of Court, lying com-
modiously over the river, and hard by the bridge for load-
ing and unloading, might aptly serve for a storehouse and
granary. That there being two Cathedrals in Dublin,
this being dedicated to St. Patrick, and the other to the
name of Christ, that St. Patrick's was in more super-
1 History of the University of Dublin, by Taylor, p. 3. It is singular that
it is only in our day, after a lapse of nearly three centuries, statesmen are
carrying out the policy of Sir John Perrot.
AECHBISHOP LOFTUS, LORD CHANCELLOR. 269
stiticras reputation than the other, and therefore ought to rn.\r.
XIX
be dissolved.' As the revenues of St. Patrick's Cathedral >_!_,! _^
were very large, he suggested their application to educa-
tional purposes, and to found two Universities in Dublin.
He then stated the revenues at 4,000 marks, which would
serve to lay the foundation of tivo Universities and a Two Uni-
couple of Colleges. Six masters for each, and a hundred
scholars to be instructed in learning, civility, and loyalty.
This project was strenuously resisted by Archbishop The pro-
Loftus, on the plea that it was an attempt to misappro- JJgte|i f,v
priate the Church revenues ; but it was generally believed the Clmn-
the real motive which influenced him was to prevent M t-v'
alienations he had himself made, when Dean of St. imputed to
Patrick's, from being discovered. In Sir John Perrot's ceiior.
Life l it is stated the Archbishop ' was interested in the
livings of St. Patrick by large leases and other estates
thereof granted, either to hymselfe, his children, or kins-
men, for which reason the Lord Chancellor did, by all
means, withstand the alienation of that liviuge, and being
otherwise a man of high spirit, accustomed to bear sway
011 that Government, grew into contradiction, and from
contradiction into contention with the Lord Deputie, who, Conten-
on. the other side, brooking 110 such opposition, it grewe vicenr
into some heart-burning and heate betwixt them.' and Lord
The want of cordiality between Sir John Perrot and cellar.
the Lord Chancellor was highly prejudicial to Ireland.
Seldom had a more efficient ruler been placed in Dublin
Castle than Perrot. He was a statesman, wise in counsel,
just in policy, and conciliatory in manner. He was a Character
soldier, fit to command, prudent to order, and swift to "tSll'John
execute. Connaught and Ulster were the scene of his mili-
tary operations, and he divided the latter province with
the counties of Armagh, Monaghan, Tyrone, Coleraine,
Donegal, Fermanagh, and Cavan. Sheriffs, coroners, and
Commissioners of the Peace, were appointed to these dis-
tricts. He called a Parliament in 1585, which was pro- Calls a
an
bably the first ever assembled to which the name of a Iri*h Par"
hameiit.
1 London: 1728. p. 242.
170
REIGN OF QUEEN ELIZABETH.
CHAP.
XIX.
Attempt
to repeal
Poyning's
Act.
Opposed
by the
Lord
Chan-
cellor.
The trial
of Sir John
Perrot.
Parliament of Ireland might justly apply. However we
may endeavour to assert the antiquity of Parliaments in
Ireland from a period shortly after the arrival of the En-
glish, we must admit that for centuries the constituent
Members only represented the four obedient shires, as they
were called, of Dublin, Louth, Meath, and Kildare, until
the reign of Queen Elizabeth, when, in addition to iioble-
men and commoners of English descent, Irish chiefs, and
heads of septs, were also in attendance. It is curious to
find one of the measures designed by this Irish Parlia-
ment was the repeal of Poyning's Act, which was sug-
gested by the Deputy, to enable the Parliament to pass
such laws as were requisite, without the circumlocution
inseparable from Poyning's Act. The Lord Chancellor, and
other Anglo-Irish Peers, opposed this, and got up such a
strong party that it was rejected on the third reading.1
Finding his measures constantly thwarted, the Deputy
procured his recall. His enemies caused him to be im-
prisoned for misgovernment, and he was called on to
answer for his conduct
The accusations against the Viceroy were for high
treason, but the evidence was of a trivial character. He
was blunt of speech, and when excited used expressions
which the Chancellor Archbishop and others at enmity
with him considered tantamount to denying the authority
of the Queen.
The prosecution was conducted by Sir John Puckering,
Queen's Serjeant,2 a very zealous Crown lawyer, who,
aware of the weak case against the prisoner, tried to con-
vince the jury of the guilty intentions which the words
disclosed : ' Eor the original of his treasons proceeded
from the imagination of his heart, which imagination was
in itself high treason, albeit the prisoner proceeded not to
any overt act ; and the heart being possessed with the
abundance of his traitorous imagination, and not being
1 Rev. J. O'Hanlon's Catechism of Irish History, p. 270.
2 This rank, analogous to that of Prime Serjeant in Ireland, put the holder
over the Attorney and Solicitor-General. For a report of the trial see State
Trials, vol. i. p. 1300.
AECIILISIIOP LOFTUS, LOED CHANCELLOR. 271
able to contain itself, burst forth in vile and traitorous CHAP.
speeches, for Ex abundantia cordis os loquitur.' l
The evidence mainly consisted of ebullitions of temper
when the Lord Deputy was at the Council table. At one
time he said, in reference to a letter from the Queen which
he did not approve of, ' Stick not so much on the Queen's
letters of commandment, for she may command what she
will, but we will do what we list.' Another time he said,
' This fiddling woman troubles me out of measure ; it is
not safe for her Majesty to break such sour bread to her
servants.' In reply to the charge, that he moved to sup-
press the Cathedral of St. Patrick's, Dublin, he declared,
' that the Archbishop of Dublin was his mortal enemy, and
the reason why he was moved to suppress the said Cathe-
dral Church was to have a University founded thereon ;
but he was opposed by the said Archbishop because he
and his children received by the said Cathedral 800 marks
a-year.'
The case being closed, Serjeant Puckering, as leading
counsel for the Crown, again addressed the jury and
' prayed them to consider well of that which had been
said, and willed them to go together.' This so excited
the prisoner that he called aloud in passionate entreaty
011 the jury to remember ' and have a conscience in the
matter, and that his blood would be required at their
hands.' The jury then retired, and for three quarters of
an hour the brave Sir John Perrot, the Court, and audi-
tory were in suspense awaiting the verdict. Many pre-
dicted it would be the ominous word, ( guilty.' 2
The dread sentence was passed upon Sir John Perrot,
but he was not executed. The Queen was touched with
compassion, and, on reading the report of the trial, re- ™mlllct of
membered the rescript of the Emperor Theodosius, Elizabeth,
which, she said, should rule this ca.se : ' If any person
speak ill of the Emperor through a foolish rashness or
inadvertency, it is to be despised ; if out of madness, it
deserves pity ; if from malice, it calls for mercy.' 3
1 State Tr. 1318. - Id. 1326.
3 Lord Campbell's Lives of the Chancellors, vol. ii. p. 168.
272
REIGN OF QUEEN ELIZABETH.
CHAP.
XIX.
The Queen
approves
of the Uni-
versity.
Site se-
lected.
The
nastery
of All
Hallows.
The Prior
in Par-
liament.
Monks us
landlords.
Her clemency did not avail the ex-Viceroy, for he died
shortly after.
Elizabeth did not lose sight of the University project,
and Loftus was shrewd enough to know he could do
nothing- more pleasing to the Queen than realise the idea
of Sir John Perrot at the least possible expense to himself.
He accordingly fixed his eye on the ancient and decaying
Monastery of All Saints as a fit site for the University,
and which might be readily obtained.
This ancient Monastery of All Saints, or All Hallows,
had long been a fountain of piety and charity to the neigh-
bourhood of Dublin. It was founded in 1168 by Derrnod,
son of Murchart, and endowed with broad lands and rich
offerings by successive benefactors. Blessed by St.
Lawrence O'Toole, fostered by Henry Fitz Empress —
native saint and foreign sinner continued to protect the
pious inmates. Miles De Cogan, one of Strong-bow's war-
rior chiefs, shared with the monks the lands he won at
the sword's point ; other Norman Barons added valuable
possessions in return for prayers offered for their souls'
health ; and, for four centuries, the monks of the House
lived in peace,
going
about their Master's business.
Hourly the chime of bells pealed some work of devotion.
Matins and lauds, prime and vesper — the Mass for the
living, the Requiem for the dead — and daily a liberal dole
awaited the poor at the postern gate.
Not without some occasional show and parade lived the
brethren. During the sitting of the Parliament of the
Pale, the Prior rode forth to assist at the Colonial Legis-
lature, amid the homage of burghers, on whom he bestowed
his blessing as he passed through the streets. Again, in
days of festival, the gorgeous procession, attended by the
pomp of the Catholic ritual, with incense burning and
tapers alight, impressed the rude spectators with awe and
reverence for the Supreme Being to whom such tributes
were paid. Then the Abbey lands were well tilled, no
rude violence was displayed by the monks towards their
tenants, and repaid with the assassin's bullet. They were
LIFE OF LORD CHANCELLOR ARCHBISHOP LOFTUS. 273
Christian churchmen, devoted to their creed, having no CHAP.
XIX
families to enrich, no temporal dignity to sustain, at the
expense of their vassals. When not employed in prayer
and confessional, they visited the sick, gave alms to the
poor, illuminated manuscripts with artistic skill, copied
the Holy Scriptures, and preserved for posterity those
works of Pagan erudition popularly called classical
literature.
In the days of Henry VITI. learning and sanctity was
of 110 avail when hid beneath the cowl of the monk or
the veil of the nun. Irish Abbots and Priors, dismayed
by the ruthless measures taken to suppress the Abbeys in
England, yielded to force what they were powerless to
protect. Walter Handcocke, the last Prior of All Hallows, Prior sur-
made formal surrender of the House on November 16, J^King0
1538, and the Priory, with all its endowments, was granted AH Hal-
to the Corporation of Dublin. The buildings, tenaiitless lor™ted to
and uncared for, soon became mere ruins, affording a pre- the Cor-
c; i rious shelter for cattle grazing upon Hoggin Green ; and po'
this was the site selected by Archbishop Loftus for the
Dublin University.
Having proceeded so far, the Chancellor-Archbishop's Chancellor
. . „ -p. , ,. . ,, addresses
next step was to interest the citizens 01 Dublin m tne the Cor-
completion of his project. He caused a meeting to be ,,
ot Dublin.
convened at the Tholsel, and addressed the Mayor, Citi-
zens, and Common Council, in a speech in which he detailed
his plans, stating the Queen's earnest wish to found a
University in Dublin, and the result was most satisfactory.
The mayor and corporation complied with his request to Hi? suc-
grant the proposed site, and labourers were forthwith
emplo}red in clearing the place for the University building.
Henry Ussher, Archdeacon of Dublin,1 Math Lucas Chal- Deputa-
loner, were sent by Loftus to the Queen to petition for a Queeru
charter. This prayer, with a readiness which ought to charter
serve as a precedent in modern times, was at once granted ; ™l >y,
and, by a warrant of December 29, 1591, a license was
1 Ussher was afterwards Aivhl>ishop of Armagh and Primate of all Ireland.
Uncle to the celebrated . fauns Ussher.
VOL. I. T
274
EEIGN OF QUEEN ELIZABETH.
CHAP.
XIX.
The Chan-
cellor first
Provost.
Letter
from the
Lord
Deputy.
The Act
of Uni-
formity in
England.
Smuggled
through
the Irish
Parlia-
ment.
ordered to pass the Seals for the grant of the Abbey and
the foundation of the college. The charter was dated the
following year.1
By this charter, Adam Loftus, Doctor of Divinity, Arch-
bishop of Dublin, aud Lord Chancellor of Ireland, was
named first Provost of the College of the Holy and Un-
divided Trinity, founded by Queen Elizabeth, near Dublin.
The monopolising spirit which preserved the principal
emoluments of the College exclusively to Protestants for
several hundred years, was not the intention of the origi-
nal founders. When the Lord Deputy (Fitz William)2
addressed the gentry of Ireland for the purpose of raising
funds for building halls and other necessary expenses of
the institution, he applied to all, irrespective of creed, and
besought ' any contribution, whether in money, lands, or
anie other chattels, whereby their benevolence may be
shewed to the putting forward of so notable and excellent
a purpose as this Avill prove to the benefit of the whole
countrey, whereby knowledge, learning, and civilitie may
be increased to the banishing of barbarisnie, tumults, and
disordered lyving from among them, whereby their
children, and children's children, especially those that be
poore (as it were in an orphant's hospital freely) rnaie have
their learning and education given them with much more
ease and lesser charges than in other Universities they
can obtain it.* True that, in the Act of Uniformity, passed
in England the second year of the reign of Queen Elizabeth,
the Oath of Supremacy imposed on all who took degrees in
any University, would, if extended to Ireland, preclude
Roman Catholics taking degrees ; but this Act did not
extend to Ireland, and it was smuggled through the Irish
Parliament in the following manner. Mr. Stany hurst, of
Corduff, then Speaker of the Irish House of Commons,
being in the Protestant interest, privately assembled on a
tin ij ivhcn the House was not to sit, a few such members as
he knew to be favourers of that interest ; and, conse-
1 34 Eliz. A.D. 1592.
2 Heron's History of the University of Lublin, p. 21.
LIFE OF LORD CHANCELLOR ARCHBISHOP LOFTUS. 275
quently, in the absence of all those who, he believed, would CHAP.
have opposed it, carried the measure through the House. ^_ / *_^
But these absent members, having understood what passed
at that secret convention, did soon after, in a full and
regular meeting of Parliament, enter their protests against
it; upon which the Lord Lieutenant assured many of
them, in particular with protestations and ' oaths, that the
penalties of that Statute should never be inflicted,' which
they, too easily believing, suffered it to remain as it was.1
Notwithstanding the efforts of the Archbishop, and the The. Uni-
patronage of the Queen, the first few years of the Uni- ja
versity's existence were far from flourishing. Students mence-
were few, owing to the general ignorance of the English
language throughout the country, and the heads of the
College being strangers to the soil. The Fellows did not
pull well together ; and, owing to the disturbed state of
the kingdom the College lands, lying in remote districts,
proved very unproductive and unprofitable. This, how-
ever, was but of brief duration.
Having kept the high places and emoluments of the
fellowships and scholarships exclusively Protestant 2 for
about two centuries and a half, a declaration is now made
by the heads of the University, expressing their willing-
ness to abolish religious tests. It is thought this may
have the effect of preventing a Charter being sought for
by the Catholics of Ireland, who have been long in hopes
of obtaining one for the Catholic University.
1 Analecta Sacra, p. 431. O'Connell's Ireland and the Irish, p. 141.
2 The charter of King Charles I., however, removed any doubts as to the
institution being exclusively Protestant.
T 2
276
EEIGN OF QUEEN ELIZABETH.
CHAPTER XX.
CHAP.
XX.
Edmund
•Spenser a
Clerk in
Chancery.
Secretary
to the
Viceroy.
Defeat of
the Eng-
lish.
LIFE OF LORD CHANCELLOR ARCHBISHOP LOFTUS — CONCLUDED.
AT tliis period, filling the lucrative, but, I imagine, not
very congenial office of Clerk of Decrees and Recogni-
sances in the Court of Chancery of Ireland, was Edmund
Spenser, the poet. He had published, before leaving
London, an exquisite pastoral poem, which, won him the
friendship of a great and good man, Sir Philip Sidney.
Spenser was also known to Sir Philip's uncle, another
great but not good man, the Earl of Leicester, who be-
friended the poet ; and, when Lord Grey of Wilton, was
sent as Viceroy to Ireland, in 1580 (to shorten the wars by
an effectual prosecution), he made Spenser his Secretary,
on the recommendation of Lord Leicester. I suppose
then as now, the Secretary to the Lord Lieutenant had a
very considerable share in the Irish Administration. In
our days we have heard of Secretaries to the Viceroy who
were Viceroys over him ; and, it is probable, Leicester
imbued the new Secretary for Ireland with his notions of
'shortening the war' by extirpation, for that was the
project of pacification Spenser recommended.
The first essay in arms of the Viceroy was not fortunate
to the English. He imprudently entered the Wicklow
defile, known as Glemnalure,1 and, when encompassed by
hills, found to his cost that he was in the midst of enemies.
A volley of musketry threw his army into confusion, and
the O'Toole's and O'Byrne's, with the Eustaces of Baiting-
glass, and other disaffected Anglo-Irish, turned the con-
1 The river that flows through this vale, called by Spenser the ' baleful Oure,'
has been fully identified by my friend P. W. Joyce, Esq.. M.K.I.A., as the
Avonbeg, which, at its confluence with the Avonmore, forms the ' Meeting of
the Waters/ in the lovely vale of Ovoca.
LIFE OF LORD CHANCELLOR ARCHBISHOP LOFTUS. 277
fusion into a rout. Eight hundred killed, including several CHAP.
officers of rank, and the loss of baq-o-ao-e and other stores, ^ " \ ' ^
* o o o «
were the result of Lord Grey's rash expedition. Heavy
This ignominious defeat, which, it is said, was witnessed
bj Spenser, and is referred to by him in the fifth book of
the ' Faery Queen,' rankled in the breast of both Viceroy
and Secretary. The most vigorous measures were pressed
on against the natives, until, in the fearful words of the
Secretary, 'neither man, woman, nor child was spared.' The war
The fertile province of Minister presented a scene of ruin ^nation
and desolation. Famine followed the fiery track of war,
and Spenser, if he had any feelings of humanity, could
hardly congratulate himself upon the success of his share
in Irish administration.
On the attainder of the Earl of Desmond, his vast estates The estates
were divided amongst English adventurers. Raleigh had ?f Earl ?f
°_ " Desmond
an immense tract in Cork and Waterford ; Sir Arthur granted
Hyde a fair slice in the lovely Valley of the Munster aW4y'
Blackwater, in which Castle Hyde was long the residence
of his descendants ; but, through the process of the Landed
Estates' Court, has now passed into other hands ; l while
Spenser got three thousand acres, also in the County of
Cork, with the then picturesque Castle of Kilcolman, in Kilcolman
which he resided for some years. Here he spent his Castle-
time in poetic composition, and wrote also very merciless
* Views of the State of Ireland.' Occasionally his seclu-
sion was enlivened by the presence of friends. Sir Walter visited by
Raleigh visited him while at Kilcolman ; and it lends addi- EaleiSh-
tional interest to the portions of the castle yet standing,
owing to the fostering care of a valued friend,2 to think
these two great and gifted men here sojourned. Both
enjoyed the world's fame ; and their melancholy fate
teaches the impressive lesson, how fleeting are the joys of
this life. When the rebellion of the Earl of Tyrone broke
1 Castle Hyde. County Cork, is now the residence of John R. H. "W. Becher,
Esq., who married Lady Emily Hare, daughter of the late and sister of the
present Earl of Listowel.
z John Harold Barry, Esq., J.P., on whose estate Kilcolman stands.
278 REIGN OF QUEEN ELIZABETH.
CHAP, out, Spenser's Castle was set in flames, and he, with his
XX . .
wife and some of his children, barely escaped, while one
Spenser's perished in the conflagration. He died a few years after
in poverty in London. The end of Ealeigh was also
tragical — he perished on the scaffold.
The Chan- I now return from Spenser and Ealeigh to the more
accused prosaic Life of Lord Chancellor Loftus. Words, imputing
corrupt conduct, having been uttered against the Lord
Commis- Chancellor, a Commission issued to Robert Gardiner, Ser-
jeant- at-law, Chief Justice of the Chief Place, and Robert
Dillon, Chief Justice of the Common Bench, to inquire
into the matter, as the Chancellor determined to prosecute
and examine witnesses, ad perpetuam rei memoriam, on
behalf of Adam, Archbishop of Dublin and Chancellor.1
1 The following interrogatories were put : — ' Do you know Kellam Shrawley,
of London, skinner ? When did you hear him pronounce and declare any
infamous or slanderous speeches against the Archbishop of Dublin, either
touching his person or his behaviour in any judicial or other office he holdeth
or exfTciseth for Her Majesty ? If you did hear such infamous speeches,
then, when, where, upon what occasion, and who was present? '•
* Depositions taken on May 23, before the Commissioners set forth, John
Tyrrell deposes that about the 1st of August last, upon a conference had
between him and Kellam Shrawley, the latter stated ' that the Lord Chancellor
had offered him great injustice in staying one Richard Wilcocks, his man,
being bound to shipboard, because he would not deliver a bond wherein one
Reynoldes of Dublin, merchant, stood bound to Shrawley ;' to which deponent
answered, ' You say not well, for my Lord Chancellor is a good Justice.' Unto
which Shrawley replied, 'My Lord was unfit to be a Judge, and was a corrupt
and partial judge ; and, by reason of his alliance, none could hare justice there
but such as himself pleased, by reason of the marrying of his daughters ;'
and further said, ' What was he before he was Chancellor but a jack and a
knave, and, setting his Chancellorship aside, his man was as honest a man as
he; and that he would pr-efer a Bill to the Council in England showing his
injustice.' These words were spoken in London, at the shop door of deponent,
in Cheapside, at the sign of the Fox.
Mathew Handcock, of Dublin, merchant, stated he heard Shrawley affirm
' that by reason of my Lord Chancellor's alliance in Ireland, no Londoner
could have justice.'
Christopher Challoner deposes he heard Shrawley say ' the Lord Chancellor
of Ireland did offer to his man, Wilcocks, great injustice ; that he was a corrupt
Judge, and that his man was honester than the Chancellor, setting his authority
aside ; and that by bribes he did maintain his daughters in their bravery.'
And further, that by means of alliance, by marrying his daughters with gen-
LIFE OF LORD CHANCELLOR ARCHBISHOP LOFTUS. 279
How far Shrawley was able to justify liis attack upon
the judicial conduct of the Lord Chancellor does not
appear, but I fear the charge was not Avholly unfounded, Fresh
for he was soon in another scrape. The Queen wrote
-Flio OUGGH
to the Lord Deputy, 011 September 2, 1583, the follow- writes to
ing letter: — 'We have been informed, that our Chan-
cellor, in a variance between our servant Williams and
one Colclough, married to the Chancellor's daughter, upon
a supposed contempt in great extremitie and chollor,
comytted our servant to the Marshalsea, a noysom
place, repleat with sundry prisoners, and detained him
there by the space of twelve days, with comaundmeiit
that he should not goe abroad with his keeper, and that
at a time when the employment of his service for us was
thought to be most needful ; and in the end, our Chan-
cellor's allegations being heard before our Deputy and
Council, his witnesses examined, who could not prove any
one point, notwithstanding the Chancellor very earnestly
required the continuance of his imprisonment, and in his
own house, yea in open assemblies in our Courts of Record
of Exchequer and Chancery, and before our Deputy and
Council there, did not forbear to use him with hard
speeches and sondry disgraces. We do not a little mar- Lord Chan-
vayle that a man of the good justice, wisdom, and tern-
perence expected in a man supplying his place, should so
much forget himself, and so long, as to use our servant
and officer5 so severely, reproachfully, and unadvisedly:
to which abuses we, minding to give redress, and willing
to understand our officer's misdemeanor (as well yt con-
cerneth us to doe), our pleasure is, that you, our Deputy
and Council, shall receive the particulars of them from
our servant, and that the Chancellor shall directly and
tlpmen in Ireland, no Londoner could have justice at his hands; that he was a
corrupt man, and so he would prove him.
(Signed) ' R. GARDNER.
< ROBERT DILLON.'
— Morrin's Calendar Pat. and Close Rolls, Ir. vol. ii. p. 12 t.
1 Williams was Clerk of the Cheque and Muster .Master to the QUC.-HI.
280 EEIGN OF QUEEN ELIZABETH.
CHAP, particularly, under his own hand, thereunto make answer ;
and the truth of each, poiiite being by you duly examined,
The Chan- you shall again to us certify, unless our servant be in
answer. credit restored, and by our Chancellor theretofore satisfied.
And further, our pleasure is that our servant and officer
henceforth be better respected than to receive any such
disgrace, but rather to be supported in our service and all
his honest causes, a thing not impertinent for our better
service. Oatland, Sept. 20, 29°.' l
While these discreditable matters were casting odium
on the Chancellor of Ireland, a very upright Judge presided
over the same Court in England. This was Lord Chan-
cellor Bromley, of whom the noble and learned author of
the ' Lives of the Lord Chancellors of England ' says—
' Bromley is not celebrated as a great Jurist, or as one of
those who laid the foundation of our system of Equity ;
but while he held the Great Seal I find 110 trace of any
complaint against him as a Judge, either on the ground
of corruption, or usurpation or delay, and we may be sure if
there had been abuse there would not have been silence.' 2
I have now, with regret, to darken still more the
shadows which rest upon the life of Lord Chancellor
Loftus.
Case of The case of Dr. O'Hurley, Catholic Archbishop of Cashel,
Catholic ai *s peculiarly striking. He was one of the most distinguished
Arch- men of his time. Had been a professor of philosophy in
Cashel. Louvain,3 and subsequently filled the Chair of Canon Law
at Rheims. When in Rome he gained the esteem of the
Pope, Gregory XIII., who, in 1580, appointed him Arch-
bishop of Cashel. To a dignified appearance and deport-
ment he united mild unassuming manners. When, in
1583, persecution raged against the Irish Catholics, the
Archbishop of Cashel sought refuge in the house of a
friend, the Castle of Slane, County Meath.
It chanced, however, that one of the Judges, Robert
1 Pat. Roll, 30 Eliz.
2 Lord Campbell's Lives of the Chancellors, vol. ii. p. 122.
3 Rev. Dr. Moran's Archbishops of Dublin, p. 135.
LIFE OF LORD CHANCELLOR ARCHBISHOP LOFTUS. 281
Dillon,1 came on a visit to the Castle, and during dinner, CHAP,
at which a number of persons of the reformed creed -_^ ^_J .
were present, the conversation turned upon Papists, and
the most revolting charges were preferred against the
Catholic faith. The Archbishop, who was also at the
table, though wishing to retain his disguise, could not
listen to these absurd and untrue allegations without a
word in defence of his faith. He accordingly refuted the
charges, with so much grace, eloquence, and learning that
he filled the whole company with reverence and surprise.
The Judge at once suspected he was some eminent Catholic The Judge
priest, specially sent to this country to stay the progress of ^
the Reformation, and on his return to Dublin informed the
Lords Justices of the circumstance. Archbishop Lof'tus,
Lord Chancellor, and Sir Henry Wollop, then Lords Justices,
were at once on the alert. The culprit's arrest was inime- Arrest.
diately decided on, and a force was sent to Slane Castle to
effect that object ; but Archbishop O'Hurley fearing this,
sought safety by flight, and had gone to Carrick-ou-Suir,
He was followed and taken. When brought to Dublin he
was asked, ' Are you a priest?' He replied, ' I am, and an
Archbishop.' This was an admission of guilt in those days,
and he was conveyed to a loathsome prison, and kept in
chains until the following year, when he was again brought
before the Lords Justices. They sought, first by gentle The Arch-
means and persuasion, to induce him to subscribe to the f>lsljo? ?th
Oath of Supremacy, and renounce the spiritual supremacy
of the Pope ; they promised him, if he complied, not only
pardon for the past, but rewards for the future. Di\
O'Hurley replied, ' that no temporal reward would induce
him to give up the Catholic Church, the Yicar of Christ,
and the true faith.'
He was then fearfully tortured, his execution ordered, Tortured
and, lest there should be public excitement, he was led antd fxe"
forth in the early dawn to die. On Friday, May 6, 1584,
1 He is named in O'Sullivan's History, p. 124, Chancellor, but this is a
mistake; Robert Dillon, of Riverston, County "VVestmeath, was not Lord Chan-
cellor. He was Chief Justice of the Court of Common Picas.
282
REIGN OF QUEEN ELIZABETH.
CHAP.
XX..
Lord Chan-
cellor's
plan of
making
the Irish
Protes-
tants.
Fre-
quently
Lord
Justice.
Essex re-
buked by
the Queen.
Assistant
Councillor,
Obtains
numerous
manors.
he was hanged on Osmantown Green, and his remains in-
terred in the churchyard of St. Kevin.1
Lord Chancellor Loffcus showed a very persecuting spirit,
which was, unhappily, the prevailing sj>irit of this time.
Writing to Lord Burghley on the general decay of the
Protestant religion, he recommended putting the Ecclesi-
astical Commission in force, ' for this people are poor, and
fear to be fined ; if liberty be left to myself and such
Commissioners as are well affected in religion, to imprison
and fine all such as are obstinate and disobedient, and if
they persist, to send them into England for example's sake,
I have no doubt but, within a short time, they •will be re-
duced to good conformity.2
Between his duties as Judge in the Court of Chan-
cery, looking after his Archdiocese, making Protestants of
Papists, and attending to his family, Adam Loftus had
plenty to do. He frequently administered the Irish Go-
vernment as Lord Justice during the temporary absence
of the Viceroy. He held this important trust in 1597, and
again in. 1599, on the memorable occasion when the once-
favoured Earl of Essex left Ireland without leave, and
startled the Queen by presenting himself before her in
her dressing-chamber, before she had completed her toilet.
We know what a warm reception he got. At the .close of
the year, the Archbishop was named one of the Assistant
Councillors to the Lord President of Munster, and, in 1603,
had pardon of intrusion and alienation in reference to
numerous grants he acquired of the manors and estates of
liathfarnham, Ballintryer, Newtown, Stagonil, Timothan,
Old Court, Kilclogan, Wexford, Hooke, Painstown, Le
Naas, &c.3 The latter years of this Prelate were for the
most part spent in amassing riches by accumulating
estates. Fortunately for him, he was not required by the
Government, as in former years by the Chapter of St.
1 For a full account of this martyrdom, see ' History of Catholic Archbishops
of Dublin,' by Rev. Dr. Moran, vol. i. p. 135.
2 State Paper Office, Temp. Eliz.
3 Rot. in Cane. Hib.
LIFE OF LORD CHANCELLOR ARCHBISHOP LOFTUS, 283
Patrick's, to pledge himself ' not to ask for more.' His CHAP.
. . \x
cry was ever, ' Give ! give !
His daughters made great marriages. Anne, the second Lady
~ o /"* 1 1
daughter, married Sir Henry Colley, of Castle Carbury,
and from that union the late Marquis Wellesley and Arthur
Duke of Wellington have descended. But honours and
lordships, mitre and mace, were soon to lose their pos-
sessor. The three score years and ten, after which we are
told comes travail and sorrow, had been passed. The
Chancellor survived the Royal Lady who had shown him
such favour by two years, and the powers of life were draw-
ing to a close. He expired at the Palace of St. Sepulchre Death and
on April 5, 1605. His death took place forty-two years Ap1rfj(
after his consecration, the greater number of which were 16U5-
passed as Archbishop of Dublin. He was buried in St.
Patrick's Cathedral, at the right side of the monument of
his former associate in the office of Lord Justice, the Earl
of Cork.
In his time religious disputes and persecutions so His cha-
greatly occupied the time of public men, we have little to na^a^ l
relate of the Archbishop as a Chancellor. But from his cellor.
talents and capacity we may presume he did the business
of suitors with despatch, and, when unbiassed, with ability
and equity. The complaints made against him must, of
course, detract from his merit, but they do not appear to
have proved prejudicial, for, to the time of her death, he
retained the favour and confidence of his early patroness,
Queen Elizabeth.
The proceedings of the Court of Chancery in Ireland Decrees of
were now assuming something of arrangement. The from^t7
Decrees of the Court preserved, commence in the 24th Hen-
Henry VIII. There is a chasm in the series, from 1643 to
1655, when the business of the Court of Chancery, as well
as of the other Courts of Justice in Ireland, was suspended
by the unhappy civil war then prevailing. Thence, until
the Eestoratioii of King Charles II., there are rolls of the
Decrees and Adjudications of the Commissioners for the
administration of justice in Ireland.
284
REIGN OF QUEEN ELIZABETH.
Decrees
respecting
Acts of
Settle-
ment.
Duties of
Master of
the Eolls,
tern pore
Queen
Elizabeth.
To sit in
Chancery.
Custody of
the Rolls.
Appoint-
ment of
Edward
Fitz-
Syraon,
Esq.,
Serjeant-
at-Law.
The Decrees of the Commissioners appointed for exe-
cuting- the Acts of Settlement and Explanation are
separately preserved, in verj good condition. As some
notice of the duties of the Master of the Rolls may be
interesting- to legal readers, I give an account of them, also
specimens of the Practice and Pleadings in Chancery, de-
positions, and the encouragement for English barristers to
practise in Ireland, which are curious and worth preserving ;
they serve to display the state of the legal profession in
Ireland during the days of Queen Elizabeth.
The duties of the Master of the Eolls in Queen Eliza-
beth's time were disclosed by a warrant appointing Edward
Fitz Synion Master of the Eolls. It runs thus, ' Whereas
Nicholas White, Master of the Eolls, is, for abusing and
non-using of his office, sequestrated to do therein until
our gracious pleasure be known to the contrary ; and for
that there is none in the mean time to sit in our High
Court of Chancery, to hear, decide, order and determine
causes between party and party, and otherwise to continue
that Court as hath been accustomed, and to have the
keeping and custody of the Eolls, records, files, books, and
other writings of the Court, whereby those that have need
of the sight of them may have recourse for copies, and
such like furtherance of their causes as to justice apper-
tains ; we have thought good, by the advice and consent of
our right trusty and well-beloved Counsellor, Sir Henry
Sidney, Knight of our Order of the Garter, Lord President
of our Marches of Wales, and Lord Deputy General of
Ireland, to give and grant, like as we do hereby give and
grant, full power and authority to our weU-beloved Edward
Fitz Syrnoii, Esq., our Serjeant-at-Law, not only to sit in
our High Court of Chancery, and there hear, decide, order,
decree, and determine such cause and causes as depend in
the said Court, or hereafter shall be brought in suit in the
said Court, and to do, execute, proceed, and set forth, all
and every other thing and things in the Court in as large
and ample a manner as the said Nicholas White, Master of
the Eolls, or any other before him in that office, might and
LIFE OF LORD CHANCELLOR ARCHBISHOP LOF1TS. 285
ought to have done in the said Court of Chancery, which CHAP,
perteyneth to the keeping of the Master of the Rolls' _XX:_
Office ; to have, hold, use, occupy, and exercise, the said Tenure.
office of setting, hearing, ordering, decreeing, and deter-
mining causes, as aforesaid, and the keeping of the rolls,
documents, records, files, books, writings, and other the
premises unto the said Edward, until our pleasure be
further known touching the said Master of the Eolls.
April 20, 20 of Elizabeth.' '
The Chancery practice seems to have been well settled at Chancery
this time. In a suit in which William Birt, of Drogheda, pracnce'
O
was plaintiff, and Patrick Bathe, of Euthleigh, county
Meath, defendant, the pleadings are much as in our time.2
1 Morrin's Calendar Pat. and Close Rolls Chan. Ir. vol. ii. p. 269.
2 The Bill stated plaintiff's title to certain lands, and prayed to be con-
tinued in quiet possession, which he alleged he Could not enjoy without insti- Equity
tuting a suit at Common Law for each disturbance and trespass, where he PieacimSs»
stated he could not have an indifferent trial, in consequence of the great
alliance, friendship, and connection of the defendant in the country. The
defendant's answer denied the plaintiff's statement of title. The plaintiff re-
plied. The defendant rejoined. The plaintiff sur- replied. Issue being joined,
a Commission was directed to examine witnesses, and the cause coining on for
hearing, it was adjudged and decreed by the Lord Chancellor and Court that
the suit shall be dismissed; that the defendant and his heirs shall have the Decretal
pasture in controversy until the plaintiff shall recover same by order of the °r
Court or by the course of the Common Law; and that the defendant shall have
his costs against the plaintiff, in consequence of the wrongful vexation of the
plaintiff, 51. Given at Her Majesty's Castle of Dublin, November 20, 1593.
Ad. DUBLIN, CANC.
—Morrin's Calendar Patent and Close Roll* in Chancery, Jr., vol. ii. p. 330.
The technicality and clearness of reasoning of Counsel is well shown in the
following: — CormackMacCartie complained in Her Majesty's Court of Chancery
that he was to be impeached by colour of an office (inquisition) taken before Cause
the Bishop of Cork, and William Saxey, Chief Justice of the province of a£H1.nst
Munster, at Cork, on the 20th of November, in the 3"th year of her Majesty's ?ndln? on
reign, whereby it was presented that King Edward III. gave and granted to 1"'
John Lombard and his heirs the Castle of Guynes, near Cloghroe, with other
lands of which those in the possession of the said Cormack were said to be
parcel ; to which office the Counsel of Cormack objected divers imperfections
and objections of insufficiency: first, for in the title and style of the office,
•which was part of the substance and essential part of the office, it was
said that the Bishop of Cork, and Saxey, Chief Justice, did inquire (as
by inquisition appeareth) ' by virtue of the writ of the Lady the Queen,'
whereas no writ ought to have been directed, but to such as were officers,
sheriffs, escheaters, or coroners, and not to any Judge— authority being pro- Authority
perly given to Judges, not by writ but by Commission ;— also the thine- annexed °f Judges.
286
REIGN OF QUEEN ELIZABETH.
Induce-
ments for
English
barristers
to practise
in Ireland.
Common-
law Judges
called to
assist the
Chan-
cellor.
Inquisi-
tion void.
Interro-
gatories.
Strong inducements were held out to entice English
lawyers to settle in Ireland. Ralfe Rookby was directed
to the inquisition not being a writ but a Commission, they took the inquisition
without authority, and so cor am nonjudice ; also if it had been intended as a
Commission, yet was it but to inquire in crociis et marchiis cancellarie DomiiKS
Scgine as well liberties as without, for the word ' ejusdem,' being a relative,
ought to have related to the last antecedent, and so be limited to inquire in
crociis et marchiis cancellarie, within which limits the county of Cork or the
land inquired of was not, and so void ; further, they did not name themselves
' Commissioners,' and they said that the writ was directed to them, whereas
the Commissioners showed it was directed to them 'and others ;' and the Com-
mission not being returnable, it was objected that the Commission came into
Court without warrant, not coming by certiorari or other means ; it was
further objected that the words 'pro salvo cust.ode ' were not words of con-
dition, but rather of consideration, and if they had been words of condition,
yet the seisin of King Edward III. not being found, or the seisin of Lombard,
the patentee, but rather the contrary, for it appeared by the inquisition that
the MacCarties were 'time out of mind' seized of the castle and lands, which
' time ont of mind,' being no other than time of prescription, the time of
prescription extending before the time of Edward VI., it \vas gathered that
they were, at the time of the patent, before and after, seized, and so could not
be impeached by the condition, if it had been a condition ; all which being
moved by the counsel of Cormack, and a day being given to consider the
exceptions, and all parties being called into Chancery on a day prefixed, before
Sir Eobert Gardiner, Chief Justice of the Bench ; Sir Eobert Dillon, Chief
Justice of the Common Pleas ; Sir Robert Napper, Chief Baron of the Ex-
chequer, being called on to assist the Chancellor and Court, and the matter
being fully debated, and the argument of all parties heard and considered, it
was resolved by the Court that the office (inquisition) was imperfect and
insufficient to entitle Her Majesty to the lands comprised therein ; and it was
therefore ordered by the Lord Chancellor that the inquisition and Commission
should be considered void, frustrate, and to no effect. Given at Her Majesty's
Castle of Dublin, May 24, 1596, and in the 38th year of Her Majesty's reign.
(Signed) A. DUBLIN, CANC.
— Morrin's Calendar Patent and Close Rolls in Chancery, Ir., vol. ii. p. 381.
As a specimen of the pleadings of the period, I give the following: — The
charter of the guild of St. James the Apostle (Cork) having the seal broken,
interrogatories were directed touching the said charter : viz., Whether the
charter produced in Chancery, enclosed in a box, with the seal detached, had
ever been properly scaled ? What quantity of the seal had been seen upon
the label of the charter? How was the seal broken ; and at what time?
Depositions of witnesses taken in Chancery in reply to the above interroga-
tories, on November 28, 1565 : —
Denis Neile states 'that he saw the charter sealed with the Great Seal; the
same year that Mr. Tirrell was married to Margaret Fitz Symon, one Walter
Browne was Master, and havirg the box, wherein the charter was enclosed, in
a woman's house by the cuckold's post, he and deponent went into the house,
and calling for the box, Walter said that the woman had taken some of the
droppings of the " pricketts " that remained in the box, and the woman with
LIFE OF LORD CHANCELLOR AIIClI IIISHOP LOF1TS. 287
by a clause in a letter of Queen Elizabeth, 011 Patent Roll CHAP.
of the twelfth of her reign, ' to have one month's enter- >_L_^_
taimnent, to commence from his arrival in Ireland ; and
an allowance for his residence to practice his profession of
the law.' He accepted the offer and was soon provided
with a place. The Queen sent over Sir Edward Fittoii Sir
"U1 1 3
(ancestor of Sir Alexander Fitton, Lord GaAvsworth, Lord
Chancellor of Ireland in 1689), to be Lord President of
Connaught, at a salary of 133?. 6s. 8d. a=year, and Ralfe
Rookby was nominated Chief-Justice of that province.
The salary was modest for a Chief- Justice— 1 00?. a-year — justice.
and as no doubt Irish customs and practices were un- His as-
knowii to Chief-Justice Rockby, the Lord-Deputy was
directed to select a suitable man of Ireland, learned in
the laws, and with a knowledge of the Irish tongue, to be
assistant to the said Justice. If he was not so assisted,
I can well imagine the perplexity of the lately-arrived
Judge when called on to decide whether lands were rightty
subject to 'coin and livery, toll, cuttings, reliefs, refections,
kernitie, cosherie, cuddy, gellatynny, gillection,' and other Irish
Irish exactions. exactions.
Some extracts from a will of the time of Queen Eliza- A will of
beth must close my legal specimens of this reign : — ' \Vil-
liain Nathaniel Dillon, of Dublin, gentleman. He be-
queathes his soul unto the hands of Almighty God, his
maker, and to his Sonne, Jesus Christ, his Saviour and
Redeemer) and to all the glorious company e of Saynts in
Heaven, and his body to be buried in Christ's Church, or
any other place where God and his executors should think
good.' He then proceeds to dispose of his property, and
does not forget the needy. ' To four poor houses in Dub-
lin, 20s., equally to be delivered, and out of those poor-
houses, six men and six women to have gowns of frieze
and their dinner at his funeral. To Alice, his wife, the
profits of all his leases and lands during the minority of
her hand striking the charter. sii).p<.yii <r it In liav.- bn n a bonk, broke the seal
with such violence that part of it ik\v inu> dri'diml"* bosom.' — A
( '/'' ndar, vol. i. p. 491.
288 REIGN OF QUEEN ELIZABETH.
CHAP, his children, his basin and ewer of silver, parcel gilte, his
_l^__x nest of timnes, and great salt silver double gilte, and the
rest of his plate, as jewels not already disposed of. To
Patrick Fox a satin doublet, a pair of velvet hose, his best
cloke, faste with velvet and a mourning cloke. To every
of his men a mourning cloke. March 15, according to the
computation of the Church of England, 1593, 36th of
Elizabeth.' 1
1 Morrin's Calendar Pat. and Close Rolls Chancery, Ireland, vol. ii. p. 620.
SIR WILLIAM GERARD, LORD CHANCELLOR. 289
CHAPTEE XXI.
LIFE OP SIR WILLIAM GERARD, LORD CHANCELLOR OF IRELAXD.
SIR WILLIAM GERARD, Dean of St. Patrick's, Dublin, CHAP,
received the Great Seal of Ireland in the year 15 76.' The ^_" T '..
Gerards are very distinguished in legal annals. Lord William
*/ o .-, *
Chancellor Gerard was grandson of William Gerard, of -^^
Ince, in Lancashire, sprung from the same family as the Chan-
Gerards of Bryii, who claim a common ancestry with the The f' mij .
Dukes of Leinster, in Ireland, and the Earls of Plymouth, of Gerard."
in England. The Gerards of Bryii are now represented
by Sir Eobert T. Gerard, Bart., of Gars wood Hall, War-
riugton. His family have always remained steadfast to
the Catholic faith, while the ancestors of the Chancellor
embraced the reformed creed. William, the future Chan- Parentage.
cellor of Ireland, was son of James Gerard and Margaret,
daughter of John Holcroft, of Holcroft. Like Chancellor His
Weston, he had a brother on the English Bench, Sir Gil- j^lteT of
bert Gerard, Master of the Eolls ; 2 thus it not unfre- the Eolls
quently appears that several members of the same family
occupied seats on the bench of England and Ireland con-
temporaneously. It is most probable that the zeal which Zeal in the
Gilbert Gerard displayed in support of Princess Elizabeth,3
caused her, when Queen, to lose no opportunity of advanc-
ing such members of his family as displayed capacity for
business. William Gerard arrived in Ireland on June 16, LOT(J
1576, as Dean of St. Patrick's and Lord Chancellor. His Ch™-
cellor 01
Ireland.
1 Masons St. Patrick's Cathedral, p. 172.
'* Fuss's Judges of England, vol. r. p. 491.
3 In the time of Queen Mary, when the Princess Elizabeth was questioned
at the Council table, Gilbert Gerard was permitted to plead there on her
behalf, and performed his part so well as that he suffered imprisonment for
the same in the Tower. — Dugdale, Baron, vol. ii. p. 417-
VOL. I. U
290 REIGN OF QUEEN ELIZABETH.
CHAP, first measure was not likely to make him popular ; he was
speedily engaged in litigation with the Lords of the Pale,
Asserts who maintained they ought not to be assessed to pay
1 ,-. j v •*- v
right^o.611 taxes by proclamation of the Council, but by Act of Par-
raise taxes, liament, according to the custom and constitution. The
Chancellor asserted the Eoyal prerogative, contending the
demand made for cess was a branch of such right of the
Queen, and had been exercised since the time of Edward
III. ; that necessity and self-preservation required it.
The Lords of the Pale were not contented with this rea-
soning, but laid the case before her Majesty, and sent a
deputation of three lawyers to London to support their
cause. A voluminous memorial was presented by this
Deputa- deputation, signed by the chief Lords and gentlemen of
the Pale, in the name of all the inhabitants. The Queen
referred the matter to her Privy Council ; and, after due
discussion, her characteristic decision was, ' that the im-
post originated in times beyond the memory of man, and
Her Ma- of course ought not to have been questioned.' Then, as a
"IPStV 1171"
prisons the punishment for the petitioners resisting the Eoyal prero-
deputa- gative, she sent the agents, first to the Fleet Prison and
afterwards to the Tower ; and ordered the Lord Deputy
Also the ^o (jo ^g same with the petitioners in Ireland, who were
petitioners.
accordingly committed to the Castle of Dublin. On find-
ing how little their opposition availed against the impe-
rious will of Queen Elizabeth, they were only too glad to
compound for their liberty by paying the tax.1
The Chancellor was soon impressed with the difficulty
of governing a country where jealousy and the desire to
lower individuals of mark in the public esteem was so
Chancellor common. In September, 1577, he was sent to London by
England. Lord-Deputy Sidney and the Council of Ireland, to answer
accusations preferred against the Deputy and his adminis-
tration. During his absence, Ex-Chancellor Loftus held
The Queen the Seal. Gerard's mission was completely successful. The
Queen highly approved of the course taken, and in her
celior. letter to the Viceroy she speaks in high terms of Lord
1 Cox, vol. i. p. 319. Holinshed's Chronicle, vol. vi. p. 589.
SIR WILLIAM GERARD, LORD CHANCELLOR. 201
Chancellor Gerard, gave him liberty to export yarn,1 and CHAP.
requested the Deputy, Sir Henry Sidney, not to leave the ^ \ ' _^
Government until his arrival.
Shortly after the Chancellor's return, Sir Henry Sidney
took shipping at the Wood Quay, Dublin, delivering the
Sword of State to the Chancellor, with whom it remained
until transferred to Sir William Drury, Lord President Sir wil-
of Minister, whom he swore into office as Lord Justice.2 Lord Jus-
Sir William Drury had but a short tenure of office. tlco-
Through zeal for the Queen's service he undertook more
labour than his constitution could endure. In order to
set good example, he underwent privations unknown to
Viceroys — such as living in camp like a private soldier —
and, no wonder, his health gave way. In the Autumn of Illness of
1570, he was taken very sick at Waterford ; and, feeling j^^
his death near, he sent for Lord Chancellor Gerard and Drury.
Lady Thane, his wife, who attended him at Waterford. iS'encls for
J ' the Chan-
He was perfectly conscious, and having given full instruc- cellor and
tions to the Lord Chancellor respecting the Government, Wlte'
he tried to console his wife, so soon to be a widow. In Death of
two days after her arrival death parted them. His body nam.
was embalmed, brought to Dublin, where it lay in state
several days, and was interred by the Queen's command in
St. Patrick's Cathedral. A monument was erected, but
faithless to its charge, is no longer traceable.3
To Drury succeeded Sir William Pelham, who, on re- Pel ham
TIT
ceiving the Sword of State as Lord Justice, in the presence °
chamber of the Castle, made the first use of it by confer- The Chan-
rin<2r knighthood on the Chancellor. This was done in ncel-lo,r
^ ° . . . knighted.
consideration of his good services, in causes of the Council
table, and in token of Her Majesty's approbation of the
same.4 It was also decided that the Lord Chancellor
should pass into England, with letters of advertisement to
Her Majesty and Council of the State of Ireland, and the
proceedings taken by the Lord Justice against the rebels.
1 Chancellors still, sometimes, deal in yarns. - Cox, vol. i. p. 353.
3 Mason's History of St. Patrick's Cathedral, p. 1"3.
4 Holinshed's Chronicle, vol. vi. p. 421.
u 2
292
REIGN OF QUEEN ELIZABETH.
CHAP.
XXI.
Commis-
sion.
Ordered
rest.
Chancellor
returns to
England.
Dies in
15S1.
Officials
not to be
changed.
Sir William Gerard was also instructed to utter by speech
what was to be advertised and answered upon Her Ma-
jesty's demands and Councils.
In 1580, the Lord Chancellor was called on to take his
share in the troublesome work of settling the disputes on
the subject of religion. He was appointed Commissioner
for Ecclesiastical Cases in Ireland ; and the labour and
anxiety he suffered in endeavouring to reconcile con-
flicting claims soon severely told upon his health. Having
had a medical opinion to the effect that he needed both
change of scene and rest from his heavy judicial labours,
he reported the advice of his physicians to England, and
had promptly the Queen's letter of license for leaving
Ireland, dated August 8. He accordingly returned to
England, and hoped his native air would restore him ; but
it was not possible to avert the final blow. Sir William
Gerard died at Chester in the Spring of 1581 ; and, on
May 1, he was buried in St. Werburgh's Church, in that
ancient city.1
An important improvement was effected about this
time, which shows that the Queen exercised considerable
watchfulness over Irish State officials. Writing from the
Manor of Eichmond on March 11, 1582, to the Lords
Justices, Archbishop Loftus and Sir Henry Wallop, she
forbids the removal of any public officer on the occasion
of the change or alteration of the Chief Governor ; ' for
it had been found that they abused their offices by making
private gain for the time, without respect to the due dis-
charge of these places, expecting every day to be removed.'2
She especially forbids the removal of the following offi-
cials— Nathaniel Dillon, Clerk of the Council; Thomas
Masterson, Constable of Ferns ; Thomas Plunkett, Searcher
and Comptroller of Dublin and Drogheda ; Richard Col-
man, Chief Remembrancer of the Exchequer ; and Thomas
Browne, Keeper of the Gaol in the Castle of Trim.
The Viceroys held office for a short time on an average.
1 Mason's History of St. Patrick's Cathedral, p. 174.
2 Morrin's Calendar Pat. and Close Rolls Chan. Ir. vol. ii. p. 39.
STATE AND LAW OFFICERS IN IRELAND. 293
In the few years following the invasion of Strongbow, CHAP.
between 1172 and 1200, Ireland had no fewer than seven-
teen Chief Governors. In the thirteenth century, they Number of
numbered forty-six', in the fourteenth, ninety -three; in
the fifteenth eighty-jive ; in the sixteenth, seventy-six ; in
the seventeenth, seventy-nine ; in the eighteenth, ninety-
four.
While such a constant succession of Chief Governors
continued, there could be little sympathy between the Go-
vernors and the governed. The former had no time to
become acquainted with the people over whom they ruled ;
and, taking their views of the country from those who
were their official coadjutors^, often antagonistic in race,
in creed, and political action to the Irish, were naturally
biassed by them. Thus the Viceroy was often beset by
todies and sycophants, who, like Mr. Isaac Cony,
* thanked God they had a country to sell.' Then some-
times the officials were counteracted by each other ; and,
in our own time, a Viceroy, Chancellor, and Attorney-
General were said to have been opposed in political action
to the Chief and Under- Secretary, and Law Adviser.
Law officers appear to have been treated with great
consideration by Queen Elizabeth. In a letter to Sir
Henry Sidney, Lord Deputy, in 1578, she nominates
Thomas Snag, Attorney- General for Ireland, Her Majesty Attorney-
observing ' that the public service had been not a little General-
hindered through the default and insufficiency of the
officers of the law previously appointed ; for redress where-
of Her Majesty thought that a person well-chosen in
Eno-land, might be sent over to exercise the office of
D ' O
Attorney- G eneral ; and, therefore, she made choice of
Snag, being sufficiently persuaded of his learning and
judgment in the law, wherein he had been a long practiser
as a Counsellor, and grants him an extraordinary pension
of 100Z. year, in addition to the official fees incident to his
office, and wages of two horsemen, and their footmen, ac-
cording to the ordinary entertainment ; and, for as much
as for an infirmity taken by an extreme cold, he hath once
294
REIGN OE QUEEN ELIZABETH.
CHAP.
XXI.
Solicitor-
General.
Court of
Chancery
during the
reign of
Queen
Elizabeth.
in the year used his body to the baynes (baths) in England,
the continuance whereof was requisite to his health, Her
Majesty requests he shall have license to repair to Eng-
land once a year, for six weeks, at such time of vacation
as may best agree with his cure, and be least hind-
rance to the public service.' — Oteland, September 13, 19th
Eliz.1
The office of Solicitor-General, also claimed attention. —
The Lords of the Council in England wrote to Sir John
Perrott, Lord Deputy, relating to the appointment of Roger
Wilbraham to the office of Solicitor- General, and inform-
ing him that, ' as the fee appointed for that place was very
inadequate to answer the charge incident thereof, and,
seeing that Her Majesty, by reason of other great charges
that she was at, could not be induced to increase or supply
the same out of her own coffers, they thought it proper
earnestly to pray and require his Lordship to give order
that the Solicitor should have the allowance of four dead
pays, out of such bands as could most conveniently spare
it, whereof we eftsone require you that there be no default ;
and so we bid you heartily farewell. Postscript. — Our
meaning is, that the said Master Solicitor's entertainment
should be made as good as that of the Attorney-General
there, either by dead pays or otherwise, as hath been
ordered for the Attorney.'2 — Greenwich, February 12,
1585.3
The best idea of the judicial labours which the various
Chancellors of Ireland were called upon to discharge in
the Court of Chancery during the reign of Queen Eliza-
beth, may be found from examining the decrees of the
Court. There are no less than 780 decrees enrolled : and,
1 Morrin's Calendar Pat. and Close Rolls Chan. Ir. vol. ii. p. 11.
2 Ibid. p. 108.
3 There was a difference between the allowance to the Attorney-General and
Solicitor-General in England at this period. The former receiving a fee of
611., with 201. as a Justice of Assize; the latter having a fee of 501. It is
strange to find the Attorney- General entitled to an allowance as Judge of
Assize. In Ireland he could not be thus employed because he directs all
criminal prosecutions.
STATE AND LAW OFFICERS IN IRELAND. 295
when we bear in mind that many of these causes took CHAP,
several days to hear, what with motions, arguments, and -_" "t.-'_^
adjournments, we find the Chancellors had no sinecure.
I have already given specimens of pleadings, so shall not
occupy the reader further on this point.
29G EEIGN OF QUEEN ELIZABETH.
CHAPTER XXII.
LIFE OF THOMAS JONES, ARCHBISHOP OF DUBLIN AND LORD
CHANCELLOR OF IRELAND.
CHAP. THIS eminent individual was a native of Lancashire,
younger son of Henry Jones, Esq., of Middleton, in that
Thomas county, whose elder son, Sir Roger1 Jones, Alderman of
Chan- London, was knighted at Whitehall. Thomas, whose
ceilor. career I am about to trace, was born about the year 1550.
11 y> He received an excellent education, which was completed
Master of at Christchurch College, Cambridge, where he graduated
Cam-°f as Master of Arts. He was destined for the Church ; and,
bridge. when he received holy orders, he made his way to Ireland,
Married in where he married Margaret, daughter of Adam Purdon,
Esq., of Lurgan Race, in the county of Louth, widow of
John Douglas. This was a judicious choice, for Mrs. Jones
was sister to the wife of Archbishop Loftus, and that dis-
penser of patronage soon held forth no empty hand to his
sister-in-law's husband.
The first preferment of the Rev. Thomas Jones was
Chancellor the Chancellorship of St. Patrick's Cathedral. He sub-
of St P™ sequently was elected Dean in 1581, and combined with
trick's. his chapter to make some of those disgraceful demises of
the property of the Church (as of the Manor of Coolmine for
eighty-one years to Mr. Allen, of Allenscourt), which Dean
Swift has so severely censured.2
1 There seems some doubt as to the name. Lodge's ' Peerages of Ireland '
states it Eoger, and so do other works, but I think Sir Bernard Burke gives
the correct one.
2 The endorsement on the original lease by Deau Swift is as follows: — ' A
lease of Colemine made by that rascal Dean Jones, and the knaves or fools of
his Chapter, to one John Allen, for eighty-one years, to commence at the ex-
piration of a lease for eighty-one years, made in 1585; so that there was a
ARCHBISHOP JONES, LORD CHANCELLOR. 297
The merits of Dean Jones for a mitre were soon made CHAP.
apparent to Queen Elizabeth. He was recommended as >_'. ', __ L-*
a person well qualified for a bishopric by his learning, Recom-
wisdom, and other virtuous qualities. This led to his a mitre.
appointment to the See of Meath in 1584, when the Queen Bishop of
wrote from Westminster to the Lords Justices to make ML':lt1ll.'o,
A.D. lOo-i.
out such writings for his election and consecration ; also
for the restitution of the temporalities of Meath Diocese
as were necessary.
On May 12, in that year, he was consecrated in St. A Privy
Patrick's Church, and, shortly after, called to be of the ior-
Privy Council. This was done by Sir John Perrot, Lord
Deputy, at the special instance of the Queen.
When the venerable Archbishop Loftus departed this Jamos L,
life in 1605, King James I. of England pronounced em- "
phatically in favour of Doctor Jones for the vacant mitre
of the Metropolitan : ' Whereas, since the death of the
late Archbishop, we have given an order for the supply of
that See, because of same being a place so eminent within
that kingdom ; we took time to advise of a meet person for
it; we have since, upon conference with divers of our
Council, found none more fit for the present time than the
Bishop of Meath, in regard of his long experience in that
kingdom, both in the ecclesiastical state as Bishop, and in
the civil affairs as a Chancellor,1 wherefore we have made
choice of him, and we are further pleased that he shall Arch-
hold in commendam a prebend, which now he hath in 3^1^ °f
possession, which he will nominate unto you.' He ac-
cordingly held the prebendary of Castleknock, and the
rectory of Trim, in conjunction with the Archdiocese of
Dublin. In the same year, 1605, he was appointed Lord Lord
Chancellor of Ireland. cl.1.a"-
cellor.
lease for 161 years of 253 acres, -within three miles of Dublin, for 21. per
annum, now worth, 150^.' Vide also D'Altou's Lives of the Archbishops of
Dublin, p. 251.
1 As I find no patent for his appointment before 1605, I presume the King
here refers to his experience as a Commissioner in Chancery and Keeper of
the Great Seal, which had been made to him and others on the death of Lord
Chancellor Loftus.
298
EEIGN OF JAMES I.
CHAP.
XXII.
Council of
Prelates,
A.D. 1611.
Lord
Deputy.
Opens Par-
liament.
State pro-
cessiou.
Lord
Chan-
cellor's
speech.
At this period King James I. was endeavouring to bring
Ireland into complete subjection by his favourite scheme,
the Plantation of Ulster. He also did a great deal to
forward the then rising University of Dublin, and was
solicitous to allow Irish law-students the great advantages
of legal education in Ireland.
In 1611 Jones, with the other Archbishops and Bishops
of the Protestant Church, held a Council in Dublin for
the regulation of their dioceses, ' to prevent sectarianism
and to extirpate Popery.' The following year he attended
the opening of Parliament, which assembled in great state,
there. Then was the Lord Deputy with his Peers and
magnates in their robes — the Prelates in their lawn, Barry
Viscount Buttevant bearing the Sword of State — and the
Earl of Thoinond, with the Cap of Maintenance. The Lord
Deputy on horseback, in a rich robe of purple velvet, a
present from the King, and the cortege attended by guards,
and trumpeters, proceeded in state from the Castle of
Dublin to the Cathedral of St. Patrick's, where divine
service was celebrated, and a sermon preached by the
Eight Eev. Christopher Hampton, D.D., Archbishop of
Armagh and Primate of all Ireland.
o
Such of the Peers as adhered to the Catholic faith,
although they paid the Lord Deputy the compliment of
attending: him to the church door, remained outside
o '
during the service, and, on the Lord Deputy and the
other state officials reappearing, took their places in the
procession and returned to the Castle. On arriving at the
Castle they all assembled in the Parliament House, where
the Viceroy presided in a chair of state. The Lord
Chancellor and other Peers, spiritual and temporal, having
taken their seats, according to their degree, the Lord
Chancellor made a grave and worthy speech concerning
manv great and important causes of estate there to be
debated upon for the good of the kingdom and for the
commonworth thereof.1
1 The ceremony of opening Parliament in Dublin was a very imposing one.
Soldiers lined the streets, an escort of cavalry attended the Viceregal cortege,
ARCHBISHOP JONES, LORI) CHANCELLOR.
299
Tlie Parliamentary history of Ireland may be said to
date from the time of Lord Chancellor Jones, in the reign.
bands played, and trumpets sounded. On reaching the Parliament House
the Viceroy repaired to his robing-room, put on royal robes, and, attended by
two Earls, one bearing the sword of state, the other the cap of maintenance,
and three noblemen's sons acting as train-bearers, he proceeded to the House
of Lords, when, after a bow to the vacant throne, he took his seat in a chair
of state beneath the canopy. Until the Viceroy was seated, the peers,
spiritual and temporal, stood in their robes uncovered ; on his being seated,
they also took their seats.
The mode of giving the Royal Assent to Bills was thus : — The Lord Chan-
cellor, kneeling, conferred with the Viceroy, and then, standing on the right of
the chair of state, commanded the Usher of the Black Rod to acquaint the
House of Commons it was His Excellency's pleasure they should attend him
immediately in tho House of Lords. The Commons, headed by their Speaker,
having obeyed the summons, were conducted to the Bar, when the Speaker,
after a speech, read the titles of the Bills ready for the Royal Assent. The
Bills were then delivered, at the Bar, by the Speaker to the Clerk of the Par-
liament, who brought them to the table, when the Clerk of the Crown, having
read the titles, the Clerk of the Parliaments pronounced the Royal Assent
severally in these words: — In case of supplies or other Bills concerning
revenue — ' Le Roy remercie ses bous sujets, accepte leur benevolence et ainsi
le vent.' When the Bills were not money Bills, the words of assent were : ' Le
Koy le veut,' or, ' Soit fait comme il est desire.' His Excellency then withdrew
in the same state as he proceeded thither, and the Commons, having returned
to their House, the Lords unrobed, after which they adjourned.
Meetings between the Houses of Lords and Commons were thus arranged :
—When the Commons sought a conference, they sent their Usher to inform
the Lords, who, after finishing any business on which they were occupied, sent
for the Commons, who, on entering the House of Lords, stood at the lower end
of the chamber. The Lord Chancellor, with any other Peers who pleased, then
rose and went to the middle of the Bar, where the leader of the committee,
and his fellow members stood. Having bowed thrice, he delivered his message
to the Chancellor, who, thereon, returned to his place, and the Commons having
retired, he stated what the message was for their Lordships' consideration.
The matter being discussed and decision arrived at, the Lords sent for the
Commons, who, on re-entering, made their obeisances to the Peers, and the
answer of the Lords was given by the Lord Chancellor from his seat on the
Woolsack. The Usher of the Black Rod waited outside the Bar, and spoke
there when occasion required him. The Serjeant-at-Arms was also outside the
Bar, in an adjoining apartment, and entered only when summoned. None
were allowed to be present at debates in the House of Lords but sons of Peers,
and persons required to be in attendance under very severe penalties. At
conferences with the Commons, none but members of the committee were
allowed to speak, and when any matter that had been committed was reported,
the Lords of the Committee stood uncovered. Great care was taken to keep
the streets as free as possible from noise or obstruction during the sessions.
The constables and messengers of Parliament were ordered to prohibit hackncy-
coachmen from coming to the door of the House ; and the Lord Mayor, by
CHAP.
XXII.
Procedure
of the
Irish Par-
liament.
Royal
assent.
Confe-
rences be-
tween tho
Lords and
Commons.
Ushor of
the Black
Rod and
Serjeant-
at-Arms.
Debates in
the Lords.
Confer-
ence with
the Com-
mons.
300
EEIGN OF JAMES I.
CHAP.
XXII.
Parlia-
ments in
Ireland
during the
reign of
James I.
Ludicrous
scramble
for the
chair.
Offensive
Acts re-
pealed.
Natives of
Scotland.
Causes
under the
Irish Great
Seal.
Street re-
gulations.
of Jaines I. The Journals of the House of Commons
commence May 18, 1613. At that period a very violent
contest took place for the Speakership, the Catholic party
supported Sir John Everard with 101 votes ; the Protest-
ants, Sir John Davies, Attorney- General, with 125 votes.
There was a scuffle as to which was elected, and, it is said,
one honourable member sat upon the other in the chair.
Sir John Davies succeeded in retaining the seat. He
read a long speech to the Lord Deputy, and referred to
the Acts of former Irish Parliaments. He was supported
with all the Chancellor's influence. No Parliament had
been held for twenty seven-years before the 5th James I.
A number of old Statutes offensive to the Irish people
were repealed on this intelligible ground, ' That all the
natives and inhabitants of this kingdom, without differ-
ence and distinction, were taken with his Majesty's
gracious protection, and do now live under one law, as
dutiful subjects of our Sovereign Lord the King, by reason
whereof, a perfect agreement is and ought to be settled
between all his Majesty's subjects in this realm.'
The King had that watchful regard to the interests of
his own countrymen which, I think, forms one of the best
traits of Scottish character. I wish the Irish would imi-
tate them. Aii Act was repealed against bringing over
Scots, retaining them, and marrying with them. In Lord
Coke's Reports we find, in reference to Parliaments of
Ireland, the following resolution : — ' That the causes and
Acts transmitted hither, under the Great Seal of Ireland,
ought to be kept here in the Chancery of England, and
not to be remanded. Second, if they be affirmed, they
ought to be transcribed under the Great Seal, and returned
O 7
into Ireland ; and all that which passes the Great Seal
ought to be enrolled here in Chancery. Third, if the Acts
proclamation, forbade all drivers of carts, cars, and drays to pass, repass, or
go through the streets in front of the Houses from 1 1 A.M. to 5 P.M., during
the sitting of Parliament, in order to prevent stoppages and obstructions to
people resorting thither."
Desid. Curios. Hib. vol. i. p. 166.
ARCHBISHOP JONES, LORD CHANCELLOR. 301
sent over be in any part altered or changed here, the Acts CHAP,
so altered or changed ought forthwith to be returned ^_J \ '__.
under the Great Seal of England ; but the transcripts
under the Great Seal of Ireland, which remain in the
Chancery here, shall not be amended, but the amendment
shall be under the Great Seal of England, so as returned
into Ireland without any signification or certification of
their allowance by that in Ireland; so that the amend-
ments and alterations made here in England, and all the
Acts which are affirmed or altered, are returned under the
Great Seal of England.'
While the Great Lord Chief Justice of England was jf rcl ,
mindful of Ireland, his greater contemporary, Lord Chan- eulogy on
cellor Lord Bacon, was also considering how the position ^^at^
of the fertile yet impoverished land could be improved. Irish.
On New Year's day, 1606, Bacon presented to King
James I. ' A discourse touching the Plantation of Ireland,'
saying, ' I assure myself that England, Scotland, and
Ireland, well united, is such a trefoil ' as no Prince, except
yourself, who are the worthiest, weareth in his crown.' He
recommends liberality and kindness, and speaks with just
appreciation of the natural gifts of the soil and of the
people : — ' This desolate and neglected country is blessed
with almost all the dowries of nature — with rivers, havens,
woods, quarries, good soil, temperate climate, and a race
and generation of men, valiant, hard, and active, as it is
not easy to find such confluence of commodities — if the
hand of man did join with the hand of nature ; but they
are severed.' The conclusion is no less true than sad :
' the harp of Ireland is not strung or attuned to concord.'
The wise and liberal sentiments of the Lord Chancellor
of England were unhappily not shared by the Lord
Chancellor of Ireland. The obstinacy with which the
natives clung to the faith of their forefathers made the
Chancellor regard them with rooted aversion. Unfortu-
nately I have many more proofs of this than of his conduct
as an Equity Judge.
1 This shows the shamrock -was thon the national emblem.
302
REIGN OF JAMES I.
CHAP.
XXII.
State of
theChurch.
Sad ac-
count of
the Pa-
pists,
and of the
English
ministers.
Conduct
of the
Arch-
bishop to-
wards the
Catholics.
The Chan-
cellor's son
made a
Peer.
His remarks on the condition of the Deaneries of
OniuiTOugh and Wicldow, in 1614, show the small pro-
gress of the Reformation in Ireland. ' I confess there is
but a slender account yielded of these two last deaneries,
which lie in places remote. I humbly pray my true
excuse may be considered, which is, that I cannot possibly
get curates to supply the service of these churches ; the rec-
tories are inappropriate, and the farmers cannot be drawn
to yield any competent means to a minister for serving
the cure ; besides, if we could get means, we cannot
possibly get ministers, for the natives of this kingdom
being generally addicted to Popery, do train up their
children in superstition and idolatry ; so soon as they come
of age they send them beyond the seas, from whence they
return either priests, Jesuits, or seminaries, enemies to
the religion established, and pernicious members to the
State. Such English ministers and preachers, as come
hither out of England, we do take them upon credit, and
many times they prove of a dissolute life, which doth
much hurt. I do humbly desire a small supply of minis-
ters, and I will have an especial care of their placing in
the best manner I can.' l
This is but sorry tribute to the clergy of the Reformed
Church. While the Archbishop was thus bewailing the
state of his diocese he was treating with unrelenting
vigour such members of the Roman Catholic Church as
fell beneath his authority. He excommunicated eight
members of that persuasion for recusancy, and they were
imprisoned. They were released by the indulgence of
Parliament, but not with the consent of the Archbishop,
for he thundered anew his excommunication, and sent
them again back to prison.2 The Lord Chancellor was
able to push into notice those who had claims upon his
care. He had an only son named Roger. This son ac-
quired high rank ; first knighthood, then a peerage, as
Baron Jones of Navan, and Viscount Ranelagh. He
1 D' Alton's Archbishops of Dublin, p. '256.
2 Curry, Hist. Eev. Dub. Ed. p. 86.
AECIIEISHOP JONES, LOED CHANCELLOR. 303
married first Frances, daughter of Garret Moore, Viscount CHAP.
Drogheda, and secondly Catherine, daughter of Sir Edward ^' \ Lx
Longueville, Bart.1
In 1617, the Corporation of Dublin procured an order Protects
from the Privy Council against certain inhabitants of the leges™"
liberties of St. Patrick's, who sold goods without license 8t.- -1/1'
trick s
from the Mayor and Commons. This order was passed in
the absence of Archbishop Jones, who, on his return, had
it suspended, on showing it was a direct encroachment on
the privileges of the Dean and Chapter of St. Patrick's,
and the Mayor and Commons concealed this fact from the
Members of the Council. We are able to ascertain the
expense of supporting a student in Trinity College,
Dublin, at this period, when the Archbishop had a grant Grant of
from the Crown of the wardship of Patrick, son and heir
of William Bermingham, then late of Corballis, at a certain
annual rent, retaining thereout 71. 9s. 6d. for his main-
tenance and education in religion and habits in Trinity
College, Dublin, from the twelfth to the eighteenth year
of his age.
The duties of the Lord Chancellor were not very onerous The Chnn-
at this period. The practice of the Court was settled by an Equity
his predecessor, the rules generally known and observed,
and such orders as he made, steadily adhered to. The de-
cisions of the time have, from the want of contemporary
reporters, unfortunately not reached us, but the high repu-
tation which the Chancellor bore in his Court for wisdom
and good sense make me disposed to regard him as a Judge
whose decrees gave satisfaction to the Bar and the public.
The cathedral of Christchurch had been greatly in
need of repairs, and Archbishop Jones caused them to be
made. He also restored the steeple, and placed three
weather-cocks thereon. By the preservation of the vene-
rable Black Book of Christchurch, we learn this church was
originally built by AnlifF, the Danish Prince of Dublin,
about the year 1088. King Henry II. made many grants
to this church, and Richard Earl Strongbow was interred
1 The present Viscount Ranelagh is his descendant.
304
REIGN OF JAMES I.
CHAP.
XXII.
Death in
1619.
Burial in
St. Pa-
trick's
Cathedral.
Monument
and epi-
taph.
Sir John
Da vies.
here. Several relics, including a staff covered with, gold
and precious stones, called the Staff of Jesus, which it
was alleged had belonged to St. Patrick, were preserved
here. In 1559, a Parliament began to be held in this
church in a room called the Common House, probably the
House of Commons. On April 2, 1562, the roof and part
of the body of the church fell to the ground, whereby the
ancient monument of Earl Strongbow was broken. The
fracture is visible.
The Chancellor's health very suddenly gave way ; he
died at the Palace of St. Sepulchres, on April 16, 1619,
having governed the See of Dublin for thirteen years,
and presided in the Court of Chancery for the same period.
He was interred beside the remains of his wife in St.
Patrick's Church, near the Communion-table, where a
handsome momiment was erected to his memory. It
bears this inscription : —
Thomas Jones, Archiepiscopus Dublin.
Primas et Metropolitans Hibernise,
Ejusclem Cancellarius, necnon bis e Justitiariis unns.
Obiit Decimo Aprilis, anno reperaUe salutis humanse
1619.
In noticing the progress of the legal profession in the
various reigns, we must not omit the name of one emi-
nent lawyer, though not among the Irish Lord Chan-
cellors, Sir John Davies. It is related of him that having
been guilty of assault and battery on a fellow student of
law, in the Middle Temple, in 1598, he was expelled from
that society. He then sought to earn a reputation in lite-
rature, and published a very able poem, in 1599, entitled
' JSTosce teipsum.' He also wrote ' Orchestra, a poem on
the Art of Dancing,' an accomplishment held in great
favour among the lawyers of that time : —
When grave Lord Keepers led the brawls,
And Seals and Maces danced before them.
Having the success of Sir Christopher Hatton ' before his
eyes, Davies probably hoped to reach the same rank by
1 Lord Chancellor of England in 1587.
SIR JOHN DA VIES. 305
Hie same means. He also sought to recommend himself CHAP.
"\*" \" 1 I
to Queen Elizabeth by fulsome flattery, Avliich, I suspect, s»_Z
was common enough in her reign, iudgiiic: from the poems 1>:'-vs
court to
of bpenser — the effusions of Raleigh — Shakspeare — and Qu^n
others less celebrated authors. He addressed twenty-six EllzabetL
acrostics to her Majesty's name, Elizabetha Regiiia, and
these tender lines are said to have been graciously re-
ceived. Through the influence of the English Chancellor,
Lord Ellesmere, Mr. Davies was admitted to the Bar,
and elected Member of Parliament in 160 1.1 On the
accession of James I. he was noted for Government em-
ployment, for, whatever may have been the faults and
follies of the Scottish King, he had the redeeming virtue James I.
of rewarding talent. ' ISTosce Teipsum ' so pleased him, he f'ncourases
men of
appointed the author Solicitor-General for Ireland in taimt.
1(503. Davies received the honour of knighthood, and Davies,
became Attorney-General in 1606. andlT
Sir John Davies may fairly be regarded as the earlist torncy-
legal writer in Ireland. His treatise 'A Discoverie of the
Davies the
irue Causes why Ireland was never entirely Subdued, first legal
nor brought under obedience of the Crown of England, ™i^™
uutill the beginning of His Majestie's happie Raigne,' True
was published in A.D. 1612. It displays considerable SeSuacT *
knowledge of the ancient laws of the Irish, which show was liever
,, . .. . subdued.
the industry and habits of observation of the writer. He
also compiled and printed, in 1615, Reports of Cases Publishes
adjudged in the King's Courts in Ireland.2 The cases Law EL"
reported peculiar to Ireland are — the case of Mixed 1615.'
Money ; the case of Tanistry, decided in the King's
Bench; of the County Palatine of Wexford, in the Ex-
chequer ; the cases of Profits ; of Customs payable for
Merchandises ; of the Dean and Chapter of Ferns ; of
Legitimation, and Bastardy, in the Court of Castle
Chamber; of a Cominenda, in the Common Pleas, and a
Preuiunire. They contain many curious points of interest
relative to the laws, history, and antiquities of Ireland.
1 He represented Corfe Castle.
- English translation published in Dublin, 1762.
VOL. I.
306
REIGN OF JAMES I.
CHAP.
XXII.
Wood
Quay,
favourite
residence
of Irish
Judges.
Davies
returns to
England.
Appointed
Lord Chief
Justice,
and dies.
The Irish
Law
Courts re-
moved to
Chichester
House.
State of
the King's
Inns,
Dublin.
Order re-
specting
the King's
Inns in
1607.
While in Dublin Sir John Davies resided in the Wood
Quay, a favourite locality for members of the legal pro-
fession. Here, also, lived Sir Jerome Alexander, one of
the Judges of the Common Pleas ; James Donnellan, also
Judge of the same Court ; Sir Adam Loftus, Lord Chan-
cellor ; Sir Faithful Fortescue and William Samback,
King's Serjeant. Davies left Ireland for his native coun-
try in the year 1616. After his return to England he
discharged the duties of Justice of Assize, and sat in the
English House of Commons as Member for Newcastle-
nnder-Lyne in the Parliament of 1621. He was actually
nominated Lord Chief Justice of England, and had pur-
chased his Judge's robes, when he died quite suddenly on
December 7, 1626.1
During the Michaelmas Terms of 1605, and two ensuing-
terms, the Courts of Law were held in a large building
erected in a garden in the east suburbs of Dublin, by Sir
George Carew, President of Munster, and Lord Treasurer
of Ireland. It was designed for an hospital, and is de-
scribed as a large mansion, with a gate-house, a garden,
and plantation, and was first called Carew or Ca rye's
Hospital; but, becoming the property of Sir Arthur
Chichester, acquired the name of Chichester House, by
which it was best known.2
This removal to Chichester House was absolutely neces-
sary, for at this period the King's Inns of Dublin were
sadly out of repair, so nmch so that, in 1585, Sir John
Perrot proposed to make a granary of them, and remove
the Law Courts to St. Patrick's Cathedral.3 At the King's
Inns the Court of Chancery was held in the Friar's Hall,
the Exchequer in the Dormitory, the Common Pleas in. the
north end of the Dormitory, and the King's Bench in Sir
Robert Dillon's Chamber. On June 24, 1607, the Society
of King's Inns ordered ' that, forasmuch as the present
restauration of the Society of the King's Inns doth
1 Imp. Diet. Univ. Biog. vol. ii. p. 37.
2 Gilbert's History of Dublin, vol. iii. p. Go.
3 Harris's Warp, vol. ii. p. 13.
IRISH LAW STUDENTS. 307
require an admission of the practisers, officers, attorneys, CHAP.
and others of the several Courts, whose auncientye is not '
yet sufficiently known, it is therefore this day ordered
that the admittances shall be received and entered in the
book of admittances, as they shall appear and desire the
same.'
Mr. Littledale in his pamphlet 011 the ' King's Inns ' l Comments
remarks : — ' This order Avas an attempt to obtain, by o"cier!&
means of the Lord Deputy, what the King had refused,
viz., the organisation of an independent Inn of Court.
The Judges, who were the lessees of the Inns, had full
power to make the officers and attorneys do as they chose,
and the admission of the Lord Deputy to Membership was
a bait thrown out to barristers, who were already members
of an Inn of Court, to enrol themselves in an Inn of
Chancery.'
The attention of the Attorney-General, Sir John Davies,
who was a member of the King's Inns, was directed to the
want of a proper building for the purpose of legal educa-
tion in Ireland, and the result of his activity was to
grant to the Judges the Dominican Abbey to hold to
them 'that the justices and professors of the Common
Law in the said Kingdom of Ireland shall have and may
possess all and singular the premises for a common hall
for ever.'
The taste for dancing already noticed was regarded a
necessary accomplishment for a lawyer in those days.
The King ordered that none but gentlemen of descent
should be admitted to the Inns of Court, and, in the Penalty on
seventh year of his reign, under barristers of Lincoln's Inn ^f™
were, by decimation, put out of Commons, because they to dance.
refused to dance before the Judges on Candlemas -day, '
and were told if they repeated this offence, they would be
fined or disbarred.
In reference to barristers dancing, I give the follow- Irish bar-
ing from the Memoranda Roll of 9 Henry VIIL, which
to dance.
1 Littledale, on the King's Inns and Legal Education in Ireland.
x 2
308
IRISH LAW STUDENTS.
CHAP.
XXII.
Education
of Irish
law stu-
dents in
Dublin.
First call
to Irish
Ear.
describes the studies and habits of Irish law students in
the reign of Edward IV. ' I, Thomas Netterville, the
Kynge's attorne, was with Sir Willy m Darcy, of Plattone,
on Monday next before the feast of the Nativity (9 Henry
VIII. 1517), and ther, among othyr cowyunts, inquired of
him whether he knew John Bermingham and Nicholas
Tryers or not, and what age or stature the said Nicholas
was of; the which Sir William shewed me, that he and
his cosyn, Sir Thomas Kent, being lurniiig their ten ours
and Natura Brevium l Avith Mr. Street at Dovelyng
(Dublin), was tabelyd at Hugh Talbots, the said Hugh
then dwelling where John Dillon now dwellyth, and that
Ffyllip Bermingham, then Chief Justice of the King's
Bench, att that time dwelled there, as Ann White dwelleth
now, having one John Harper in his service, unto which
said John Harper the said Sir William and Sir Thomas,
with other their company on s, on hol}rdays resorted to
learne to harpe and to daunce, at the said Justice's place,
where was there John Bermingham ; and Sir William
and Sir Thomas so being there in dwelling, was sent for
to the marriage of Nicholas and Luttrel's doghter to
Luttrel's town, where they accompanied by divers of
Dublin went, at which tyme Nicholas was as tall a man as
ever he was, and the best and strongest archer then at
that marriage, and at the least, so the said Sir Willyum
remembrans, there was forty good bowes there ; and
after Sir Willym, his father fell siclce, and sent for him
home ; but here he raght (ere he rode) home his father
died, the Newyere's Day next before the death of Edward
IV.'2
For a considerable period the right of calling gentle-
men to the Bar did not exist in Ireland, but English
barristers were obliged to become members of the King's
Inn before they could practise in Ireland. The earliest
1 Littleton's Tenures, and Fitz Herbert's Natura Crevium, were the clip-
books of law students in former days.
2 Morrin's Calendar Pat. and Close Rolls Chancery, Ii-ehiiid. Preface,
xxriii.
IRISH LAW STUDENTS. :J(H»
instance I find of a gentleman called to the Irish Bar was a CHAP.
XXII
King's Inn. student, who was called to the Irish Bar in ^1_1^J_.
J 1 James I., but it was not in the usual way, by the Lord
Chancellor, but by Eoyal letter. This was William Hilton,
of Dublin.1
1 Ho was Treasurer of the King's Inn in 1640, and afterwards in lt!44,
Baron of the Exchequer, and Justice of the Common Pleas.
310
REIGN OF JAMES I.
CHAP.
XXIII.
Important
period of
Irish
history.
Adam
grand ne-
phew of
Lord
Chancellor
Arch-
bishop
Loftus ; son
of Serjeant
Loftus.
His edu-
cation.
Judge of
the Martial
Court.
Com-
mission to
execute
Martial
Law,
A.D. 1597.
CHAPTER XXIII.
LIFE OF LORD CHANCELLOR LORD LOFTUS.
THE terra comprised in the life of Lord Chancellor Adam
Lord Loftus of Ely may be considered of the utmost in-
terest in the history of Ireland. During this period
occurred the flight of the Earls of Tyrone and Tyrconnel,
by which the Province of Ulster was at the disposal of the
Crown, and enabled King James I. to plant his countryman
on the confiscated lands of the exiled Irish chiefs. The
province was formed into counties, tanestry and gavel-
kind abolished, the Brehon laws set aside, and the
country brought under the laws and constitutions of
England. Lord Loftus was Chancellor under James I.
and Charles I. While Falkland and Strafford were
Viceroys, he had no enviable hold of the Seals.
Adam Loftus was grandnephew and namesake of Arch-
bishop Loftus, for many years his predecessor 011 the
Bench of the High Court of Chancery. He was second
son of Robert Loftus, Serjeaiit-at-Law, and was early
intended for the legal profession. He was educated in
Trinity College, Dublin, of which his great uncle was
Provost, and obtained the degree of LL.D. His reputa-
tion for ability in his profession soon obtained him practice,
and, as was only natural, the patronage of his relative the
Lord Chancellor procured him a place. He was appointed
Judge of the Martial Court in 1597. l
1 The Commission to execute Martial Law, issued by Queen Elizabeth to
Adam Loftus, was as follows : s ' Forasmuch as in martial governments as in
civil, there must be discipline ; and the same is to be accommodated to times,
occasions, and countries, and accordingly, statutes, laws, and ordinances, are
to be made and published, and being so, then to be executed, for otherwise
they become fruitless, dead, and contemptible escripts. We have, therefore,
• Morrin's Calendar Pat. and Close Rolls, Chane. Ir. vol. ii.
LORD LOFTUS OF ELY, CHANCELLOR.
On the accession of King James I. to the throne of
Great Britain and Ireland, he wrote from Holyrood on
March 29, 1603. To the Lord Chancellor and Council of
Ireland : — ' Albeyt we doubte not ye are sufficintye certi-
fyed of our being proclaymed the onely lawful heire of the
crowne of England, France, and Ireland, lykeas we have
notifyed the Lord Deputye ; yet we would not omitt to
render you hartye thankes, if ye have given the lyke proofe
of your affection to our service by proclaiming our autho-
ritj^e.' He then confirms them in their offices, with
power to do and decree whatever they might have done
by virtue of the jurisdiction granted to them.1
The valuable office of a Master in Chancery falling
vacant the following year, was given to the young Judge
by the advice of our Deputy General, set down and published divers ordinances
and orders for the better government of all marshall men, and for the re-
straining of such insolences and extortions as have heretofore been exercised
by some of them upon our good subjects, especially of the English Pale, which
as our garden, on our account is to be preserved and freed from all noysome
weedes, spoyls, and disorders,* and that these ordinances and laws are to be
orderlie and judiciallie examined and determined, and therefore executed ac-
cordingly ; know ye, that we, of our special grace, with the consent of our
Lord Deputy, and in respect of the good sufficiency and dexterity well known
to us to be in our trusty and well-beloved Adam Loftus, Master of Arts, and
Bachelor of the Civil Laws, for his good knowledge of the civil law, his other
good parts and carriadge of himself, and for the better preventing and punish-
ing of the said disorders and offences, do give and grant to him, the said Adam
Loftus, the office and Judge of our Marshall Court, in and throughout the
whole realm of Ireland, with full powur and authority to hear, determine,
examine and judge, all manner of offences, and the offenders of them, and
every of them, 'against the statutes, laws, and ordinances made, or to be made
or otherwise ; in as ample a manner, and in like nature, jurisdiction, and
course, as any Judge of our Marshal Court in England, or in any of our
dominions might or ought to do, by virtue of any grant heretofore made to any
judge or judges, concerning the punishment of such offenders, either by fine or
imprisonment, loss of life, or other corporal punishment according to the nature
and quality of the offence ; to hold by his sufficient Deputy, during good beha-
viour ; and in consideration of the pains, travail, and expense which the said
Adam shall be at, in the exercise of his office, as well by his attendance upon
our Deputy in camp, as in giving judgment and sentences against the offenders,
upon complaint to be made by any of our subjects, in breach and violation of
the laws and ordinances, we grant to the said Adam Loftus a pension, or daily
pay or stipend of six shillings and eight pence, with such other fees and emolu-
ments as appertain to the office. — Dublin, Sept. 17th 39°.'
1 Erck. Pat. Eoll, Chanc. Ir. vol. i. p. 17.
CITA1'.
XXIII.
Appointed
Master in
Chancery.
Knighted.
This is very like the style of Edmund Spenser, the poet.
812
REIGN OF JAMES I.
CHAP.
XXIII.
Lord
Keeper,
A.D. 1603.
Tho Plan-
tation of
Ulster by
James I.
Courts of
Stiu-
Chamber,
and Wards
of the Marshal Court, and, on the accession of James VI.
of Scotland to the throne of England, which he occupied
as King James I., Master Loftns received the honour of
knighthood. Honours now began to follow in rapid suc-
cession. In 1603, Sir Adam Loftus was made Keeper of the
Great Seal, when the failing health of his great uncle ren-
dered him unable to fulfil the functions of Lord Chancellor.
The darling project of James I. was the Plantation of
Ulster. He was greatly disappointed that those to whom
he allotted large tracts of land made slow progress in
colonisation, having, after a lapse of some years, either
done nothing at all, or so little that the work seemed to
perish under their hands than be advanced by them ; some
having begun to build and not planted, others planted and
not built, and all of them in general retaining the Irish
still in their hands, the avoiding of which was the funda-
mental reason of the plantation designed by the King.
He wrote to the Viceroy, Lord Chichester, threatening to
resume the lands, and either to dispose of them for the
benefit of the Crown, or re grant them to more active
7 O
undertakers, and as he wished all the original planters to
have notice of his intention, commanded the Deputy to
give such notice, in order that they should be aware, if
they failed in their duties by August twelve months, he
would carry out his threat. By way of showing the
determination with which he was prepared to act, he
wrote, with his own hand, on the letter this postscript : —
' My Lord, — In this service I expect that zeal and up-
rightness from you, that you will spare no flesh, English
or Scottish, for no man's private worth is able to counter-
balance the perpetual safety of a kingdom, which this
plantation, being well accomplished, will procure.' '
This produced some effect, and James resolved to in-
troduce changes into the legal procedure of the country.
The desire of the House of Stuart to establish tribunals
for the administration of the law more under the influence
of the Crown than the ordinary tribunals of the country
1 Morrin's Calendar Pat. and Close Rolls, Chanc. Ir. p. G28.
LORD LOFTUS OF ELY, CHANCELLOR. 313
led to the establishment of the Star Chamber1 and Court CHAP.
of Wards.
The Lord Chancellor, or Lord Keeper, a Bishop, a tem-
poral Lord, and the two Chief Justices constituted the
Court ; other Peers and Judges sometimes sat with them.
The mode of procedure was by Bill of Complaint 011
parchment signed by Counsel, showing a case within the
jurisdiction of the Court ; thereupon the Clerk of the
Court made out a warrant, under seal, summoning the
offenders to answer the matter alleged. A record was
taken of the defendant's appearance, the defendant an-
swered on oath, and if interrogatories were lodged within
three days, defendant should answer ; or, on plaintiff's ap-
plication, attachment issued. When issue was joined, the
Court proceeded to order and judgment, and the party
convicted was sentenced to be fined, or imprisoned, accord-
ing to the offence. Costs followed the judgment.1
The Court of Wards was instituted in Ireland by Court of
\vnrci s»
James I. He alleged as the reason for its establishment
~
his care for the good and welfare of his subjects, and for
preventing the great inconveniences which might happen
in Ireland, if the children of noblemen and gentlemen,
who should be in ward, should be deprived of good breed-
ing and education, religion and learning, and that their
1 The Court of Star Chamber was established by James I. immediately after
his accession. He considered it necessary for the peculiar state of Ireland to
have this court. Its province was 'finding and punishing unlawful main-
tenances, imbraceries, confederacies, alliances, false bondings, and taking of
money by the common jurors of that realm, and by untrue demeanings of
sheriffs in making of panels, and other untrue returns, and by riots, routs,
unlawful assemblies, forcible entries, and other like hateful disorders, by which
the policy and good rule of that realm was well nigh subverted, and on
enquiring little or nothing done for punishing these inconveniences, but there
ensued great increase of murders, forgeries, and unsurities of the subjects,
and loss of their lands and goods, to the great hindrance of the King and dis-
pleasure of God ; ' for remedy whereon King James I., by Special Commission,
and letters patent dated Hampton Court, the 10th of August, 1st of his reign,
appointed a Court in Dublin Castle, called the Castle Chamber, or Star Chamber,
where the causes were heard and determined as authorised by Statute of
3" Henry VII.
1 Erck's Repertory of Pat. Roll in Chan. Ireland, p. 38.
314 KEIGN OF JAMES I.
CHAP, possessions, during their minority, should be preserved in
v_U_ L- protection from all waste. He also had in view the aug-
mentation of his royal revenue, and named members of his
Privy Council Commissioners. There was a considerable
number of officials in this Court. The Master, or principal
judicial officer, with the keeping of the Seal, had a salary
of 3001. per annum ; also the First Attorney and second
judicial officer ; First Surveyor and third judicial officer to
hold during pleasure. The appointment of these officers
was vested in the Crown, and the patronage enabled the
King to provide lucrative places for those who, in return,
did their best to please him.
Member Sin ADAM LoFTUS was named of Council to the Earl ol
Kind's Thomond, Lord President of Munster, and represented
County. {lie King's County in the House of Commons. He was_
shortly afterwards called into his Majesty's Privy Council,
Lord Chan- and on May 13, 1619, became Lord High Chancellor of
cellor,
1619. Ireland.
The Irish Courts had not the immediate superintendence
of the pedantic King, like the English. We read in a
very interesting work,1 that King James I., 011 being told
by Sir Edward Coke, ' that it was not competent for the
King to decide questions of law,' replied, ' he thought the
law was founded upon reason, and he and others had
reason as well as the judges.' To this Coke answered,
' That true it was, that God had endowed his Majesty with
excellent science, but his Majesty was not learned in the
law of his realm ; they are not to be decided by natural
reason, but by artificial reason and judgment of law ; that
the law was the golden mete-wand and measure to trv the
J
causes of the subjects ; and which protected his Majesty in
safety and peace.' The King, greatly offended, said, ' that
then he should be under the law, which was treason to
affirm.' Wherewith Coke replied, ' Bracton saith, " Quod
rex non debet esse sub Jwmine sed sub Deo et lege."
I find ample proof that the Chancellor's conduct was at
1 Foss, Judges of England, vol. vi. p. 1.
2 12 Coke, Rrp. 65.
LORD LOFTUS OF ELY, CIIA NCKLLOK. 3 1 • j
first most gratifying to King James I., wlio created him CHAP.
XX1I1
Lord Loftus of Ely. Lodge's ' Peerage of Ireland ' ' recites : '
( Among others of our best deserving subjects in that king-
dom, we have, for many years together, taken especial notice
of the faithful and industrious services performed, in many .
kinds, by our right trusty and well-beloved Sir A. Loftus, hjm by
Knight, our Chancellor of that our realm ; and in a gra- j^es j.
cious consideration of his merits, we are pleased out of
our goodness and favourable respect of him, to look beyond
himself, and to add to that eminent office of Chancellor,
which we have bestowed upon him, such a title of honour
as may descend upon his posterity for his sake ; that
thereby his virtues may be recorded to future ages, so long
as there shall remain an heir male of his house.' The
Privy Seal is dated at Westminster, April 23, 1622, and Married.
the patent, May 10, same year. His lordship had married
Sarah Barlow, widow of Richard Meredyth, Bishop of ,.
Leighlen, and had four sons and two daughters. children.
During the reign of James I., there prevailed consider-
able dissensions between the Courts of Common Law and
Equity as to the jurisdiction of the Courts of Equity over
the judgments of the Courts of Law. The violent conduct Court of
of the great Common Law lawyer and Chief Justice, Sir decrees1?!.
Edward Coke, brought about his dismissal, and the Court Ireland
of Chancery had its functions established.2 The number temp.
of decrees of the Court of Chancery in Ireland enrolled James I<
during the reign of King James I. is 312.
The income of the Chancellor was increased by the re- Income
n f~\]
presentation to the King that the profit of his place was ^u,,,1.'1"
so small he was in much need of assistance, and the King increased.
directed Sir Thomas Blundell, Vice-Treasurer and Receiver-
General, to allow the Chancellor the fee of 6s. Sd. a day,
granted to him by letters patent for the execution of
Judge Marshall's place, together with a pension of 9s. a
day, both subject to some abatement.3 The allowance to the
1 Vol. vii. p. 247.
- Foss, Judges of England, vol. vi. p. 4.
'j Morrin's Calendar Pat. and Close Rolls, Chanc. Ir. vul. iii. p. 1 1.
316
EEIGN OF JAMES I.
CHAP.
XXIII.
Inaugu-
rating the
Lord
Deputy.
A.D. 1622.
Lord Chancellor and Keeper of the Great Seal was for
wages, duties, robes, and liveries of himself and the Mas-
ters of Chancery. He had a special allowance for his
attendance at the Star Chamber, but in some instances I
fear the emoluments of the office were increased by means
not quite regular, as we shall find elsewhere.
The Lord Chancellor has always taken a very important
part in the State ceremonials, as appears from the follow-
ino- account of the inauguration of Lord Falkland given
D • o i~>
in the Harleian Manuscripts : — ' On Friday, September 6,
1022, Sir Henry Carye, Knight, Lord Viscount Falkland,
late Comptroller of the Privie Counsell in England, and
now Lord Deputie of Ireland, landed at Hoathe late in the
evening, wherefor that nyghte he was entertayned by the
Lord of Hoathe. And on Saturday, in the afternoone, Sir
Adam Loftus, Knight, Lord Viscount Loftus of Elye, Lord
Chancellor of Ireland, and Sir Eichard Wingfield, Knight,
Lord Viscount Powerscourt, and Marshall of Ireland, Lord
Justices of this Kingdom of Ireland, being attended with
divers of the nobilitie and Privie Counsell of this king-
dome, mett said Lord Falkland within midway between
Dublin and Hoathe, and so they came together to the
Castle of Dublin. And upon Sunday morning, being Sep-
tember 8, the Lord Justices and Counsell met together in
the Counsell Chambre in the Castle, and the Lord Chan-
cellor, leaving the rest of the Counsell in the chambre,
being attended by Francis Edgeworth, Clerke of the Crowne
of the Chancerye, with the roll of the Lord Deputie's oathe,
went into the withdrawing chambre, to acquaint the Lord
Falkland with the same. And (after a short conference
between them) the Lord Chancellor returned into the
Counsell Chambre again, from whence the Lord Justices,
with all the Counsell, having the King's sword borne be-
fore them by Sir Charles Coote, Knight and Baronett, one
of hisMaiestie's Privie Counsell, repaired unto the cathedrall
Church of the Holie Trinitie in Dublin, commonly called
Christ Church, where, being seated in their seates, and his
Maiestie's sword being left before them ; all the Counsell,
LORD LOFTUS OF ELY, CHANCELLOR. 317
together with the gentlemen pensioners, attendants, re- CHAT.
turned back to the Castle, from whence the Lord Falkland, ^ '
being by them attended, and accompanyed with the Lord
Viscount Wilmott of Athloiie riding by his side, they came
nil together to Christ Church, and being their seated in
their usual seates, Doctor Usher,. Lord Bishop of Meat h,
made a learned sermon,1 and the sermon being ended, the
Lord Justices came down from their seats, the sword beiii<T
? c>
borne before them, and the Lord Falkland following them
to the Communion-table, when the Lord Justices being sett
in two chairs provided for them, the said Lord Falkland
delivered unto the Lord Chancellor's hands, his Maiestie's
two patentes under the Create Seale of England for the
authoritie and place of his Maiestie's Deputie-Generall of
this realme of Ireland, which the Lord Chancellor delivered
to the hand of Francis Edgeworth, Clerke of the Crowiie
aforesaide (the Master of the Rolls being absent), to be
publiquely read. After the reading whereof the Lord Chan-
cellor ministered unto the said Lord Viscount Falkland as
well the oathe of his Maiestie's supremacy as the oathe of
the said place and room of Lord Deputie-Generall, both of
which he received upon his knees. Which being done, the
said Lord Viscount Falkland delivered unto the said Lord
Justices a lettere from his Maiestie, sealed with his Maies-
tie's privie signett, and the same being by them opened and
publiquely read by Sir Dudley Norton, Knight, Principall
Secretary of Estate, did impart his Maiestie's pleasure
unto the Lord Justices for the acceptance of his said De-
putie, and delivering unto him his Highnesses sword.
Whereupon they joyfulry taking the sword, delivered it to
the Lord Deputye, who presently, upon his receiving
thereof, conferred the honor of knighthood upon Mr. Gary
Lambert (second son of the Lord Lambert deceased), and
then delivered the sword unto the Lord Caulfield, Baron
1 He selected for his text 'He beareth not thr sword in vain ; ' Romans xiii.
His language was so violent, and excited such apprehension in flu- minds of
the Roman Catholics of Ireland of religious persrcuti'in, that lie wan <vu-'u;-ed
by the Primate.
818
REIGN OF CHARLES 1.
CHAP.
XXIII.
Precedence
of Lords
Justices
of Ireland.
Case for
the Star
Chamber.
Serjeants-
at-Arms.
of Charlemont, to be by him carried that day. And so
they departed from Christ's Church in solemrdtie of estate ;
the Lord Justices taking place for that day, next the Lord
Deputie before anie other of the Lords, according to the
ancient custome.' ' Serjeants-at-Arms were appointed to
attend the House.2
Lord Chancellor Lord Loftus discharged his duties of
Chancellor without any complaint during the latter years
of the reign of King James I., who was carried off by
ague in the spring of 1625.
The year 1625 witnessed the death of James I., and
immediately his son, the hapless Charles I., was proclaimed
King. He continued Lord Falkland Viceroy, and Lord
Loftus Lord Chancellor of Ireland.
During the Viceroy alty of Lord Falkland, in 1626, the
King ordered the Counsel for the Crown to inform against
Sir Pierse Crosby in the Court of Castle's Chambers for
exhibiting a scandalous petition to the King in the name
of Sir Edward Blaunchville, Knight, without the said
Blaunchville's authority or knowledge, reflecting upon the
Lord Deputy. The petition complains ' that the Lord
Deputy granted away Blaunchville's lands while he was
under trial for his life. Blaunchville having declared him-
self innocent of any such charge, the King ordered Sir
Pierse Crosby to be proceeded against " ore tenus," or
otherwise, as the cause shall require, and so that such due
punishment be inflicted upon him, as his fault in justice
shall deserve, that men may beware how they presume
1 Harleian MSS.
2 ' The appointment of William and George Peisley to the office of Sergeant-
nt-Arms, to attend at all times when required, but more especially to attend
the Speaker of the House of Commons in every Parliament to be held in the
Kingdom, with a fee of 201. a-year, to hold for life. The patent recites that in
ancient times there was but one Serjeant to attend to the State, who did some-
times wait upon the Deputy, or Chief Governor, and sometimes upon the Lord
Chancellor, so as there was no Sergeant-at-Arms to attend the Speaker of the
Commons, and to perform other services in the House in any Parliament to be
holdin in the Kingdom according to the manner of England. — Dublin, August
23, 162S.-a
« Morrin's Calendar Pat. and Close Rolls, Chanc. Ir. Temp. Charles I. 329.
LORD LOFTUS OF ELY, CHANCELLOR. -'U9
hereafter, to exhibit false matters against you, our prin- CHAP.
x\ui
cipal Minister there, with purpose to wound your reputa- ~J_1^_1^
tion, or break the good opinion we deservedly hold of you.' '
The next person complained against was the Lord
Chancellor, very shortly after the King's accession to the ^°™~
plaints
throne. a^ain-t
It must have been most unpleasant for the Lord Chan-
cellor to find his conduct as a Judge impeached, as appears
by this letter from the King :—
' The King to Lord Viscount Loft us, Chancellor.
' Right trusty and well-beloved cousin and Counsellor, Letter
we greet you well — Whereas we have received an humble Charles l.
petition of Henry Wright and Richard Blacknall, showing
that divers controversies are arisen between the Earl of
Cork2 and the petitioners, which controversies are de-
pending before you in our Court of Chancery there ; for-
asmuch as the petitioners do allege that the potency of
the Earl is such as it is not for them to contest with him
in law, fearing to be worn out with long and tedious suits;
we, taking gracious consideration of the poor estate of the
petitioners, and of their great disability to contend with
so rich and powerful an adversary, have thought fit to
recommend them and their cause to your good care, re-
quiring you speedily to give them a hearing in our Court,
touching the matters in difference between them and the
Earl, and to put an end thereunto with all possible ex-
pedition, that the poor men may have no great source of
complaint : Westminster, September 18, 1626. '3
The following year the King required the Chancellor to Lord
attend him in London, and ' directed Lord Falkland, Lord
Deputy, to notify the same, and to command him to deliver the King,
into the Viceroy's hands the Great Seal ; then to entrust
the Seals to Commissioners, any four of the Privy Council,
1 Morrin's Calendar Pat. and Close Eoll, Chanc. Ir. vol. iii. p. 148.
" The Earl of Cork was nearly related to the Chancellor.
3 Morrin's Calendar Pat. and Close Bolls, Chanc. Ir. Charles I. p. 169.
Vide also for another complaint the same vol. p. 213.
320
REIGN OF CHARLES I.
CHAP.
XXITI.
Commis-
sioners of
the Groat
Seal.
Of Chan-
cery.
Fresh com-
plaints.
Recalled
1o London.
Clears his
innocency.
The Great
.Seal to be
restored.
two or more being resident in Dublin ; then by Commission
to empower Lord Aungier, Master of the Rolls, one of the
second Justices of the King's Bench, one of the second
Justices of the Common Pleas, one of the second Barons
of the Exchequer, and all the Masters in Chancery in
Ordinary, and to any three or more of them whereof the
Lord Aungier be always one to hear and determine causes
in Chancery : Westminster, May 12, 1G27.'1
The Commissioners of the Great Seal were the Lord
Primate, Lord Dockwoa, Sir William Parsons, and Sir
Adam Loftus. While those named to determine causes
in Chancery, to punish all contempts and sign all judg-
ments ov decrees, were Lord Aungier, Sir Christopher
Sibthorp, John Philpott, Sir Laurence Parsons, Henry
Mainwaring, and Thomas Gary.2
Considerable dissension prevailed between Lord Loftus
and the Deputy, Lord Falkland, who was very unwilling
to allow the Chancellor to treat the suitors as he was in
the habit of doing. All remonstrances of the Viceroy were
disregarded, and an open rupture threatened to disturb
the Government. Complaints against the Lord Chancellor
had been sent to the King, backed with the sanction of
Viscount Falkland. Lord Loftus was charged with un-
dutifnl behaviour towards the King in not raising money
for the royal service, and especially in improperly acting
as Lord Chancellor, and in not showing due respect to the
Viceroy. These accusations were of too serious a nature
to be lightly treated ; therefore the Chancellor was com-
pelled to repair to London, where, before the Privy Council,
the King examined the truth of these charges, and weighed
the varying allegations made on both sides. The decision of
his Majesty was that the Chancellor ' showed his innocency
and justified his proceedings.' The King wrote to the
Deputy, desiring that on the Chancellor's arrival in Dublin
the Great Seal should be returned to him, and his Lord-
ship be fully restored to the free execution of his office.
1 Morrin's Calendar Tat. and
2 Ib. p. 200.
.^r Rolls, Temp. Charles I., p. 199.
LORD LOFTUS OF ELY, CHANCELLOR. 321
The Chancellor was also commanded to cany himself more CHAP,
respectfully to the Viceroy, and that he in return would ^_1^__1,
receive 'all due respect from that high personage, so that
all former scandals may be avoided.1
By a subsequent letter from the King- to Lord Falkland
authorising a license to be made out for the Chancellor's
o
absence from Ireland, either on the King's business or his
own, leaving* the Great Seal with the former Commis-
sioners, his Majesty writes—
' And whereas he (the Chancellor) complaineth that he
hath suffered much by causeless clamours, arid false charges
laid against him, whereof as he hath cleared himself here
to the satisfaction of us and our Council, so he desires his
honour and justice may be vindicated there by a legal
prosecution of those that have so wronged him ; we, being Accusers
tender of the reputation of our good officers and servants, *°
and knowing- it to be our part to give them protection and Chamber.
punish false aspersions against them, do hold it very just
and fit that all those who have preferred any scandalous
and false information or charges against our Chancellor,
for his carriage in the execution of his office, be proceeded
against in our Court of Castle Chamber, and punished
according to the demerits as by law is provided.2 — South-
wick, August 16th, 1629.'
But these accusations were constantly cropping up. Another
Another impeachment of the Chancellor's judicial integrity
is shown in a letter addressed by the King to the Chan-
cellor himself and the Earl of Cork, when Lords Justices.
Referring to litigation subsisting between the Earl of
Ormond and Sir Thomas Butler respecting the Manor of
Cloghrenan, the proceedings were directed to be heard and
determined by the two Chief Justices, Chief Baron, Master
of the Rolls, Second Justice of the King's Bench, and third
Baron of the Exchequer, being the fittest persons to settle
these controversies, by reason of their equal interest in
both parties, leaving out the Chancellor in regard to some
1 Morrin's Calendar Pat. and Close Rolls, Chanc. Ir. Charles I. p. 381.
2 Id. p. 464.
VOL. I. Y
322 EEIGN OF CHARLES I.
CHAP, relations lie had to the parties to the cause in question.1
WITT
. _ . _ , Westminster, April 18, 1632.
The corruption which in England notoriously pervaded
almost every department of the State in the reign of
James I. took some time before it crossed the Channel,
but I fear it did at length extend to Ireland, climbed the
bench of justice, and sullied the judicial robe. The pro-
ceedings against Lord Chancellor Bacon show that bribery
was common, though dignified with the title of presents
and New-year's gifts.2
Went- No sooner was the rumour confirmed that Sir Thomas
Lord1 Wentworth was to be the King's Viceroy in Ireland than
Deputy. the Lord Chancellor wrote him a congratulatory letter as
follows : —
Letter from ' Right Honorable and my very good Lord, — It is now
Chan-°r signified hither that his Majesty hath declared your Lord-
cellor. ship for his Deputy of this Kingdom, which hath long
waited for the Guidance of so noble a personage, the Fame
of whose Virtues and able Parts is not limited within that
Kingdom, but hath hither outrun your own Presence, and
the Report of your coming into this Government, which,
as well in Respect of the Good of this People and his
Majesty's Service, as for my own Particular, I have just
cause heartily to desire may long continue in so worthy
hands.
' I acknowledge the unmerited Respects lately received
from your Lordship, upon occasion of some Affairs there
mentioned touching me, which the Lord Mountnorris ac-
quainted me with ; and I humbly beseech your Lordship
to make Account that you shall find me always ready to
apply my utmost Endeavours to deserve the Increase of
your Lordship's good opinion ; and though the displeasure
of the former here begat me many troubles and such Ad-
versaries as yet cease not to pursue me without cause, yet
I never gave him other occasion than the sincere discharge
of my duties required, as your Lordship will hereafter
1 Morrin's Calendar Pat. and Close Rolls, Ir. Temp. Charles I. p. 652.
2 Foss's Judges of England, vol. vi. p. 3.
LORD LOFTUS OF ELY, CHANCELLOR. 323
better understand at your Arrival here, which. I heartily CHAT'.
XXIII
wish may be as safe as it shall be welcome unto -J_L, — 1^
' Your Lordship's faithful and humble Servant,
'AD LOFTUS, Cane.
'Jan. 27, 1631.'
This rather fulsome epistle was not likely to impress Receives
Lord Wentworth very highly with the self-respect and ^^Lord
integrity of the writer. As, however, he was aware the Deputy.
Chancellor had many enemies, and was desirous of sup-
porting so exalted an official, the Deputy did his best to
uphold him against those who tried to injure him, as
appears by the next letter.
' The Lord Chancellor of Ireland to the Lord Deputy. Another
— Right Honourable and my very good Lord, — Having £^er
received two Letters from your Lordship, the one of the Went-
18th, the other of the 28th February, I make humbly bold
to represent these few Lines in answer of both. In the
first, your Lordship hath been pleased to express your care
that the complaints agpanst me there, since your being of
the Irish Committee, should be kept intire, without my
Prejudice, till I might be heard. For which honourable
and just Favour I shall ever dedicate myself to your Lord-
ship's service ; I have found by true and dear experience
your Lordship's opinion to be most certain and infallible,
" that where His Majesty's Ministers in eminent Places Ministers
are not preserved in Honour and reverence, but under-
valued, there his affairs must certainly suffer in them."
This hath been my case for many years past, occasioned
through the dissonant affections of the Chief Governor
and some others of the State, who never accorded more
in any one thing, than in work that might tend to my
Prejudice and Diminution. From hence have sprung
private searches and scrutinies into all my Words and
Actions, secret and underhand Detractions, and some-
times more open and plain Disrespects, daily endea-
vours to irritate and stir up clamours and complaints,
some exhibited here, others to the Lords there. The
Answers to all which have not taken up a little of the
Y 2
324
REIGN OF CHARLES I.
CHAP.
XXIII.
Eelies on
Lord
Went-
•\vorth.
The Chan-
cellor pe-
titions for
increased
allowance.
Thf King
to the Lord
Deputy,
A.D. 1636.
Chancellor
presented
with
3,000/.
Time which I might have better employed in his Ma-
jesty's service. The Eoot from whence all these injurious
Branches take Life, and receive Abetment and encourage-
ment remains there, and not altogether here, for if here
only, I could either avoid them or in some measure pro-
cure my own Redress ; but being there, I find 110 other
sanctuary to fly unto, but the tribunal of his Majesty's
Royal and Free Justice, which hitherto hath acquitted
and set me free from all Aspersions that Malice could cast
upon one. And now that your Lordship hath been pleased
to yield me this Protection, I shall rest in Peace without
care of any evil Intentions. . . . Thus acknowledging
myself to be infinitely bound unto your Lordship for your
manifold Favours, I take leave and remain your Lord-
ship's Wholly to be Commanded,
' AD LOFTUS, Cane.
'March 16, 1631.'
The unpleasant position of the Chancellor formed a
good ground for additional pecuniary compensation, which
Adam Lord Lof'tus was not likely to forego. I find that
in 1636 the Lord Chancellor presented a petition to the
King, praying some additional recompense for his services,
which caused the following despatch to be addressed to the
Lord Deputy : —
'Charles Rex. --Eight trusty and right well-beloved
Cousin and Councillor, — We greet you well. We have
taken notice of that which came in a despatch of yours
not long since to our Secretary, with reference to a report
touching a Petition presented unto us on behalf of our
right trusty, and right well beloved Cousin and Councillor,
Adam Viscount Loftus of Ely, our Chancellor of Ireland,
for some reward in respect of his long services to our
Crown, and are therefore pleased in Testimony of our
gracious acceptance of his good and faithful services, as
well to our dear father of happy memory as to ourself,
and for his future encouragement, to bestow upon him the
sum of three thousand pounds. [The warrant then shows
how it is to be raised.]
LORD LOFTUS OF ELY, CHANCELLOR. 325
1 Given under our signet at Rafford Abbey, the 7th day CHAP.
of August, in the twelfth year of our reign 1636. ^11, — '-
' By his Majesty's Command,
'JOHN COKE.'
It was very fortunate for the Lord Chancellor that the Feelings
Royal bounty was so promptly extended, for the feelings Vicjreoy
of the powerful Viceroy towards him, shortly afterwards, changed.
were so changed that, I venture to say, if the money was
not thus readily given, Lord Wentworth would have
caused it to be withheld. The displeasure of the Viceroy
I find followed 011 the nomination, by the Lord Chancellor,
of a barrister named Alexander, in a Commission as Judge
of Assize.1
In the Earl of Stafford's letters, published by the Rev.
Dr. Knowler,2 we find some sharp letters passed from the
Lord Deputy to the Lord Chancellor in respect to this
matter. The first is from the Chancellor, and states the
cause of his Excellency's rebuke. It is entitled ' The
Lord Chancellor to the Lord Deputy.'
' May it please your Lordship,
'Upon Monday last I received letters from Baron Letter
Lowther, signifying the death of Serjeant Catlin, and ac- '° *
quaintino; me that upon his first notice thereof he repaired Chancellor
, , ,. ,, ,, to the Lord
to Trim, in his own person, and, understanding that the Deputy.
County of Meath was the last county of the Session, he,
of purpose, adjourned the same, until the Monday fort-
night next after ; and, in the interim, returned the old
Commission unto me, wherein he and the Serjeant were
joined, and desired the renewing of that Commission to
himself, and such other as should add unto him. Where-
1 The arrangement of Judges of Assize is usually according to rank by the
Judges themselves, who select their circuits. The Chiefs are entitled to the
lightest, if they prefer them ; and when a Judge is sick, or prevented from going
his circuits, the selection of deputy is with the Lord Chancellor, who generally
gives precedence to the Serjeants, if available. In this case the selection was
not for the Serjeants, which placed the Chancellor under the censure of the
Viceroy.
2 The Earl of Stafford's letters and despatches from the originals in the
possession of his great grandson, Thomas Earl of Malton, by William Knowler,
LL.D., Rector of Irthingborough, vol. ii. p. 67.
326
REIGN OF CHARLES I.
CHAP.
XXIII.
-j
Reasons
for nomi-
nating Mr.
Alexander.
upon, after some pause, I could think of no other for that last
despatch than Mr. Alexander, who dwelt in that country,
and near the place where the Commission was to be exe-
cuted ; all other Judges and the King's Counsel being
otherwise imployed by your Lordship's commandment.
So I presently issued a new Commission unto these two,
to perform that service. And if any error or mistake hath
been in the nominating the last of these, it may time
enough be altered, if your Lordship so command. This
being all which your Lordship by your letters is pleased
to require of me concerning this particular, I humbly take
leave, and remain ready to do your Lordship's service.
* AD LOFTUS, Cane.
'April 13, 1637.'
This letter indicates that it was with some doubt of his
wisdom in the selection the Chancellor inserted the name
of Mr. Alexander, and was required by the Lord Deputy
to state how he came to include this barrister's name in
the Commission, passing over the Serjeants. The reply of
the Viceroy is short, and not very sweet, for the perusal of
the Chancellor.
Reply of
the Lord
Deputy.
Recom-
mends
Serjeant
Existace.
The Lord Deputy's Answer.
' My Lord,
' To appoint so young a man as Mr. Alexander to such
a charge, as is the being Judge of Assize, and delivering
so great a goal as is now at Trim, I did not judge it to
stand either with honour or the good of a service so
highly importing His Majesty and the public peace of
the kingdom. And, therefore, I shall rather advise your
Lordship to design Mr. Serjeant Eustace for that work,
not being otherwise imployed in His Majesty's service,
but that he may well be spared so much time as the des-
patch of that service will borrow from him ; and so I
remain ready to do your Lordship's service.
* WENTWOETH.
'Naas, April 14, 1637.'
LORD LOFTUS OF ELY, CHANCELLOR. 327
It is no wonder the Lord Chancellor felt hurt at such a CHAP.
rebuke. The head of the law, and, supposed to be best _, — L,
acquainted with the members of the profession, to be ac- J^J^01
cused of appointing a voung man, not competent to dis- Chan-
ccllor foci-
charge the important duty committed to him, was the inghurt.
most severe censure that could be passed upon his conduct ;
and that the Viceroy should himself designate the proper
person to be appointed must have been most galling. He
was, however, not willing to allow the Lord Deputy to
dictate to him without some show of resistance, while not
daring to disobey his mandate.
The Lord Chancellor's Reply.
' May it please your Lordship,
' I shall, as speedily as may be, direct a Warrant to His reply.
the Clerk of the Hanaper to renew the Commission for
the Assizes in the County of Meath, and present it to the
Seal with a blank ; and, when it comes, I will insert Mr.
Serjeant Eustace therein, or some other fit person; for,
Serjeant Eustace, I fear, is not provided with such neces- Mr- Scr-
saries as that journey will require. If there were 110 other Eustace.
difference between him and Mr. Alexander but matter of
years, ' sure Mr. Alexander is the elder man ; but in this
and all other things, I shall comply with your Lordship's
commandment, and so remain,
'Your Lordship's,
' in all due services to be commanded,
'AD LOFTUS, Cane.
•April 14, 1637.'
This letter of the Chancellor's touched the high spirit
of Weiitworth. The sly taunt at his Excellency's object-
ing to Mr. Alexander's youth, and nominating in his place
a younger man, roused the haughty blood of one of the
proudest men of his age, and called forth a crushing
retort. It fell as follows : —
328
REIGN OF CHARLES I.
CHAP.
XXIII.
The Lord
Deputy's
answer.
Qualifica-
tions of
Serjeant
Eustace.
Unplea-
sant rela-
tions.
The Lord Deputy's Answer.
' My Lord,
' Indeed I am not able to resolve your Lordship,
whether Mr. Serjeant Eustace or Mr. Alexander be the
elder man ; only I know the one is the King's Serjeant, and
the other is not ; which enables him, or at least qualifies
him, to be trusted as a Judge of Assize before the other ;
and know I do, too, that to those who know them both,
the Serjeant is held as able in his own profession. Besides
(but that I am not apt unnecessarily to touch personally
upon any), something I could have mentioned in Mr.
Alexander's particular which doth not render him alto-
gether fit for such an employment. In fine, I hold places of
that honour and trust, as are Judges of Assize, not decently
communicable with every ordinary Counsellor-at-Law,
and that I am very confident that Mr. Serjeant Eustace is
well provided with all the necessaries requisite for that
journey and employment; to wit, with learning and in-
tegrity ; for, as concerning the rest, his journey to Trim is
not so far, or his stay there like to be so long, as that he
shall need to overburden his horse ] with the weight of
his sumpter or other carriage. And so not doubting but
that your Lordship will have that regard to the honour and
good of His Majesty's service that ever best becomes us all.
' I remain,
' Your Lordship's very affectionate friend,
' WENTWORTH.
'Naas: April 15, 1637.'
As no further correspondence is published, it is fair to
infer that the Lord Chancellor did not reply to this letter
from his 'very affectionate friend.'' The terms of this last
rankled in his mind ; and the next letter to which I direct
my reader's attention shows the relations of the Lord
Chancellor and the Government were 011 a most un-
pleasant footing. In fact, the Chancellor's conduct in his
Court had caused grave complaints to be made to the
1 Judges of Assize travel differently now.
LORD LOFTUS OF ELY, CHANCELLOR. o29
King. Mr. Secretary Coke wrote thus to the Lord CHAT.
J xxiii.
Deputy : — >— — , — -*
' Eight Honourable.
'It displeaseth His Majesty very much, that the Lord Letter
Chancellor, so great and ancient a Judge, and who best secretary
answers.
understandeth how to make perfect answers, should now
by three imperfect answers to your Lordship ' and the Deputy.
Council Board show disrespect to justice, and so much Lord
dishonour both to your Lordship and the State. For ceiiors
prevention, therefore, of further publick scandal to the
\ .
Government by so eminent an example of contempt, His
Majesty thinketh fit and requireth your Lordship (if he
persist in disobeying the orders of your Lordship and the
Lords) to take the Seals from him, and then to proceed
with such compulsory means as law and justice do require.
And yet His Majesty, calling to mind his Lordship's former
services, and considering his old age, is graciously pleased,
if he conform himself by answering more perfectly, and by
obeying and performing the decree that shall be made
thereupon, then your Lordship may restore the Seals to The Seal
him, which, if he continue in his contempt, will be other-
wise disposed of.
' Your Lordship's
' Most humble and obedient Servant,
' JOHN COKE.
•Whitehall: April 25, 1637.'
The manner in which the Lord Chancellor received Chancellor
these friendly admonitions was not calculated to make his
further tenure of the Great Seal more protracted. On
January 15, 1639, his successor was appointed in terms
strongly condemnatory of the Chancellor's conduct.
( Whereas, upon a full and deliberate hearing before us
and our Council of several of the misdemeanours and irre- Sentence
gularities charged against the Viscount Loftus of Ely, our
Chancellor of Ireland, he hath been by Ourself and our
1 Evidently concerning some memorials which the Lord Deputy required to
have answered by the Chancellor.
l
330
EEIGN OF CHAELES I.
CHAP.
XXIII.
Sir
Eichard
Eolton
appointed.
Lord
Loftus
resides at
Monas-
terevan.
His estate
given to
Lord
Drogheda.
said Council, declared unfit to hold that place any longer ;
and, forasmuch as it is most fitting that our justice, in a
place of so great eniinency, should be administered to
our subjects in that kingdom by a person both of approved
integrity and judgment, we have resolved to confer that
place of Chancellor upon our right trusty and well-beloved
Counseller, Sir Richard Bolton, Knight, now Chief Baron
of our Court of Exchequer there, of whose integrity, abi-
lities, and faithfulness, both in our service, and in the
execution of the place which he now holds, you have
given us so good testimony ; we, therefore, direct you to
pass patent to him accordingly, &c. And our will and
pleasure is, that you cause our Great Seal of that our
kingdom, formerly sequestered by our directions in the
hands of certain Commissioners, to be received from them
and delivered to the said Sir Richard Bolton, with that
ceremony in such cases usual.' l
After the summary proceeding which deprived Lord
Loftus of his office, the noble Ex-Chancellor retired to his
beautiful seat, now called Moore Abbey, at Monasterevan,
where, in ancient times, a famous bell was kept, said to
have belonged to St. Ernhan;2 and, on solemn trials, it
was sworn upon by the litigants. At the time of the sup-
pression of monasteries in Ireland, Monasterevan was
granted to George Lord Audley, from whom the Chan-
cellor, Lord Loftus, purchased it. Here he resided ; and,
on the marriage of his daughter Alice with Charles,
Second Viscount Drogheda, Lord Loftus settled Monas-
terevan upon the young couple, which brought this pro-
perty into the Moore family, when it acquired the name of
Moore Abbey.3
1 15, lla pars. E. 11. Pat. Dublin, January 15, 1639.
- Hence Monaster Emban or Evan.
3 To show bow little reliance can be placed on tradition, I may cite an
extract from the account of this fine mansion, in a work of generally correct
information. ' Adam Loftus, Viscount Ely, held the Court of Chancery during
the rebellion of 1611 in the great hall of the monastery yet in being, lined
with fine Irish oak.' — Anthol. Hib. vol. ii. p. 114:. Lord Ely was removed
from the Chancellorship two years previously, so he never held any court in
the house.
AFFAIES OF IRELAND. 331
At this time the horizon of Irish politics, seldom brig-lit CHAP.
XXIII
was lowering and overcast. Lord Wentworth had, in - _ _, _ _
obedience to the King's command, returned to England,
where he received the Garter and Earldom of Stratford.
There the Irish Parliament, hostile to the King and his
favourite, appointed a Committee to lay their grievances
before the King. They were gladly welcomed by the
English malcontents, eager to put both King and Minister
to death. Strafford was summoned to London, and forth-
with committed a prisoner to the Tower. During his Strafford
absence the King desired to make the Earl of Ormond Tower.
Viceroy, but was compelled by the Committee to nominate
two Puritans, Sir John Borlase and Sir William Parsons,
Lords Justices. The Committee pressed on the impeach- L01^
ment of the Earl of Strafford, and the Irish House of ijoiton and
Commons impeached Sir Richard Bolton, Chancellor, the
Chief Baron, and other high personages.
At the breaking out of the Civil War in 1641, a pro- Proclama-
clamation was issued by Sir William Parsons and Sir
John Borlase, the Lords Justices and Privy Council, re-
citing ' That there is a discovery made by us, the Lords
Justices and Council, of a most disloyal and detestable
conspiracy, intended by some evil-affected Irish Papists,
against the lives of us the Lords Justices and Council and
many others of His Majesty's faithful subjects universally
throughout this kingdom, and requiring all to stand on
their guard, and shew their faith and Loyalty.' This was
signed, amongst other of the Privy Council, by Adam
Loft us. It called forth a speedy remonstrance from the
Catholic Lords of the Pale ; for, by the words ' Irish Catholic
T 1 f
Papists,' there being no distinction, they might doubt fended.
themselves involved ; to remedy which error the Lords
Justices and Council, being tender l lest these noblemen
might take umbrage at this expression, published and Proclama-
proclaimed ' That by the words Irish Papists they in-
tended only such of the old meer Irish in the province of
1 Vide Eorlase, Irish Kebcllion, p. 22.
332
REIGN OF CHARLES I.
CHAP.
XXIII.
Death of
Lord
Loft us.
Sir Chris-
topher
"Wandes-
ford.
Ulster, as had plotted that treason, and none of the old
English of the Pale.'
The struggle between the Confederate forces and those
of the Protestant party soon involved the property of the
Ex-Chancellor, as well as of others who shared his prin-
ciples, in ruin and destruction. It is stated that before
February 5, 1642, he lost to the value of 8,3307. and
2,1067. a-year.
Having left Ireland, fearing the consequences of his
being taken prisoner, he resided at Middleham, in York-
shire, where he died, and is buried in the church of
Corkhana.1
Among those who were advanced to places of dignity
by Wentworth, while Viceroy of Ireland, was Sir Chris-
topher Waiidesford, whom, at Weiitworth's instigation,
King Charles I. appointed Master of the Rolls in Ireland.
He was distinguished for his knowledge of the laws of
England, and was one of the eight managers of the im-
peachment of the Duke of Buckingham. In 1633, he was
offered the post of Ambassador to the Court of Spain, but
preferred accompanying his dear friend Wentworth into
Ireland. He resolved to attach himself to the country, for
he bought a fine mansion in Dublin, extending from Dame
Street to the Liffey, with orchards and gardens, and a
fine view of the port from Ringsend. He also built the
Rolls Office at his own cost, a stately brick building, three
stories high, containing a large muniment-room, the
walls of which were panelled with presses of oak, con-
taining compartments for the records of each King's
reign, and the year legibly marked, so as to be easy of
1 Lodge's Peerage of Ireland, vol. viii. p. 247.— The title now borne by the
Loftus' family is Marquis of Ely. Charles Tottenham, Esq., M.P. for the
borough of New Ross, in the Irish Parliament, was grandfather of the first
Marquis of Ely. He was popularly called ' Tottenham in his boots;' braving
the agony of gout, and bad roads, while riding post haste from his seat in
Wexford to Dublin, when the question, ' whether the surplus money in the
Irish treasury should be kept in Ireland or transmitted to England.' As the
Irish members attended Parliament in full dress, Tottenham, who was hardly
in time to give the majority in favour of Ireland, had no time for dressing, and
turning the scale for the country, earned the name of ' Tottenham in his boots.'
AFFAIRS OF IRELAND. 333
reference. Offices for clerks, and rooms for the con- CHAP,
venience of business were also provided. He set up a -1.1-, — 1^
table of fees for public inspection ; and a table of penalties
consequent upon the transgressions of these orders Avas
annexed.
He purchased an estate in the County Kildare, where
he completed a book of instructions to his son, which
bears date 5th Oct., 1636. This property was sold to the
Earl of Strafford.
Sir Christopher Wandesford also purchased the ancient
inheritance of the O'Brenan's in the County of Kilkenny,
and here he encouraged Irish trade and manufactures,
by erecting a cotton-mill and working a colliery. He
received from King Charles I. the title of Baron Mow-
bray and Viscount Castlecomer. He died in 1640, it is
said, of grief for the sad fate of his early and lifelong
friend, the Earl of Strafford.
Before taking leave of this unfortunate Minister for the Ireland
present, I subjoin an extract from the present Chief Stafford's
Justice Whiteside's Lectures on the Irish Parliaments,
alty.
which contain a brief notice of the strides made in Irish
prosperity while he was Chief Governor : ' Ireland, under
the strong Government of Strafford, was tranquil and
prosperous, as she was under Harry VIII. Her com-
merce increased vastly ; her manufacture of linen, under
the auspices of Strafford began, grew, and flourished ; her
revenue was large, she paid her debts, and yet her ex-
chequer was full. We must admit that as a ruler he was
suited to his time, and equal to his work, and that Ireland
emerffmcr from confusion and rebellion could not have
o O
been entrusted to firmer hands.' l
1 Life and Death of the Irish Parliament, pt. i. p. 62.
334
REIGN OF CHARLES I.
CHAP.
XXIV.
Sir
Richard
Bolton.
Born in
Stafford-
shire.
Great men
in his time.
Publishes
the Irish
Statutes.
CHAPTER XXIV.
LIFE OF SIK RICHARD BOLTON, KNIGHT, LORD CHANCELLOR OP
IRELAND.
SIE RICHARD BOLTON was a native of England, born in
Staffordshire towards the close of Queen Elizabeth's reign.
At this eventful period the intellectual world made great
strides, not only in literature, but in law, not merely in
belles lettres but black letters. Great names were and are
familiar to the student. Shakespeare and Spenser gained
renown in literature ; Coke, Bacon, Ellesmere, and other
able lawyers won fame in the legal annals of their native
land. These men were the architects of their own for-
tune, and, no doubt, their success fired the mind of young
Richard Bolton and made him apply himself to the study
of the law. Having been called to the Bar, he resolved to
try his fortune in Ireland, and the result proved the
sageness of his plans.
He had been a diligent and attentive student, and the
paucity of legal works, relating to Ireland, struck him at
once. Here, then, was an opening to introduce him to
the profession in Ireland, so he resolved to make himself
known as a legal a.uthor. He selected for his first work,
the Statutes of Ireland. ' The History of the Statutes ' is
the most correct guide to the social and political con-
dition of a country.1
In the year 1621, Mr. Bolton published ' The Statutes of
Ireland,' beginning the third year of King Edward II.,
and continuing to the llth James I., which he examined
with the Parliament Rolls. In the dedication of this
volume to the Lord Deputy, the Right Honourable Sir
Oliver St. John, he says, * Considering that many good
Whitcside's Lectures on the Irish Parliament, p. 29.
LIFE OF LORD CHANCELLOR BOLTON. 335
Statute laws, of force in this kingdom, were never hitherto CHAP.
XXIV
imprinted, and (upon search), finding that, for want of - — -, — '-*
imprinting many others were perished and lost in these Reasons
troublesome and miserable times of rebellion, which hath taking this
been in this kingdom, and finding also, by experience, Wjrk-
that the printed books of these Statutes, which were
formerly printed, are so few, that there be not sufficient
to furnish only the practisers and Judges ; so as both the
common people, and some of the professors of the law,
yea the Judges themselves, did want the ordinary means
to attain the knowledge of the Statute laws, and were
constrained very often to have recourse to the Parliament
Roll. And finding also, by daily experience, that Justices
of the Peace, sheriffs, constables, and other officers, fall
short 111 the execution of their offices, to the great detri-
ment of the commonwealth, I resolved to peruse all the
Pai'liament Eolls which are extant, and to extract such
Statute laws as were general, or concerned the general
good, which I did accordingly ; and after your Lord-
ship's perusal, they were again perused by the Chief
Judges and Master of the Polls, and by them allowed to
be imprinted, together with so many of the Statutes for-
merly imprinted not repealed. Howbeit some few of obsolete
those Statutes, formerly printed, are by the alterations of Statutes-
the times grown out of use — especially those concerning
Marchers — and those distinguishing between English and
Irish, and persons amenable and not amenable to the
law, are by implication, and good construction of 38 Hen.
VIII., 3 & 4 Phil. & M. and 11 Eliz. fully repealed. For ir;sh no
now Irish are no enemies, but subiects, with the full lon?T
' ... enemies.
benefit of the laws : and all Ireland is divided into coun-
ties, and the King's writ doth now run ' into all parts
thereof, so as now every man is amenable to the law, and
may be punished for every offence by the ordinary course
of justice. Yet the Judges and Master of the Rolls Old sta-
thought fit that these Statutes, which had been formerly
use.
1 Previously it was humorously said, 'In remote parts of Ireland the King's
writ never ran, except when it ran mi-ay.'
336
REIGN OF CHARLES I.
CHAP.
XXIV.
He is
knighted.
First At-
torney of
the Court
of Wards.
Chief
Baron, and
member of
the Privy
Council.
To retain
his office
in the
Court of
Wards.
Lord
Chancellor
Loft us at
variance
with suc-
cessive
Viceroys.
printed and were not expressly repealed, should be printed
again, lest matters of moment were omitted, and though
these Statutes were obsolete, they may well serve for an
historical use, whereby the judicious reader may partly
observe the state of the Church and Commonwealth in
those times.' The work was well received, and gained the
learned compiler a high reputation, which recommended
him for official rank.
Bolton's legal ability was not confined to writing trea-
tises. He was regarded as an excellent lawyer, and received
the honour of knighthood. He rose rapidly in his profes-
sion, for once attornies feel confident their business will
be well done, they push the rising Counsel rapidly forward.
On the revival of the Court of Wards, 1 Charles I., the
offer of First Attorney of that Court was granted to Sir
Richard Bolton.1 A higher place was shortly added. On
the death of Sir John Blennerhassut, Chief Baron of the
Exchequer, he was nominated his successor, and, by the
same letters patent, appointed a Member of the Privy
Council of Ireland.2 The Master of the Court of Wards,
Sir William Parsons, felt reluctant to part with so efficient
a colleague, and made such representation to the Go-
vernment of the assistance he received from Sir Richard
for raising the Crown revenues in that Court, and in
despatching affairs then depending there, and the loss
which must be sustained by his removal before the
tenures and revenue were better settled, that the King,
by letters patent, licensed him to hold both offices.3
The relations between Lord Chancellor Loftus and the
Government had long been of an unpleasant nature.
Complaints prevalent against the Chancellor while Lord
Falkland was Viceroy had been renewed repeatedly
during the time Lord Wentworth held office, and as no
O 7
amount of remonstrance effected any change in the Chan-
cellor, there remained only the alternative of his removal
from the Bench. This was ultimately effected, as we have
seen, in terms the reverse of complimentary to the out-
1 Morrin's Calendar Pat. and Close Rolls. Clianc. Ir. vol. iii. p. 3.
• Id. p. 25. 3 Id. p. 26.
LIFE OF LORD CHANCELLOK BOLTON. 337
going Chancellor. His Lordsliip, however, remained of CHAP,
the Privy Council, was secure in the possession of a large ^ \ j_^
fortune and a title, no small consolation to a discarded
Judge. On the removal of Lord Loftus, in January 1639,
Sir Richard Boltoii was appointed Lord Chancellor of
Ireland. cellar.
At this time the salary of the Lord Chancellor received
a very considerable increase. The King, considering the
great trusts and weighty employments incident to the
office, and the great charges and expenses which the
Chancellor must necessarily undergo for the decent and
honourable support of the dignity of this post, and the
acceptable services done by Sir Richard to the King, and
the late King James, as also of the smallness of the stand-
ing fee and perquisites belonging to the office, for his
better support gave him 6001. a-year, during his continu- Addition
ance in that office.1 No doubt the disgraceful state of of500^
. a year.
affairs which existed in England induced the King to
make some eifort to prevent wholesale trading in offices
in Ireland. We read that when the Mastership of the
Rolls was vacant in England, Sir Charles Ceesar applied
to Archbishop Laud for advice and assistance a.bout the
vacancy, who said that, ' as things then stood, the place
was not like to go without more money than he thought
any wise man would give for it.' Sir Charles paid 15,000/.
for the office with a loan of 2,OOOL to the King ; but
Charles I. had some compunction, and returned 3,000/.,
paid by Doctor Back on the death of Sir Charles
Caesar.2
The new Lord Chancellor discovered lie was to undergo
some of the annoyances and troubles that made the wool-
sack to his predecessor as stinging as a bed of thistles.
He was obliged, from the nature of his position, to bear unpopn.
some share of the odium which sprang from the measures larity ot'
J. ™ ,1 T'*
T 1 10 \ ii~*p—
of the Lord Deputy, Wentworth, afterwards Earl of Straf- roy.
ford. This steadfast friend, but unfortunate adviser, of
1 Privy Seal, West. July L>, Hiid Patent, Dublin, August 26, 1640,
2 Foss's Judges of England, vol. vi. p. 208.
VOL. I. Z
338
EEIGX OF CHAELES I.
CHAP.
XXIV.
Commis-
sion for
enquiry
into de-
fective
titles.
The Gal-
way jury.
Impeach-
ment of
Lord-
Chan-
cellor,
A.D. 1640.
Committee
of forty-
four
members.
Articles :
1. For con-
spiracy to
subvert the
laws.
Charles I. was alike unpopular with the nobles and hum-
bler classes in Ireland. His haughty bearing rendered
him arrogant to the one and insolent to the other. He
resolved to gain the Province of Connaught for distribu-
tion among his partisans, and to plant it as James I. had
planted Ulster, and with this object a Commission of En-
quiry into defective titles was issued. He expected that
this project would sweep away the old Catholic proprietors ;
but the Sheriff of Galway did not pack a jury who would
find for the Crown. The baffled Deputy was enraged ; he
fined both sheriff and jury as his revenge. The decision of
Judges at this period, when they acted with subserviency
to the Crown, was regarded, as, no doubt it often was, con-
trary to law, and the Commons resolved on impeaching
the Chancellor and other Judges and Privy Councillors,
supposed to be aiders and abettors of the arrogant Vice-
roy. This was the pretext, but another motive also actu-
ated them — a desire to prevent the Lord Chancellor and
others giving evidence in favour of the Lord Deputy, then
imprisoned by the English Parliament.
Articles of Impeachment of the House of Commons of
Ireland against the Lord Chancellor, Sir Richard Bolton,
Knight ; John, Lord Bishop of Derry ; Sir Gerard Low-
ther, Knight, Lord Chief Justice of the Common Pleas ;
and Sir George Ratcliffe, Knight, were prepared by order
of the House, dated February 27, 1640. The Committee
appointed to prepare these charges numbered no less than
forty-four members, and the list undoubtedly contains
names well known in the profession of the law.
On March 5 they had the Articles prepared in the fol-
lowing order : —
' First that they, the said Sir Bichard Bolton, Knight
(with the others as above), intending the destruction of the
Commonwealth of the realm, have traitorously confede-
rated and conspired together to subvert the fundamental
laws and government of this kingdom ; and, in pursuance
thereof, they, and every of them, have traitorously con-
trived, introduced, and exercised an arbitrary and tyraii-
LIFE OF LORD CHAXCELLOE EOLTOX. 339
nical crovermnent against Law throughout this kingdom, CHAP.
XXIV
by the countenance and assistance of Thomas, Earl of ..I \ — 1-
>Strafford, then chief Governor of this kingdom.
' Secondly, that they and every of them, the said Sir 2.
Richard Bolton, Knight, Lord Chancellor of Ireland, (and power.
the others,) have traitorously assumed to themselves, and
every of them, Royal Power over the Goods, Persons,
Lands, and Liberties of his Majesty's subjects of this
Realm ; and likewise have maliciously, perfidiously, and
traitorously given, declared, pronounced, and published
many false, unjust, and erroneous Opinions, Judgments,
Sentences, and Decrees, in extrajudicial manner, against
Law; and have propitiated, practised, and done many
other traitorous and unlawful Acts and things, whereby
as well divers Mutinies, Seditions, and Rebellions have
been raised, as also many thousands of his Majesty's
Liege People of the Kingdom have been ruined in their
Goods, Lands, Liberties, and Lives ; and many of them
being of good Quality and Reputation, have been utterly
defamed by Pillory, mutilation of Members, and other in-
famous punishments ; by Means whereof his Majesty and
the Kingdom have been deprived of their services in Jiiries
and other public employments, and the general Trade
and Traffick of this Island, for the most part, destroyed,
and his Majesty highly damnified in his Customs and
other Revenues.
' Thirdly, that they, the said Sir Richard Bolton, Knight, 3. For
Lord Chancellor of Ireland (and the others), and every of
them, the better to preserve themselves, and the said Earl
of Strafford, in these and other traitorous courses, have
laboured to subvert the rights of Parliament, and the an-
tient courses of Parliamentary Proceeding ; all which
offences were contrived, committed, perpetrated, and done
at such times as the said Sir Richard Bolton, Sir Gerard
Lowther, and Sir George Radcliffe, Knights, were Privy
Councillors of State, within this Kingdom, and against
J o y o
their, and every of their, oaths of the same : and at such
time as the said Sir Richard Bolton, Knight, was Lord
z 2
340
EEIGN OF CHARLES I.
CHAP.
XXIV.
4. Im-
peached
for high
treason.
Applica-
tion re-
specting
the Bishop
of Derry.
Delay in
the Courts.
Chancellor of Ireland, or Lord Chief Baron of the Court
of Exchequer, within this Kingdom, and Sir G. Lowther,
Chief Justice, and John Lord Bishop was Bishop of
Derry, contrary to their and every of their Allegiance and
oaths.
' Fourthly, for which the said Knights, Citizens, and
Burgesses do impeach the said Sir Richard Bolton, Lord
Chancellor (and the others), and every of them, of High
Treason against our Sovereign Lord the King, his cause
and dignity.' l
While these proceedings were impending, it appears to
have been the opinion of the Irish House of Commons
that the Lord Bishop of Derry would give them the slip,
for on May 21, 1641, a message was sent to the Lords,
' that it is the desire of this House that they would be
pleased in regard the Lord Bishop of Derry lyeth so near
the water, to appoint his Lordship a more secure lodg-
ing.
' 2
The King's
letter.
Impeach-
ment
abandoned
There was considerable vexation and delay amongst the
legal profession, resulting from these proceedings. The
Court of Chancery could not sit without its Chancellor;
nor the Court of Common Pleas without the Chief Justice;
nor the Star Chamber without both.
While the proceedings were pressed forward in the
Commons, the Lords Justices and Council did everything to
create delay, and we cannot but be amused at the entry in
the Journals of the Commons of Ireland, when the Speaker
and Members returned from the Council Board, and re-
ported to the House the Lord Justices 'had reminded
them of the King's letter concerning precedents to be
found out for the right of judicature in the Parliament
of Ireland, that another thing was concerning Tobacco.' 3
At length, on July 10, 1641, the Lords Justices desired
' that the House would forbear proceeding of the Lord
Chancellor and the Lord Lowther upon the impeachment ;
that they were advertised from England about judicature
in capital cases ; that they would forbear examining wit-
' Com. Jour. Ir. vol. i. p. 198. - Id. p. 210. " Id. p. 239.
LIFE OF LORD CHANCELLOR BOLTON. 341
nesses in that behalf.1 These high judicial personages, CHAP,
unwilling so great a cloud should rest on their reputation ^ \ 1^
as was implied by these grave charges, presented a peti-
tion to the House upon the subject with a view of clearing
their characters, whereon, after debate, it was fully re- The Chan-
11 I
solved 'that the House should proceed no further upon chief Jus-
the said Articles of Accusation against the said Lord tice require
Chancellor and Lord Chief Justice ;'* and thus terminated raeters to
an attempt to bring obloquy upon these two exalted be cleared-
Judges.
The Chancellor sought consolation for the sufferings he
o o
underwent in the pleasures of literary employment. The
want of some manual for the assistance of Justices of the
Peace in Ireland was much felt, and with the view of sup-
plying that deficiency, Sir Richard prepared a work, ' A Boiton
Justice of the Peace for Ireland,' consisting of two books. « The Jus-
The first declaring the exercise of that office bv one or tieeofthe
3?6fiC6 for
more Justices of the Peace out of Sessions ; the second, Ireland.'
setting forth the form of proceedings in Sessions — the
matter to be enquired into — with precedents annexed.3
I believe that once a man gets a taste for writing, it
grows upon him, and he can no more resist its influence
than the tree the expansive powers of spring and summer.
The leaves must come, the boughs must grow, the trunk
expand, the author write. Amid the conflict of civil wars
and contending parties, sufficient to distract any but the
most diligent writer, Sir Richard Bolton was penning his
law works patiently and perseveringly. In addition to Rules for
those already mentioned, he wrote * Rules for a Grand juropn
Juror, or Articles given in Charge to and Enquired of by
the General Quarter Sessions of the Peace.' 4
In the reign of Charles I. the dignity of the Coif5 was Coif
granted to
'^Commons' Journal, Ir. vol. i. p. 253.
" Id. p. 298.
3 Published in Dublin in 1678 and in 1683, folio.
4 Dublin, 16S1, 4to.
5 It is a mistake to suppose, as has been the case, that the black patch in
the crown of the Serjeant's bar wig, is the Coif ; the Coif is a circular piece of
white lawn, lying beneath the black cloth or silk. The ancient Coif was made
342
REIGN OF CHAKLES I.
CHAP, granted to the Irish Judges. The patent states that,
XXIV
JJ-, — L- ; Taking into our princely consideration the state of our
Judges and Serjeants-at-Law, both in England and Ire-
land, and how much it concerns us to countenance and
encourage them in their several employments and places,
particularly calling to mind the many great and effectual
services performed by many of our Judges in that our
realm of Ireland. We are graciously pleased to signify
unto you our Royal pleasure to advance them all, both
Judges and Serjeants, in that our realm, unto the state
and degree of Serjeants of the Coif; in the same sort,
quality, and degree, as, time out of mind, hath been used
in this our realm of England for all our Judges of our
Courts of King's Bench, Common Pleas, and sundry of
our Barons of the Court of Exchequer, and Serjeants-at-
Law ; to the end therefore the said Judges of both our
Benches, and also our Barons of our Exchequer, and our
Serjeants-at-Law, in our Kingdom of Ireland, may be
dignified with the like state and degree of Serjeants-at-
Law and of the Coif, as our Judges and Serjeants-at-
Law here in England are. We do hereby authorize and
require you to cause several writs to be framed and made
Writs in our Courts of Chancery, under our Great Seal, to be
Great Seal, directed to such of our several Judges and Serjeants there
respectively as are not already of the Coif, thereby com-
manding and enjoining every of them, at the several days
therein respectively to be appointed, to ordain and pre-
pare themselves to take upon them the state and degree
of Serjeants-at-Law, and that they do, after their said
several writs returned, together with the Coif, take upon
Irish them the very same form and fashion of robes, habits,
Judges to ^ o£}ier ornaments, as are used here by our Judges in
wear robes, J
&c., as England, according to the several degrees and places in
Court.' »
of white silk or lawn, and covered the Serjeant's skull, to which it was fastened
by strings tied beneath the chin. Over the white, the Serjeant vore a black
Coif cap, still preserved in the black cap, which the judge assumes when passing
sentence of death. Common-law Judges in the seventeenth century wore the
Coif and cap, which •vpre exchanged for wigs in the days of the Restoration.
1 Westminster, Oct. 7, 1639. 15 Charles I. 2a pars fac., R. 56.
English.
LIFE OF LORD CHANCELLOR BOLTON. 343
the years from 1641 to the arrival of Cromwell CHAP.
XXIV.
there was little law business transacted. The country was ^__, — _^
desolated by internecine strife.
Sir Richard Bolton was Lord Chancellor in 1641, when, Arrest_of
011 October 26 in that year, Conor Maguire, Baron of En-
iiiskilleii was arrested in Cook Street, Dublin, a narrow
and poor street running parallel to the Liffey.1
In the reign of Kino- James I. the Dean's house of Temporo
-y -I
Christ Church was devoted to the use of the Judges for '
holding the Courts of Law. They were held, previously,
in the Castle of Dublin, but this being found inconvenient,
the precinct or close of Christ Church was selected as
1 On the 2nd of November the following informations were made before the Jnforma-
Lord Chancellor and Sir Gerard Lowther, Knight, Chief Justice of the Common tions.
Pleas : — ' Charles Kinselogh of Dublin sayth, that about six o'clock on Saturday
morning he heard a knocking at his dour, and when opened, there came in a
servant of the Lord Maguire's, who asked for good ale, and as he had none, sent
examiuant's boy for some, when the boy returned, he told examinant that ten
thousand Scots were drawing near the town.' Whereupon the servant said,
' That the gates were shut, and he could not come to my Lord his horses."
Then this examinant asked, ' If the Lord Maguire was up?' and was told he
was, that he the servant had left him at his lodgings at Nevill's house in
Castle Street, about to rise. Having called fat his Lordship's, and not finding Lord
him within, he traced him to one Kearnan, a tailor's, in Cook Street, who Maguire
worked for him, and found his Lordship lying on a bed in a cock-loft, with an concealed
old caddowe wrapped about him. His Lordship told examinant that his life, . '„
and goods, and all he had, were in examinant's hands, and desired him, if pos-
sible, to remove him secretly out of that house. They then planned a disguise,
and his Lordship desired examinant to walk abroad and hear what news there
was, so he left and locked the door.
While he had been away, John Woodlock, one of the sheriffs of Dublin city,
with some others, were on the search for Lord Maguire, and having traced him also
to the tailor's in Cook Street, found a number of swords, petronels, pistols, and
skeins, which the tailor declared he knew nothing of, or how they came into
his house. These being shown to the Lords Justices and Council of Ireland,
they commanded a close search, and his Lordship was found where Kinselogh
had left him, in the cock-loft with a cloak wrapped round him. This noble-
man with several other influential Irishmen, including Roger O'More, Sir
James Dillon, MacMahon, Plunkett, Hugh Byrne, and Philip Brady, devoted
Royalists, finding the measures which Charles the First intended for the redress
of Irish grievances thwarted by the Lords Justices, resolved to seize them and
the Castle of Dublin. For this purpose two hundred men were to hold them-
selves in readiness within the walls of Dublin on an appointed day, and a
general revolt was to take place throughout the provinces. A spy, as usual,
was among the conspirators, the project was disclosed to the Lords Justices,
and Lord Maguire and MacMahon were arrested.
344
THE COMMONWEALTH.
CHAP.
XXIV.
Trial of
Sir Phelim
O'Neill in
Irish
Chancery
Court.
Death of
Sir
Hi chard
Bolton.
Decrees in
Chancery
during the
reign of
Charles I.
more central, being situate in the heart of the city. The
Dean's house was let to the Irish Government by the Dean,
and Chapter on moderate terms- — ten pounds a year.
The Court of Chancery was occasionally used for try-
ing- other than Equity suits. In A.D. 1652, Sir Phelim
O'Neill was tried in the Chancery Court, where the Judges
sat, and were directed what questions they should allow
by a Committee, who placed themselves in an adjoining
room, called the Chancery Chamber. A communication
was kept up between this Committee and the Judges by
means of a messenger, who went constantly between them,
relating to the Committee all proceedings that passed in
the Court, and bringing their instructions to the Judges
on every occasion, speaking to them through a square hole
in the wall.
There is a good deal of uncertainty as to the later days
of the Ex-Chancellor Bolton. He probably returned to
his native country, for Ireland under the sway of Crom-
well could have no charm for him. His death is alleged
to have taken place about the year 1650.1
During the reign of Charles I. the Court of Chancery in
Ireland was in full work. I find the number of decrees
enrolled is seven hundred and twenty-six, and as there
were several appeals from the decisions of Lord Loftus,
the duties of Judge and counsel must have been pretty
severe.
1 2 Ware, p. 53.
COMMISSIONERS OF THE GEE AT SEAL. 345
CHAPTEE XXV.
CUSTODY OF THE GREAT SEAL DURING THE COMMONWEALTH.
IN July, 1654, Oliver Cromwell had reached very nearly CHAP,
the summit of his ambition. He was King in all but the __!
name. He was Protector of Great Britain and Ireland, Lord Pro-
styled ' His Highness,' and surrounded by the insignia of tector.
sovereign power. When opening Parliament, 011 Septem-
ber 3, 1654, he proceeded to Westminster in a state coach,
with an escort of Life Guards, attended by the high offi-
cers of State, in their carriages, with the three Commis-
sioners of the Great Seal of the Commonwealth of Eng- The Great
land, Whitelock, Lisle, and Widdrington. This Seal had, &*! of the
Common-
on one side, the map of England, Ireland, Jersey, and wealth.
Guernsey, with the Arms of England and Ireland, and the
inscription, 'The Great Seal of England, 1648.' On the
other side, the interior of the House of Commons, the
Speaker in the chair, with the inscription, ' In the first
year of Freedom, by God's blessing restored, 1648.'
Having thus changed the Great Seal, and the title of the
Keeper in England, the Lord Protector turned his atten-
tion to Ireland, and appointed three Commissioners of the Commis-
Great Seal of Ireland, RICHARD PEPYS, Chief Justice of sionersf
appointed
the Upper Bench ; l Sir GEEAED LOWTHEE, Chief Justice by Oliver
of the Common Bench ; and MILES COEBET, Chief Baron of °™™ 655.'
the Exchequer; but they held the Seals only one year.
The letter, under the Privy Seal, directed to Fleetwood,
then Lord Deputy, notifying their appointment, is dated
from Whitehall, June 14, 1655. It informs the Deputy
' that three Commissioners of the Great Seal of Ireland,
shall have power to rule and manage the business of the
1 During the Commonwealth, to suit the Republican notions, the title of the
Kings Bench was the Upper Bench.
346
THE COMMONWEALTH.
CHAP.
XXV.
Powers
and duties.
Chief Com-
misxiouer
Pepys.
Parentage.
His uncle.
A law
student.
Header in
1640, and
treasurer.
Serjeant.
Baron of
the Ex-
chequer in
England.
Chief
Justice in
Ireland.
Chancery within that dominion, as the Chancellor or
Keeper of the Great Seal there in times past, and shall so
continue until otherwise ordered. That the Deputy, on
receipt of the Great Seal, sent him by Sir John Temple,
Knight, Master of the Rolls of Ireland, should deliver it
to the said Commissioners.'
Although not of the high rank of Chancellors, these
Commissioners of the Great Seal properly come within
the scope of this work, so as to have their lives recorded
in its pages.
THE CHIEF COMMISSIONER, RICHAED PEPYS, was an ex-
cellent Judge. The family of Pepys in England, like that
of Plunkett in Ireland, has given distinguished members
to every branch of the legal profession. As Mr. Foss well
observes, ' In the family of Pepys is illustrated every
gradation of legal rank, from Reader of an Inn of Court to
Lord High Chancellor of England." Richard was son of
John Pepys, of Cottenharn, in Cambridgeshire, whence
the learne 1 occupant of the English woolsack in our day
took his title of Lord Cottenham. Richard's mother was
Elizabeth Bendish, daughter of John Bendish, of Steeple
Bumpstead, in Essex. An uncle, named Talbot Pepys,
was Reader at the Middle Temple in 1623 ; and it is very
likely that from him young Richard acquired his taste for
law and desire to become a barrister. Whatever influenced
him, he entered his name at the Middle Temple as law-
student ; and, in process of time, succeeded his uncle in the
post of Reader in the autumn of 1640. A few years later
he was elected Treasurer of the Society. He is named in
Styles' Reports as Counsel in cases therein reported, and
reached the degree of the Coif in 1654. Shortly after,
Sergeant Pepys was appointed a Judge of Assize through
the Midland Counties, and in the following May became
a Baron of the Exchequer in England. His seat on the
Eno-lish Bench was of short duration. In less than twelve
O
months he was called to preside as Chief Justice of the
Upper Bench in Ireland ; and for some period was the sole
Judge of his Court. He lived in times of great party and
1 Foss's Judges of England, vol. vi. p. 467.
COMMISSIONERS OF THE GItEAT SKAL. 34-7
political dissension, and it is much to his credit that no CHAT.
XXV
taint of calumny sullies his name. His appointment as ^J..'^J_^
Chief Commissioner of the Great Seal of Ireland is thus
noticed in Mr. Smyth's Legal History of Ireland : '-
' We do not hear of Pepys as a judicial bloodhound, ChiefCom-
soliciting the properties of convicted criminals ; let us ™1^lonel
therefore presume him reasonably innocent, and transfer Great Seal.
some respect to the father of Samuel Pepys, Secretary to
the Admiralty.'2 This was the writer of the egotistical yet s'
valuable diary. Pepys.
SIR GEKAED LOWTHER, SECOND COMMISSIONER OF THE sir Gerard
GREAT SEAL, Chief Justice of the Common Pleas, is stated 5,^0,^'
to have been a very unprincipled man. He was a native Commis-
m on f*i*
of England, and acquired the rank of Serjeaiit-at-Law. A Serjeant-
Having been appointed Chief Justice of the Common Pleas **"?^"
0 " Chief Jus-
ill Ireland by Charles I., he was sworn of the Privy Council, tice of the
and the King thought so highly of his judgment he ad-
dressed him by letter as follows, in 1 648 : — ' Whereas we
T . -, -. . , . , Councillor.
have special reason to use your advice in matters which Consulted
very much import our kingdom of Ireland ; our will and by Charles
command is, that upon receipt of these, our letters, you
prepare your self to repair to attend our further pleasure
here, at such time as you shall receive directions from
our Justices there to that purpose ; and thereof you shall
not fail as you tender the good of our service, and the
1 Smyth's Law Officers of Ireland. Legal History, p. 291.
J Chief Justice Pepys died in 1658. His death occasioned some difficulty,
for he was the sole Judge of his Court, and if no Judge was appointed be-
fore the Term, then close at hand, great public inconvenience must ensue.
Many causes, civil and criminal, were depending ; there could be no prosecu-
tions in the Upppr Bench, and no Judge could be appointed without a patent
or warrant from Oliver Cromwell, then Protector : in this dilemma the matter
was referred to the Lord Chancellor Steele. He consulted Chief Justice Lowther ;
Chief Baron Corbet ; Sir John Temple, Master of the Rolls ; Sir Robert Mere-
dith, Chancellor of the Exchequer; Mr. Justice Donellan, the Attorney and
Solicitor- General ; and Mr. Loftus ; who were unanimously of opinion, that, upon
the grounds of unavoidable necessity, such as then existed, and to prevent
failure of justice, the Lord Lieutenant might sign a warrant for passing a
patent to some one person during pleasure, and until his Highness's pleasure
ue further known to supply the place of puisne Judge of that Coiirt. This was
acted on, and William Basil, Attorney-General, was appointed. His patent for
Westminster is dated July 21th, 1658.
348
THE COMMONWEALTH.
CHAP.
XXV,
Chief Jus-
tice of the
Common
Pleas
under
Cromwell.
Impeached
with the
Chan-
cellor.
Acquired
large pro-
property.
Miles
Corbet
third Com-
missioner.
Admitted
to the bar.
In arms
against
the King.
Favour-
ably
noticed by
Cromwell.
Employed
in Ireland.
Commis-
sion.
restoring that poor kingdom to some degree of happiness.
Given at our Court at Oxford, October 17, 1643.'
Lowther continued in liis office of Chief Justice of the
Common Pleas during Cromwell's Protectorate, and, as
we have seen, was included by the Irish House of Com-
mons in their impeachment with Lord Chancellor Bolton
and others. ' He acquired,' says Smyth, ' a large landed
property by steering with unprincipled craft through the
boisterous ocean of contemporary troubles, and, dying with-
out issue, left it to relatives or friends.' 1
MlLES COKBET, THE THIRD COMMISSIONER OF THE GREAT
SEAL, was a man after Cromwell's own heart. Resolute,
bold, and of iron will, he united those qualities which had
made the brewer of Huntingdon Protector of three king-
doms. Corbet was of a respectable family of Norfolk, and
having studied law at Lincoln's Inn, was regularly ad-
mitted to the profession ; but, from some cause or other,
abandoned its practice, and taking up arms against the
King reversed the old motto, 'Cedant anna togce.' Here his
courage and skill obtained him distinction which the
Courts of Westminster failed to confer. Cromwell's keen
insight into character made him conscious that Corbet
was a man whose services and talents it would be well to
secure, and whose entire freedom from any scruples of
respect for Royalty, made him a fitting colleague for those
republicans who were resolved to bring Charles I. to the
scaffold. He was accordingly appointed one of the Judges
on the King's trial, and on the day sentence of death was
pronounced, he signed the warrant for the King's execu-
tion. Ireland was a wide field for the labours of Corbet.
It has been, unfortunately, too often the experimental
ground for politicians of all kinds. Hither Corbet came,
and found repose from military duties in the more profit-
able position of Commissioner for Civil Affairs. When the
ruthless work of confiscation and distributing of the
estates of Irish Catholics, which the Cromwellian settle-
ment caused, had been arranged, Corbet claimed as the
1 Smyth's Law Officers of Ireland, p. 292.
COMMISSIONERS OF THE GREAT SEAL. 349
reward for his services to be made Chief Baron of the CHAP.
Irish Court of Exchequer, which was complied with. v_l_: '_^
A project was then started by Fleetwood, Deputy for ^V^fj0
Ireland in 1655, when the Four Courts were about being Baron.
re-established, that two courts — the Chancery and Upper *lcet;
J wood s
Bench — would be sufficient for the country, and that all project.
causes hitherto tried in the Common Pleas could be heard
in the latter. The necessity for the Exchequer did not
enter into his iniiid. ' The lock of the Common Law and
the kejr of the Treasury (to use Lord Coke's phrase) were
to be buried by his fiat,' and for supplying the courts that
were to do the Irish legal work, he offered to provide
Judges. Luckily for the patronage of the profession, and
for the furtherance of justice, his advice was not taken,
and his design was neglected.
Corbet became Chief Baron. He held this important Corbet
office for some years, and acquired a large fortune. The c^""^8
stately Castle of Cloghleagh, the seat of Condon, a power- Baron.
ful Munster chief, with a large tract of fine land, between
the rivers Fuiicheon and Ariglin, situate in a beautiful dis-
trict of the county of Cork, including the present town of
Kilworth, was divided between the Lord-Deputy Fleet- cioghlea«h
wood and Chief Baron Corbet.1 Dissensions existed flvldf-(1
between
between these two. Constantly warring on political
grounds, they could not agree in civil matters, and had a
dispute about the name of this newly-acquired property. Dispute
The Deputy wished to change the Irish name, Cloo-hleao'h, illjout tlle
J . name.
into Kilworth,2 a place near Leicester, where Fleetwood i-ieetwood.
was born. Corbet preferred the old appellation to the llls
way.
new, but was obliged to yield, and thus the Munster town
has a Leicestershire name. The King's Restoration, A.D.
1660, made any portion of the dominions of Charles IT.
dangerous ground for the regicides. Corbet, along with
Colonels Okey and Barkstead, took shipping for Holland, Corbet
taken
1 Cloghleagh Castle forms a striking feature in Moor Park demesne, seat prisoner.
of the Earl of Mount Cashel.
- Kilworth, County Cork, is the birth place of another Chief Baron, who
essentially differs from Chief Baron Corbet, Right Hon. David R. Pigot,
appointed Chief Baron of the Exchequer in Ireland, A.D. 1816.
350
THE COMMONWEALTH.
CHAP.
XXV.
Sentenced
to death.
The last
.sad inter-
view.
where the three were seized at Delft, by Sir George
Downing, the King's resident, under a warrant from the
States General.
Having undergone most cruel treatment, being shut up
in a damp dungeon, heavily ironed, they were taken on
board a British frigate, and on their arrival in London,
were committed to the Tower. On April 16, 1662, they
were conveyed by water to the King's Bench Bar, at
Westminster, to receive sentence of death, having been
already attainted by Act of Parliament for compassing
the death of King Charles I. After evidence given of
their identity, and their own confession, they were sen-
tenced to be executed.1
The last interview between Corbet and his family was
very affecting. When the messengers of death were come
for him, he was hastening away without taking leave of
his wife, which induced some one to say, ' Will you not
speak to your wife before you go ? ' ' Oh, yes ; ' said he,
and then turning back saluted her, committing and com-
mending her to the Lord., he bid her farewell. But she
clinging to him cried out, ' Oh, my dear husband ! my pre-
cious husband ! What a husband I shall now lose ! Whom
I have not prized as I ought, and might have done ! Oh,
what will become of me ! ' At which, although tears were
ready to start from his eyes, yet he conquered himself,
and taking his wife by the hand, said, ' Oh, my dear wife,
shall we part in a shower ? Be contented, God will be a
husband and a father to thee and thine ; ' a,nd so, kissing
her, turned to his son Miles, whom he took by the hand,
and blessed also, and then hastened away, desiring a
friend to stay with his wife and son to comfort them.
He sustained his sad end with courage. A friend told
him endeavours were used to get his body for burial.
' What care I,' he replied, ' what becomes of my body,
when I am dead? Let them do what they will with it;
I bless God my soul is safe ! ' 2 So died Miles Corbet.
Kel ing's
1 State Trials, vol. v. p. 131.
Hep. p. 13.
Vide also 1 Levin's Rep. p. 66.
2 Ibid., p. 1318.
LORD CHANCELLOR STEELE. 351
The Great Seal did not long remain in the custody of CHAP.
~ * XXV
the Lords Commissioners. In 1656, the Lord Protector
nominated WILLIAM STEELE, Chief Baron of the Court of J*mjam
Steele,
Exchequer in England, Lord Chancellor of Ireland, and Lord
this left the three Chiefs of the Irish Courts of Upper Ce]f0nr"
Bench, Common Pleas, and Exchequer, free to attend to A-D- 1656-
the duties of their respective Courts. From the paucity
of Judges this was, indeed, quite necessary.
WILLIAM STEELE, LORD CHANCELLOR of Ireland, was Family of
Cf 1
descended from a respectable race. The Steeles were a k
Cheshire family, long seated at a Moated Grange, named
Giddy Hall, near Sandback. It must not be presumed
that the name of the family-seat had any reference to the
character of its occupants, or if so, the career of the Lord
Chancellor of Ireland forms a very strong refutation, for
the term ( giddy ' had no application to him, Richard
Steele, father of the future Chancellor of Ireland, resided
for some time in the vicinity of London, for the books of
Gray's Inn record that William Steele, eldest son of
Richard Steele, of Finchley, in Middlesex, was admitted a
member of that society, June 13, 1G31, and was called to William
the Bar, June 23. 1637. He was fortunate in quickly o-ettiuo- c.all^d to
" ' the bar,
into good general practice, for, within six years from A.D. 1007.
commencing his legal career, he was a candidate for
the office of Judge of the Sheriff's Court in London ; an
appointment of considerable importance. He had, how- Candidate
ever, a formidable rival in John Bradshaw, afterwards ^Sheriffs
President of the High Court of Justice for the trial of Court.
King Charles I.
Bradshaw was the favourite candidate of the Corpora- Brad-haw
tion in whose gift the appointment lay. The Aldermen freterred<
and Common Council supported him in preference to
Steele, and the latter was defeated. Though not suc-
cessful in this instance, his friends in the city resolv- .1
not to abandon him, and, in 1617, when the prosecution
was entered upon against Captain Bailey for his abortive
effort to rescue Charles I. from the Isle of Wio-ht, its prosecutes
,
conduct was intrusted to him. In this case, as in most
352
THE COMMONWEALTH.
CHAP.
XXV.
Expects
Recorder-
ship of
London.
Attorney-
General.
Is absent
from the
King's
trial.
His excuse.
Hecorery
after the
King's
execution.
others at this period, there was little chance for the
accused, conviction quickly followed after indictment.
Steele displayed so much ability, zeal, and skill, in this
prosecution, that it attracted the notice of Parliament,
and if, as was expected, Mr. Glynne, Eecorder of London,
had resigned that office, then Steele Avas to have been his
successor. Again he was disappointed, for Mr. Glynne
did not vacate the Recordership, and a new employment
was found for the expectant Recorder ; the Commons ap-
pointed him Attorney-General of the Commonwealth to
conduct the case then pending against the King.
This was an office 110 one would like to discharge who
could avoid it, and we find that, when the Court sat on
January 18, 1649, to make arrangements for the King's
trial, the Attorney-General was said ' to be so unwell, as
not to be able to attend, nor likely to be able.'
Fearing his illness might be attributed to his unwilling-
ness to conduct a case touching the life of his Sovereign,
he sent a message that he no way declined the service,
out of any disaffection to it ; but professed himself to be
so clear in the business, that, if it should please God to
restore him, he should manifest his good affection to the
cause.1 He thus cast upon the Solicitor-General (Cook)
the conduct of this momentous case. Whitelock also took
"•ood care to avoid sharing in the trial. He and Sir
Thomas Widdrington were sent for by the Committee for
preparing the charges against the King, and both having
opposed it, resolved to keep out of the way. Whitelock's
coach was at the door in which they went to his country-
seat, and remained there until the sad tragedy was
finished.
Notwithstanding Steele's inability to appear in the
trial of King Charles I., a few days after the execution of
that ill-fated monarch, Mr. Steele was able to appear in
the High Court of Justice, on the prosecution of the Duke
of Hamilton.2 The trial took place before the High Court
1 Foss's Judges of England, vol. vi. p. 490.
3 State Trials, vol. iv. pp. 1 155, 1167.
LIFE OF LOUD CHANCELLOR STEELE. 353
of Justice on February 9, 1649, and botli Mr. Steele and CHAP.
Mr. Cook, the Counsel for the people of England, con- vJ \— 1^-
ducted the prosecution for high treason, in making war
and fighting against the forces of the Parliament. The
o o o
Duke pleaded: 1. That he was employed by command of
the Parliament and supreme authority of the Kingdom of
Scotland, for such ends as were good and justifiable. 2.
That he was born in Scotland, before the naturalisation
of his father in England. 3. That he rendered himself
prisoner upon capitulation, and articles, with those who
had Major-General Lambert's commission, and by them
he was a prisoner of Avar, and his life and personal safety
was secured by the articles. The argument of Mr. Steele
is given at great length in the State Trials, and the pri-
soner, being found guilty, was executed on March 9, 1649.
On August 25, 1649, Serjeant Glynne resigned the Ee- Elected
cordership of London, and Mr. Steele was elected this ^Toio
time. He had served the Commons well, and, in order to
mark their sense of his conduct, they caused him to be
the successor of Serjeant Glynne, with the privilege of Privileges.
pleading within the Bar, and freed him from his reading
at his Inn of Court.1 His knowledge of legal procedure
was considerable, and he was one of the committee named Member of
in January 1652, to consider ' of the delays, the charges, ™™£^™
and the irregularities in the proceedings of the law.' In Reform.
May 1 654, a commission issued for the trial of the brother
of the Portuguese Ambassador for murder. He was then
Serjeant Steele, having obtained the Coif and was ap- obtained
pointed Commissioner. This case, which is very interest- ^he cf
J
ing, arose out of a discussion at the New Exchange,
Strand, London, where three of the Portuguese Ambas-
sador's family, his brother being one, talking in French,
were overheard by Colonel Gerhard, who told them very
civilly, they did not represent the stories quite correctly.
One of them gave him the lie, a conflict ensued in which
Colonel Gerhard was stabbed to death. This led to further
tumult, and a question of international law arose out of
1 Whitelocke, pp. 394, 420. Ibid. pp. -520, .590.
VOL. I. A A
m
354
THE COMMONWEALTH.
CHAP.
XXV.
Chief
Baron
Wilde dis-
liked by
Cromwell.
Steele,
Chief
Baron.
Wilde's
com-
plaints.
Wilde
wittily
rebuked.
it, which made the trial a very important one. Cromwell
ordered the brother of the Ambassador, Don Poiitaleoii
Sa, with two other Portuguese, to be tried for murder
before Commissions of Oyer and Terminer in the Upper
Bench. The prisoner was a very distinguished diplo-
matist, and pleaded ' he was not only the Ambassador's
brother, but had a commission to be Ambassador in his
brother's absence,' he also pleaded ignorance in the laws
of England, being of a foreign country, and desired to
have counsel assigned. The Court told him ' they were
of counsel equal to him as to the Commonwealth.' On
hearing the witnesses the prisoner was found guilty, and,
after a reprieve, beheaded on Tower Hill.1
The appointment of Serjeant Wilde as Chief Baron of
the English Court of Exchequer, which had been made
by the Parliament, October 12, 1648, was not confirmed
by Oliver Cromwell when he became Lord Protector in
December 1653. Prom one of those strange caprices
which actuated this remarkable man, he took an inve-
terate dislike to Chief Baron Wilde, and, without assign-
ing any cause, but the sic volo sic jiibeo, dismissed him
summarily from the Exchequer Bench, and placed William
Steele as Chief Baron in his place. Wilde poured his
complaints into the ears of his friends, who, however,
were powerless to turn aside the iron will of England's
stern Protector. The Ex-Chief Baron recalled his services,
how, in his speeches, while one of the managers for the
impeachment of Archbishop Laud, he endeavoured to
bring him in guilty of treason.2 NOAV he procured the
conviction of Captain John Bailey, at Winchester, for his
devotion to the King, and other like services to the Com-
' State Trials, vol. v. p. 475.
- It was Wilde, whose violent haranguing on this trial unsupported by
evidence, called forth the rebuke from Mr. Herne, counsel for the Archbishop,
' that none of the charges preferred amounted to treason.' Serjeant Wilde :
' That may be so, taken singly, but we do maintain, that all the bishop's mis-
demeanors, taken together, do by accumulation, make many great treasons.'
To this Mr. Herne wittily replied, ' I crave your mercy, good Mr. Serjeant,
I never understood before this time that two hundred black rabbits would
make a black horse.' — Foss's Judges of England, vol. vi. p. 520.
LIFE OF LOED CHANCELLOK STEELE. 355
monwealth. In a letter dated July 12, 1654, he wrote to CHAP.
XXV
Whitelocke complaining ' how ungratefully he had been
treated, after his services ; ' who, in reply, said, ' it was a ^j^y of
usual reward at that time, and that he had tried to move lock,
the Protector in his behalf, but to no effect.'
Steele did not long continue Chief Baron of the English Lord
Court of Exchequer. His appointment was dated on May ^^"of
28, 1655, and on August 26, 1656, he was promoted to the Ireland.
Lord Chancellorship of Ireland. The writ of Privy Seal,
dated at Westminster, runs thus : ' Oliver, Lord Protector mcnt.
of the Commonwealth of England, Scotland, and Ireland
and the Dominion thereunto belonging. To all to whom
these presents shall come, and especially to the people
of and belonging to this Commonwealth within our Domi-
nion of Ireland, greeting, know ye, that we, looking upon
it as our duty to provide for the due administration of
justice unto the people of this Commonwealth, and for
well maintaining public affairs under us by appointing
persons of learning, wealth, and efficiency, and of ap-
proved integrity, unto places of public trust and judi-
cature, and we having had very much experience of the
great wisdom, judgment, and discretion, of our right
trusty and well-beloved William Steele, Chief Baron of our
Exchequer in England, have assigned, constituted and
appointed him and do appoint him to be Chancellor and
Keeper of our Great Seal in Ireland.' !
It may be remarked that the wording of this appoint-
ment is truly regal, and goes to prove in niy niind that
Oliver was bent on taking his place among the sovereigns
of England, if he was allowed to wear the Crown. The Chan-
cellor was nominated one of Cromwell's House of Lords on
December 10, 1657; and, on the accession of Richard Crom- Continued
well, continued in his office as Lord Chancellor of Ireland. byBk-iiar
Fleetwood named Steele in October 1659 one of the Com-
mittee of Safety, but he refused to co-operate with that
body, assigning as his reason that Parliament was the
only judge as to the future establishment.
1 Lib. Mun. Pub. Hil>. vol. i. pt. ii. p. Ifi.
A A 2
350
REIGN OF CHARLES II.
CHAP.
XXV.
Henry
Cromwell,
Deputy of
Ireland.
Death of
Oliver
Cromwell,
1658.
Restora-
tion of
Charles II,
Royalists
disap-
pointed.
Conduct of
Cromwell's
officials
after the
Restora-
tion.
Disgrace-
ful be-
haviour
of Steele.
In 1655, Henry Cromwell, son of Oliver, received a com-
mission from his father as Deputy of Ireland. His natu-
rally mild and amiable disposition, the reverse of his stern
father's, led him to desire just and lenient measures in the
discharge of his official duties. Yet the intolerant spirit of
the age obliged him to execute the laws then in force.
Oliver Cromwell died on September 3, 1658, and his son
Richard's feeble hands could not retain the reins of Go-
vernment, which Oliver held easily. A party of Royalists
met in Dublin, and acting in concert with friends of
the exiled Charles, resolved on his Restoration. They
seized upon the Castle of Dublin, and Limerick, Clonmel,
Drogheda, Carlow, and other chief towns proclaimed
King Charles II. He landed in England amidst the en-
thusiastic joy of the nation, and Ireland echoed shouts of
gladness. The Catholic Royalists expected to be restored
to their ancestral estates of which the Cromwellian set-
tlement had deprived them. They little foresaw that the
first session of the Irish Parliament would take steps to
make the settlement binding, and the Act of Explanation
would strengthen the arrangement.
At the time of the Restoration of Charles II. the policy
of all the political members of the Commonwealth seems
to have been to make the best terms for themselves as
they could, at the expense of their late colleagues. Steele
is related to have secured his personal safety, and made
his peace with the Government, by betraying the secrets
of Henry Cromwell to Clarendon and Ormond ; and, what is
worse, by giving up his former colleague in the prose-
cution of the King, the Solicitor- General, Cook.' Cook
had been rewarded for zeal in the service of the Common-
wealth (by the patronage of Ireton, when Lord President
of Munster) with the appointment of Judge of that pro-
vince and grants of lands in the county of Cork.2 On the
accession of Charles II., the wisdom of Steele, on having
1 Foss's Judges of England, vol. vi. p. 492. In fact, he threw the Solicitor-
General into his place, by absenting himself under the plea of illness.
2 A castle, called Castle Cook, still frowns over the river Ariglen.
LIFE OF LOED CIIANCELLOE STEELE. 357
absented himself at the time of the trial, was manifested CIIAI1.
" ~
by Cook's apprehension, trial, and execution.
The character of the Ex-Chancellor, who died about the
year 1670, has been variously estimated. He is described racter.
as haughty and insolent by those who disliked him ;
prudent and cautious, learned and able, by those who
esteemed him. He had married the widow of Michael
Harvey, younger brother of the celebrated Dr. William
Harvey, whom the curator of an anatomical museum once
sagaciously described as ' the inventor of the circulation
of the blood.'
On examining the enrolled Decrees of Chancery during Business
the Commonwealth, I find a very fair share of business ~f thf .
7 _ «/< Court of
transacted. Both the Commissioners and Chancellor Chancery
Steele had plenty to do, and the number of decrees pro- Common
nounced amounts to three hundred and ninety-four. The wealth.
suits were of an ordinary character, bills for account —
to compel trustees to execute trusts — to perpetuate testi-
mony, and such causes.
358
REIGN OF CHARLES II.
CHAP.
XXVI.
v,_, --*
Previous
Lord
Chan-
cellor of
this family.
Eustace
Lord Bal-
tinglas.
Engaged
at G-len-
malure.
Lord Bal-
tinglas
attainted.
The family
of Han-is-
town.
Estate
passes to
William
Eustace,
CHAPTEE XXVI.
LIFE OF SIR MAURICE EUSTACE, LORD CHANCELLOR OF IRELAND.
MANY centuries elapsed, and many generations of the
house of Eustace had gone to their rest in the family
burial place, Kilcullen, since the former Chancellor of this
name — Sir Eowland Fitz Eustace Lord Portlester — held
the Great Seal of Ireland in 1474. During that period a
branch had, in the fifteenth century, acquired the title of
Lord Baltinglas; but on the attempt to molest the O'Tooles,
the clansmen of Eustace Lord Baltinglas joined the
Wicklow Irish, and aided in routing the forces of Lord
Deputy Grey, already narrated, in the defile of Glenmalure.
Numbers of the Viceroy's force, the best and bravest,
were slain, and he retreated to Dublin with a damaged
military reputation, and covered with disgrace.1 This
success cost Lord Baltinglas his title and estates. He
was attainted, and the estates of himself and his adherents
were, in 1605, granted to Sir Henry Harrington, Knight,
' in regard that he had been a very good, ancient, and
long servitor in the late wars and rebellions in Ireland.' 2
The branch of Eustace, settled at Castlemarten and
Harristown, held their ground, for we find the descendant
of Sir Edward Eitz Eustace, of Castlemarten, who died
a,bout the year 1440, ennobled under the title of Lord of
Kilcullen, in possession of the ancient family residence of
Harristown, county Kildare. On the death of Sir Eichard
Eustace, Knight, of Harristown, without issue male, this
estate devolved on William Fitz-John Eustace of Castle-
marten, father of the subject of this memoir.
1 Catechism of Irish History, by Rev. J. O'Hanlon, p. 263.
2 King James, Army»List, p. 719.
LIFE OF SIR MAURICE EUSTACE, LORD CHANCELLOR. 359
MAURICE EUSTACE was born at his father's seat Castle- CHAP.
XXVI
marten, about the year 1590. He was old enough to
remember the last years of Queen Elizabeth and the ac-
cession of James I. He must have shared the feelings of born about
enthusiasm with which James was regarded in Ireland,
and remembered how very delusive were the hopes then
entertained. The Irish regarded him as, in many respects,
their rightful sovereign, descended from Edward Bruce,
who was crowned King of Ireland at Dundalk, A.D. 1315. Accession
They also thought that the son of the pious Catholic,
Mary Queen of Scots, would have tender regard to those
who professed the faith which had comforted his mother
in her long and rigorous imprisonments, and made her
execution more a release than a punishment. As Maurice Maurice
was to practise the legal profession, he devoted himself fo^thTlaw
very assiduously to the study of the law. He received the
best education his native country then afforded, was a
graduate of the recently chartered University of Dublin,
and therein attained a remarkable degree of learning, for
he gained a Fellowship in Trinity College, Dublin, in Fellow of
1619. Having duly kept the requisite terms, and eaten of college,
the allotted legal dinners at his Inn of Court, Maurice Dublin,
i O i \) •
Eustace was called to the bar. A grant to him, by letters
patent, enable me to mention that he was admitted to the
practice of the law by the Benchers of Lincoln's Inn.
The errant is ' of lands to Maurice Eustace utter barrister coin's Inn.
a
of Lincoln's Inn, a native of Ireland, and his heirs, in
consideration of the services of John Eustace his father.' '
The lands mentioned in the grant are Harristown, and
some other denominations, which may have been part of
the forfeited lands ; and Maurice Eustace had sufficient
interest to obtain a grant of them, whereby he acquired a
new title, freed from any question of attainder. He soon Legal at-
established a high legal reputation in Ireland, and his
knowledge of every department of law was considerable.
He was a very clear-headed man and lost 110 opportunity
1 This appears to be a mibtake. His father's name was William Fitz-John
Eustace.
360
REIGN OF CHARLES II.
CHAP.
XXIV.
Serjeant.
Favour-
ably
noticed by
Lord
Went-
•worth.
Judge of
Assize.
Speaker
in 1639.
His speech
of advancing his own interests, so that he stood well with
the antagonistic parties into which it is the sad destiny
of Ireland to be perpetually divided.
The natural result of confidence in legal talents followed
— briefs canie pouring into the lawyer's study. Mr. Eus-
tace soon acquired very extensive practice and obtained
the rank of Serjeant-at-Law. His capacity for business, his
great and varied learning and integrity, recommended him
most strongly to the Deputy — Lord Wentworth ; a man
whose favour was not lightly won. The estimate this
imperious Viceroy formed of Serjeant Eustace has been
already mentioned in the reprimand he gave Lord Chan-
cellor Lord Loftus for passing over the Serjeant and
nominating a Mr. Alexander a Judge of Assizes in 1637,
when Mr. Serjeant Catlin died on circuit.1
In 1639, the Irish House of Commons elected Mr.
Serjeant Eustace their speaker, 'being a wise, learned,
and discreet man of great integrity.' On March 20th, the
Speaker, with other members of the Commons, being sent
for, attended at the bar of the House of Lords, where the
Lord Lieutenant sat in state. The usual formalities
having been gone through, the learned speaker was de-
termined to display the great stores of his mind by deliver-
ing1 an address which is remarkable for the bombastic and
o
inflated style peculiar to that pedantic period.
As a specimen of the Serjeant's oratory I give it place : 2
' Welcome, most worthy Lord, to the new birth of this our
Parliament ; this is the voice of the House of Commons,
and I am sure it is the voice of the whole assembly; it is
besides vox Populi abroad, and I make no doubt but it is
vox Dei ; for otherwise, how could your Lordship have had
such an auspicious passage, considering how the winds
blew, but that the prayers and strong wishes of the Royal
Assembly prevailed against the winds, to waft your Lord-
ship over to us, and that at such a time, wherein your
Lordship may say, In tempore veni, &c. I hope it will prove
1 Ante, p. 323.
2 Commons' Journal, Ireland, vol. i. p. 134.
LIFE OF SIR MAURICE EUSTACE, LORD CHANCELLOR. 361
so to me, the most humble of your Lordship's servants, for CHAP.
I have appealed from the House of Commons unto your -_1 .. , '^
Lordship's impartial justice, and all the grounds of my
appeal is shortly this : —
' The Knights, Citizens, and Burgesses here assembled,
by his Majesty's Most Royal License, to consult about the
great and mighty affairs of this kingdom, not observing,
as it seemeth, that cujuscumque potissima pars est prin-
cipium, have, upon their first entrance into this great
work, made choice of me, the most unworthy amongst
them, to be their Speaker.
' It hath been heretofore the most constant use in all
times, that those, who for their great parts were accounted
like gods amongst men, were always chosen for this
place, and, like the golden apple which fell from heaven,
it had a detur digniori upon it ; but those worthiest are
all passed over, and they have stooped upon me, the
lowest shrub in this great Libation; for which cause I
do, in all humbleness, appeal unto your Lordship for justice,
and do humbly pray that your Lordship will be pleased,
in your great wisdom, and in favour of the great service
now in hand, to give directions unto them to proceed unto
a more worthy choice.' This application not being ac-
ceded to, the speaker continued :—
' May it please your Lordship, this gracious encourage-
ment hath put new life and spirit into me, and methinks
I do hear, to my great comfort, a divine whisper within
me of that speech which God used to Moses, when he was
unwilling to be their speaker, " who hath made man's Resembles
mouth, or who maketli the dumb, or the deaf, or the seeing, Moses>
or the blind, have not I, the Lord ? "
' Now, therefore, 0 my Lord, be thou my mouth, as Thou
didst promise to be with Moses, and teach me what I shall
say, that so my mouth may speak of wisdom, and the
meditation of my heart may be of understanding, and Thou
that hast the hearts of all men in Thy hands, as the rivers
of waters, so guide and direct this Great Council, which is
now summoned and called together ad tract andum de
362
REIGN OF CHARLES II.
CHAP.
XXVI.
Compares
the Vice-
roy to one
of the
Greek
Sagas.
Spiritual
Peers.
arduis negotiis regni, that all of us may be of one mind in
all such things which may concern Thy glory, the honour
of our King, the safety of ourselves, and the good of our
country, and all this royal assembly here present say
Amen. And now that I have taken my rise from God,
according to the old rule observed amongst the very
heathen, a Jove principium, give me leave, before I leave
this mount, to contemplate the glory which I see, a glory
far surpassing that which was to be seen in the Roman
senate-house when it was in the greatest glory.'
He then proceeds to pass in review the constituent
branches of the legislature. It is very quaint and not with-
out merit : — ' For, in the first place, methinks I see your
Lordship, like another Solon or Lycurgus, studying the
good of this your country. Your country let me now call
it, and I beseech your Lordship to account it so, seeing
God hath exceedingly blessed your Lordship with a kind
of blessing since your first entrance thereunto, and that
we hope your Lordship will have a numerous posterity
amongst us, and let it be your Lordship's greatest ambi-
tion to say hie ames did pater atque princeps, and let that
of the twelve tables be most supreme in your Lordship's
thoughts, salus hiijus populi suprema lex esto.
' Next in order I see placed the glorious lights of our
Church, the Most Reverend Archbishops and Bishops, who
show us the true via lactea which leadeth unto heaven.
' When your Lordship came first amongst us, the most of
these lights did but burn dim, and many of them were
like to be extinguished for want of oyle in their lamps ;
but your Lordship's first care was, that their lamps, as
next fit, should be trimmed and replenished, and that
these lights, which show us the way to heaven, should be
placed in golden candlesticks, and so the thief which
wasted the candle was taken away.
' I cannot think this to be the least cause of your Lord-
ship's great success in all your undertakings ; for I have
it from the mouth of Truth, " Those which honour me I will
honour, and they that despise me shall be lightly esteemed."
LIFE OF SIR MAURICE EUSTACE, LORD CHANCELLOR. 36i
And this is the method which his Lordship, in my poor CHAP,
observation, hath hitherto kept in the course of his govern- _\ 1
nient, " to give unto God the things which are God's, and
unto Csesar the tilings which are Csesar's." Witness the
great increase of revenue which hath come into God's
house and into the Exchequer by your Lordship's means ;
in both which, though many of your Lordship's prede-
cessors have done worthily, yet your Lordship doth sur-
mount them all ; let all who can deny it.
' Next unto these in order, I do with much joy behold Temporal
the nobles of our land, like many sparkling stars, shining
in this our firmament ; and all of them gladiis succincti,
ready in their order, like so many stars, to fight against
Sisera, if there were occasion ; amongst which, I may say
of your Lordship as was said of Julius Csesar : —
- Micas inter omnes
- velut inter ignes
Luna miuores.
' The time was, and that not very long since, when a man
might espy in the horizon, which is now so clear and
serene, some like blazing stars, or rather fiery comets,
breathing nothing but ruin and destruction to their
o o
country ; others, like wandering stars, following irregular
motions ; and some like falling stars, leaving the station
wherein they were placed. But these, my Lords, are so
fixed in their proper orbs, and move so naturally in the
sphere of loyalty and obedience, following our Charles
Wayne, that you may as well pluck a star out of the fixed
firmament as throw any of these from their loyalty and
obedience.
' Next unto these, I do with joy behold the Chief Judges Chief
of the land, attended by his Majesty's learned Council,
and ready to untye any Gordian knot which shall be pro- Counsel.
posed unto them. The rest of the Judges are, at this time,
dispersed in several parts of the kingdom, like painful
bees, labouring in their several places to bring honey to
the bee-hive of the Commonwealth, and to increase it.
' The time was, and not very long since, when the Judges
8G4
REIGN OF CHARLES II.
CHAP.
XXVI.
Brehon
laws
abandoned.
The Com-
mons.
State of
Ireland.
of our land were, as it were, impaled within the English
Pale, and went no further ; but now their circuit is, like
the sun, from one end of the kingdom unto the other, and
there is no place where their voice and sound is not heard.
The Brehon law, with her two brats of Tanistry and 'Irish
gavelkind, like the child of the bond-woman, are cast out
as spurious, and every man desireth and rejoiceth that the
Common law, which is the child of the freewoman, should
reign over them. Let not, 0 God, this sceptre depart
from our Judah, nor such law-givers from between her
feet, until Shiloh come again !
' And, in this survey, let me not pass over in silence the
knights, citizens, and burgesses, without whom these
superior bodies, which we have ail this time admired, can
no more move than the natural body can walk without
feet ; for take these away, or do but strain the veins and
sinews, by which they are tied together, and this goodly
frame, which we see like antient Rome, ruit mole sua ; for
these are car da rerum, the very hinge upon which all busi-
ness here below doth move ; and, therefore, most excellent
Lord, as I said before, solus populi supremo, lex esto ; for
then decies repetita placebit.'
Having at considerable length referred to the condition
of many European nations, this rather prosy speaker con-
trasted the then peaceful state of Ireland with the days
' when there was nothing heard but the rattling noise of
the drum and trumpet, the neighing of horses, looking
after lost masters, the shrieks of the wounded and slain.'
' Now every man doth sit in safety at home, under his own
roof, our swords are turned into plow- shares, and we have
wholly forgotten the use of war.
Jam fides, et pax, et honor, pudorque
Priscus, et neglecta redire virtus
Audet ; apparetque beata pleno
Copia cornu.'
He next referred to the writs which formerly compelled
the Irish nobles to attend the king in ' Westmonasterum
ad tractandum cum proceribus hujus Regni de statu
LIFE OF SIR MAURICE EUSTACE, LORD CHANCELLOR. 365
Hibernse,' he contended that, by Poyning's Act, providing CHAP,
that Bills which are to be passed here shall be first trans- ^XAI1^
mitted into England, and, when approved, these are to be P°ymng's
sent hither, with power to reject or receive them. He
said, ' Thus England is become an handmaid to her weaker
sister, and that power and freedom are given unto us, that
England cannot make laws at this day, to bind our estates
without our consent ; a very great and high honour, and so
to be accounted.' He wound up his long, and rather tire-
some harangue by the usual formula of asking freedom of Usu:'1
speech, and the other privileges of Parliament.1
The important office of Master of the Rolls was granted Master of
to Mr. Serjeant Eustace in 1644, and he discharged the the Eolls-
duties with efficiency and attention.
The Speaker's cattle were not respected by the troops. Speaker's
In 1647, Sir Maurice Eustace made an unintelligible state- ^en
ment, which, in the margin of its journals, is stated, ' Com-
plaint of the Speaker.' It is so incomprehensible, that,
but for the order of the House, there could be no inference
drawn from it. I transcribe it as printed in the jour-
nal : 2—
' Mr. Speaker, — That little fortune in Eildare is lost ; Complaint.
and that was left I brought to Irishtowiie, and from other
of this House, and by the gallantry of an officer of the
horse, that Lieutenant Harman may command those
soldiers.' — Sic orig.
It is ordered ' that Lieutenant Harman do cause the Orders
troops under his command, who took the cattle from thereon'
Clontarffe belonging unto Sir Maurice Eustace, Knight,
Speaker of this House, under pretence of contribution, do
forthwith bring them back, and leave them at the same
place from whence they were taken ; whereof he or they
do not fail.'
The Speaker was in some trouble about words imputed Speaker in
to him, as conniving at Papists sitting in Parliament. trollt)le>
The words were, ' You need not put him to his oath. I
1 Commons' Journals of Ireland, vol. i. p. 134.
2 Ibid. p. 369.
3G6
REIGN OF CHAELES II.
CHAP.
XXVI.
•<— r ~-
Words
after
dinner.
Eulogies
on the
bpeaker.
wish, we had more of them.' Simon Luttrell was the
person alluded to.
It appearing that the words were spoken at dinner, and
a reference to some wager, the House considered the
matter should drop ; and Captain Schoute, who was the
person stating ' that a Papist sat in the House,' should be
reconciled to the Speaker, whereon the following edifying
scene took place.1
'Memorandum. — That Mr. Speaker would give good
example ; that he did call for Captain Schoute, who came
to the chair, and shook hands together.'
When the Session was over, a marked compliment
attests the sense entertained of the services of Sir Maurice
Eustace as Speaker. ' The House, understanding that
there is a resolution to prorogue the Parliament for some
long time, and not knowing when they shall meet again,
did take into their consideration the many good services
performed by Sir Maurice Eustace, Knight, their Speaker,
unto the House, his singular affections to the English
nation, and public services, his earnest endeavours for the
advancement of the Protestant religion, the inveterate
hatred and malice of the detestable rebels, many ways
declared and acted against him, and the great expense
which he hath been formerly at, for the honour and service
of the House, and having at the present no better way of
requital than to convey the memory thereof to posterity,
do think fit, in manifestation of their high esteem thereof,
to declare, and do hereby declare the same to be such, as
in all times ought to be remembered for his advantage,
and do therefore order that this be entered amongst the
Acts and Orders of this House.'
It is not my province, and certainly could afford me
neither profit nor pleasure, to recount the terrible civil war
of this dreadful period, from 1641 to 1652. That there
were fearful massacres on both sides cannot be denied ;
and, whether that of Island Magee preceded that of
Lisburn, or the slaughter of Lisburn provoked that of
1 Com. Jour. Ir. vol. i. p. 373. " Ibid. p. 374.
LIFE OF SIR MAURICE EUSTACE, LORD CHANCELLOR. 367
Island Magee, is now matter of little moment. Good men CHAP.
. XXVI
of all parties must lament these blots upon national his- ~1 ' ^
tory ; and, I make no doubt, it is best to forget them.
The results of the civil war had, however, a very disas-
trous effect upon the beaten party. It placed almost
unlimited power in the hands of the conquerors, who used
it in exterminating, under the sanction of Acts of Parlia-
ment, those spared by the sword. The horrors of the
transplanting have recently been graphically described,
and the subject has been fully and fearlessly exposed.1
I pass on gladly to brighter days. Even in the midst of
the conflict of contending parties some gleams of sunshine
beamed forth. The state of the North of Ireland in 1655, State of
T 1 1
is cleverly described in the following charge delivered to 1055.
the Grand Jury at the Quarter Sessions held at London-
derry, on January 21, in that year:2—
' Gentlemen,
' In obedience to this command, and in pursuance Charge at
of the trust reposed in us by this Commission, which Munster
you have heard, we are thus publickly and openly as-
sembled here this day — a day which, to us, is a calm after
a tempest ; a sunshine after a fog ; a time of peace and
tranquillity after the horror and confusion of an intestine
Avar, and the distraction of an unsettled Commonwealth.
It were but a loss of time and labour to descant on the
present state of things, or to cast into the balance the
advantages and emoluments of a peaceable and orderly
Government, with the spoils, rapines, and innumerable
calamities of a rebellious and domestic war. You all that
are now partakers of the benefit of the one, can give a more
ample and judicious account, having a more distinct re-
membrance, and some of you a woeful experience, of the
effects of the other. Eeligion, the mother of Peace ;
Plenty, the daughter; and Law, the guardian — how often,
how long have they been obscured, estranged, and ravished
1 The Cromwellian Settlement by Prendergast. 2nd edn. Longmans: 1870.
• From papers of Sir John Henry Butler (of the Ormoud family), published
in Anthol. Hib. vol. i. p. 413.
sessions.
368
REIGN OF CHARLES II.
CHAP.
XXVI.
Religion
restored.
Plenty
diffused.
Laws
speak
Offences.
from us ; and, in their stead, Heresy had misguided us,
Famine devoured us, and the lawless arbitrary humours
of evil men undone us ! — but now, through the great
goodness of God, and the prudent care of him that governs
us, we begin to recover from our miseries, and to return to
our pristine establishment. Religion is presented to us in
so many shapes, and preached to us by so many mouths of
all sorts, that, unless we be blind and deaf, we cannot
miss it. Plenty was never more generally, more sensibly
known to this nation. The windows of heaven are largely
opened, and the fertile womb of the earth hath prodigally
delivered her burthen, to our comfort and refreshment ;
insomuch that I might well say (but that Latin is forbid-
den) there is a cornucopia among you.
' The laws, which the loud clamour of war had so long
silenced, do now speak aloud in our ears, the Courts are
re-erected, and the law books are thrown open before us,
and being translated into our mother tongue, we can now,
without relying on the weak crutches of human learning,
pry into those secrets which were hidden from our fore-
fathers, and speak our minds in plain English. A ready
instance and confirmation hereof is our free and unmo-
lested meeting here this day ; where, according to the
several articles empowering us to sit here, I will briefly
inform such as know not, and put in mind such as know
already, their duty and business in this place.'
He then detailed the usual business at Quarter Ses-
sions. The offencps were as follows. They show very lax
morality of the people. ' You are impartially to present
all such as are guilty of-
' 1. Profaning the Sabbath by keeping fairs or markets, by
manual labour, by plays, haunting taverns and alehouses.
' 2. Cursers and common swearers.
' 3. Common turbulent drunkards.
' 4. Common adulterers.
' 5. Fornicators.
' 6. Keepers of common gaming-houses, and common
gamesters.
LIFE OF SIR MAURICE EUSTACE, LORD CHANCELLOR. 3G9
' 7. Alehouse keepers that keep misorder in their houses. CHAP.
'8. Plowing by the tail.
' 9. Pulling the wool of living sheep.
' 10. Burning of corn in the straw.
o
'11. Selling of wine, ale, or any other liquor, in any
town franchisee!, by measure not sealed.
'12. Cosherers and idle wanderers.'
The learned chairman thus concludes :—
' I have now only one thing to mind you of, as a general
caution to you in presentments, that, in those you make you
set down, to a certainty of the person presented, with the
time and place, with the manner of the fact ; otherwise
let the matter be what it will, for which you do present
any man, the presentment may become void and of no
effect, for defect in the manner of making it and setting
it down will make it void.
' Now, gentlemen, proceed to your business ; and let your
skill and better judgment supply in your presentments,
whatsoever defects you have discovered in the charge and
in the deliverer of it, whom my brethren have desired to
perform this task, though being the least able, and only a
probationer in this place.'
The Restoration of the House of Stuart, in 1660, was The Re-
expected to be a blessing to the Catholic people of Ireland. '
They had fought bravely for the father of Charles II., and
incurred the heavy weight of Cromwell's anger ; therefore
they expected to have their estates restored, and rewards
for past services in recompense for recent sorrows. To
their surprise and indignation they found little assurance
of these expectations being fulfilled. Determined enemies
— Coote, created Earl of Mountrath, and the Earl of Orrery
J Cromwel-
were namedLord Justices;— with them was joined SiRMAU- lians in
RICE EUSTACE, who was appointed Lord Chancellor, and office>
many of the most violent adherents of the stern Protector Eustace!"
were allowed to fill the highest offices. On the Restoration, Lor(i
Oln n Ti —
a new Great Seal was engraved for Ireland. In England celior.
the Royalists were sufficient to assert their superiority, and gTeT Great
the Cromwellians, who got possession of the estates of the
VOL. I. BE
O/
EEIGN OF CHAELES II.
CHAP.
XXVI.
Chichester
House,
in 1661.
House of
Lords.
Commons.
Lord
Chan-
cellor also
Lord
Justice.
Primate as
Speaker.
His ad-
dress.
Cavaliers, had to restore them at once ; it was otherwise in
Ireland. The Lords Justices reported that the English
troops were very numerous in Ireland, well-armed and
masters of all the cities and strongholds, so that it would
be dangerous to provoke them. In. this state of affairs the
first Parliament for the space of twenty years was sum-
moned. They assembled at Chichester House on May 8,
1661. The building contained at that time a large cham-
ber, which was the House of Lords, two committee-rooms
for their use, a robing-room, a stairhead-room, a chamber
wainscoted at the foot of the stairs. The Commons' as-
sembly-room, two committee-rooms for the use of members
of the House of Commons, the Speaker's chambers, two
rooms for the Serjeant-at-Arms, three rooms for clerks. A
gatehouse next the street, with several rooms and a spacious
garden, containing a large banqueting-house.
Although Sir Maurice Eustace was then Lord Chan-
cellor, as he was at this time one of the Lords Justices, I
find John Bramhall, the Archbishop of Armagh, and
Primate of all Ireland, was appointed Speaker of the
House of Lords by royal Commission. He accordingly sat
on the woolsack, the Lords Justices, Sir Maurice Eustace,
Roger Boyle, Earl of Orrery, and Charles Coote, Earl of
Mountrath, having seats elevated above the other peers,
and a canopy or cloth of state over their heads. Lord
Baltinglas bore the Sword of State, Viscount Montgomery
the Cap of Maintenance, and the Earl of Kildare the
robe.
I find in this Parliament only one Roman Catholic
member, and he, with an Anabaptist, were both returned
for Tuani. This formed a subject of congratulation in the
Speaker's (Sir Audley Mervyns) address to the Lords Jus-
tices : * I may warrantably say, since Ireland was happy
under an English Government, there was never so choice
a collection of Protestant fruit that ever grew within the
walls of the Commons House. Your Lordships have piped
in your summons to this Parliament, and the Irish have
danced. How many have voted for and signed to the
LIFE OF SIR MAURICE EUSTACE, LORD CHANCELLOR. 371
returns of Protestant elections ? So that we may hope CHAP,
for, as we pray, that Japheth may be persuaded to dwell in. ^1 \ '.-
the tent of Shem.' l
Sir William Temple,2 Sir James Wane,3 Sir William
Petty,4 and D. Dudley Loftus, sat in this Parliament.5
One of the first Acts of the reign of Charles II. was that Act of st t-
for the Settlement of Ireland. Three classes were to be tlement-
provided for. Firstly, the Irish Catholics, who had been Three
dispossessed of their lands. Secondly, Cromwell's soldiers, £lasses to
who had been allotted Irish lands in lieu of arrears of pay. vided for.
Thirdly, officers who had served the King before 164-9, and
whose arrears were unpaid. It provided that the soldiers Soldiers,
and adventurers should be settled on the lands possessed
by them, and their properties secured to them and their
heirs. The officers, termed the '49 men, were to receive Officers,
houses, estates and securities in corporate towns, and in
addition, a large sum of money, although many of them
had fought against King Charles I. The claims of the
Irish Catholics were postponed until those in possession of and Irish
their estates were fully repaid their advances, or money Catnolics-
due for arrears of pay.
W^hile the Act of Settlement was in progress through
1 Gilbert's History of Dublin, vol. iii. p. 60.
2 Ancestor of the late Lord Palmerston.
3 The learned antiquary.
4 Ancestor of the Marquis of Lansdowne.
5 The Irish members were paid from an early date. In the writ of summons pavmpnt
of Edward III., when James Botller was Justiciary of Ireland, the King enjoins of mem-
that nitionabilis expenses be paid. In the year 1613, the fees payable to bers.
Members were: Knights of the Shire, 13s. •id. a-day; citizens, 10s.; and for
burgesses, 6s. Sd. a-day. In November 1614, an attempt to reduce these sums
•was made. On this the House ordered that every Knight be allowed but 6s. 8d.,
every citizen 5s., and every burgess 3s. 4d., but when any special agreement
was made, the sum so agreed on was to be paid.
The Commons afterwards returned to the former rates, until 1665, when it
was reported that inconveniences had arisen in collecting the wages of Members,
and that no warrants should issue for any wages due from September 27, 1662.
This practice was found to be so much abused by the perpetration of frauds
and improper appropriation of the funds — Lords and gentry who had private
Bills before the House, or who had other personal occasions to attend Parlia-
ment, though not Members, often obtained payment as though they were, which
caused the payment of Members to be altogether abolished shortly after the
time of the Restoration.
372
EEIGN OF CHAELES II.
CHAP.
XXVI.
Letter
from the
Duke of
Ormond to
celior.
Conduct of
Justices.
Their
the Parliament of England, the Government was greatly
embarrassed by conflicting claims. The Duke of Ormond,
writing in 1662 to Lord Chancellor Eustace, states this
very clearly : ! * You will receive from other hands, who
are more at leisure than I am, an account how, where,
and for what reason, the Bill is at a stand for near a
fortnight. I confess I am not able to see through the end
of a settlement. For if the adventurers and soldiers must
be satisfied to the extent of what they suppose intended
for them by the Declaration, and if all that accepted, and
constantly adhered, to the peace of 1648 must be restored, as
the same Declaration seems also to intend, and was partly
declared to be intended at the last debate, there must be
new discoveries made of a new Ireland, for the old will
not serve to satisfy these engagements. It remains then
to determine which party must suffer in default of means
to satisfy all ; or whether both must be proportionably
losers.'
The course taken by the Lords Justices, the Earls of
Mountrath and Orrery, was to bribe all who would support
the cause of the adventurers and soldiers. They raised
privately about 80,000?., and employed as agents to further
their views Dr. Boyle, the right Eeverend Bishop of Cork,
afterwards Lord Chancellor of Ireland for twenty years,
Lord Kingston, and Mr. Pigot, Master of the Wards.
These agents spared no pains to urge on the English
Members that the adventurers a,nd soldiers were in posses-
sion, with power and strength to hold the lands, and had
the title of the Acts of 17 and 18 Charles I., also the King's
Breda Declaration, on the faith of which they advanced the
King's Restoration. On the other hand, the Irish acted
so imprudently that they alienated the Duke of Ormond,
who was disposed to befriend them, and whose knowledge
of Ireland during the recent troubles would have given
t>reat weight to his suggestions. In another letter to the
Lord Chancellor, the Duke says : 'We are in the heat of our
debates upon the great Bill, and I fear the liberty allowed
1 Carte's Ormond, vol. ii. p. 240.
LIFE OF SIR MAURICE EUSTACE, LORD CHANCELLOR. 373
the Irish to speak for themselves will turn to their pre- CHAP.
XXVI
judice, by the unskilful use they make of it in justifying Jl' r l^
themselves, instructing the King and his Council in what
is good for them, and recriminating of others.' l
One of the most active, and, if his own statement could
be credited, influential, agents for the Irish was Colonel Colonel
Richard Talbot, youngest son of Sir William Talbot, a ^fbo^
lawyer 2 and a man of good parts, who by his prudence
and management had acquired a large estate, which he left
to his eldest son, Sir Robert Talbot, When the King-
declared ' he would have the English interest established
in Ireland,' the unfortunate Irish Catholics knew they
were to be the sufferers, and, imagining the Duke of Or-
mond had not befriended them as he ought, were extremely
angry. Colonel Talbot expostulated roughly with the
Duke, and told him his mind in such strong language, that
his Grace felt it looked like a challenge, and waiting 011
the King, desired 'to know if it was his Majesty's pleasure
that at this time of day he should put off his doublet to
fight duels with Dick Talbot.' The King feeling the Talbot
slight put on the Duke was undeserved, had Colonel Talbot ^X^
committed to the Tower, whence he was released upon Tower.
making an apology.3 We may suppose this imprison-
ment made a deep impression on the ambitious Talbot,
and when he was subsequently of equal rank with the
Duke of Ormond, he was urgent in obtaining the repeal of
the obnoxious Act of Settlement.
In order to strengthen the King and the English Par- False
liament in supporting the cause of the adventurers and rebellion
soldiers against the Irish Catholic proprietary, the agents
of the English party spread a report of an intended Irish
rebellion, founded upon meetings of the Irish Catholics
for the performance of religious ceremonies at a jubilee.
The Lord Chancellor was well persuaded of the injustice,
and the mischief which was likely to flow from this mis-
representation. He saw through the design of those who
1 Carte's Ormond, vol. ii. p. 233.
3 Ibid. p. 233. 3 Ibid. 23G.
374
CHAP.
XXVI.
Insulting
conduct of
two Lords
Justices.
The King's
promise.
REIGN OF CHARLES II.
spread the report, and resolved to counteract it as far as
he could. He directed the Judges in their Circuits to cause
the matter to be enquired into by the grand juries of the
several counties through which they passed. The reports
of the Judges — the findings of the juries, were decisive of
the falsehood of this report. There was general tran-
quillity— calm everywhere ; no preparations for a rising,
or any reason to apprehend one. Yet the Lords Justices
or at least Lords Orrery and Mountrath, stated that it
would be destructive to the English interest to admit the
Irish to settle and trade in corporate towns, or to allow
Roman Catholic lawyers to practise in their profession,
both which had been allowed by his Majesty's letters. The
Earl of Mountrath also seconded a motion in the Irish
House of Peers, moved by Lord Conway, * That the Irish
Catholic Peers should be removed out of the House, and
some course taken by the Lords Justices to exclude them
from sitting.' This motion was strongly resisted by the
Lord Chancellor, and rejected with indignation.1 Mean-
time the Act of Settlement was the law of the land, and
the Catholics discovered that their claims were postponed
until those adventurers and soldiers, whom the power of
Cromwell had placed in their ancestral estates, should be
compensated.
True the King had promised while in exile that their
just rights should be respected, and Ormond had ex-
pressly renewed this promise for the King before he left
for Breda ; nay more, Charles told his Parliament, on his
Restoration, that ' he expected they would have a care of
his honour and of the promise he had made.' These most
solemn engagements were so regularly violated when
Irish affairs were concerned, that nothing else could have
been expected.2 In order to allay any rising fears on the
part of the anti-Irish settlers that they would be dis-
turbed in their recently acquired estates, the Duke of
Ormond, in a letter to the Speaker of the Irish House of
1 Carte's Ormond, vol. ii. p. 232.
2 Illustrated History of Ireland, p. 521.
LIFE OF SIR MAURICE EUSTACE, LOED CHANCELLOR. 375
Commons, dated March 9, 1662, informs him, 'that the sup- CHAP.
XXVI
port and security of the true Protestant English interest ^1 ^
was the earnest desire of his Majesty, and the assiduous P[j:n°n<i's
endeavour of his servants would clearly appear, when it
should be considered, how the Council and Parliament
were composed ; and withal if it be remembered of whom
the army consisted ; who were in judicature in the King's
Courts ; who were appointed by his Majesty for executing
the Act of Settlement ; and who were in magistracy in
the towns and counties ; in which trusts is founded the
security, interest, and preference of a people.' l
Although a Court of Claims sat in Dublin to try the Court of
claims of those Irish who were ejected during the Common- (Jlaims-
wealth, and the framer of the Act took care few claimants
could be benefited thereby, yet the Puritan faction was Puritan
alarmed. They devised a plan for seizing the castle and
raising a rebellion. Some members of the House of
Commons, several officers of the army, and Puritan mini-
sters combined under the leadership of a man named
Blood. The castle was to have been seized on May 21,
1663. The Duke of Ormond, then Lord Lieutenant, had The plot
information in time to prevent the execution of the plot.
A number of the conspirators were seized, of whom four
were hanged. This put an end to the conspiracy, which
was of a nature likely to have been very formidable. Dis-
banded soldiers of the Crornwelliaii army intended to
place Ludlow at their head. The King and House of
Lords were to be abolished, and instead of Bishops, a
' sober and painful ministry ' were to preside over matters
of religion. Seven members of Parliament were among Members
the conspirators ; they were ignominiously expelled, and exPelled
the prisons of Dublin were crowded with traitors.
Ormond was recalled to England to assist in preparing The Act
a new Act. This was called the ' Act of Explanation.'
It provided that Protestants should be guaranteed posses-
sion of their estates, and that only such Catholics as were
declared ' innocent ' should be entitled to claim any lands.
1 Com. Jour. vol. ii. p. 299.
376
REIGN OF CHAELES II.
CHAP.
XXVI.
Disap-
pointment
of the Irish
Catholics.
The Chan-
cellor
resigns
office.
The Chan-
cellor at
his country
seat, Har-
ristown.
Death of
Ex-Chan-
cellor.
His will.
Owing to this proviso, three thousand persons were ex-
cluded from any chance of recovering their estates, which
they beheld, with bitterness and sorrow, transferred to
soldiers and adventurers who had been their foes in the war
when they fought for the King. While these men were
left to starvation and beggary, the Acts of Settlement and
Explanation rankled in their hearts ; and we can hardly
feel much surprise, bearing this chapter of Irish history
in our memory, how within a few years, these Irish Ca-
tholic gentlemen struggled to obtain the repeal of those
measures which, in their eyes, were but legalised in-
justice.
Sir Maurice Eustace continued Chancellor until failing
health obliged him to relinquish the Great Seal to Arch-
bishop BOYLE, who was appointed his successor.
The Ex-Lord ChanceUor took great delight in his coun-
try seat of Harristown, and by his taste for the pictu-
resque, so aided the natural beauties of the locality, that
Harristown was regarded the handsomest seat in that
part of Ireland. The house was spacious and commodious,
supplied with convenient and well-placed offices. A lofty
terrace commanded a lovely prospect in which wood and
water combined to delight the eye and please the mind.
On a transparent lake the stately swan and smaller aquatic
fowls floated, while a miniature ship, perfectly rigged,
sufficiently large for a pleasure yacht, attracted attention
from its complete proportions. The neighbouring woods
were well stocked with game, and the grounds laid out
with exquisite taste and kept neat and trim. Stately
avenues, bowers impervious to the sun, broad alleys of
noble trees met the eye in every direction, while fruit and
flower gardens displayed the skill of the florist and horti-
culturist.
Sir Maurice Eustace died in 1665, having by will, made
that year, bequeathed his chief estates in Kildare, Dublin,
and Wicklow, together with the Abbey of Cong, in the
county of Maj'O, and its appurtenances, severally to his
nephews, Sir John and Sir Maurice Eustace, in tail male.
LIFE OF SIR MAURICE EUSTACE, LORD CHANCELLOR. 377
He also devised to the Provost and Board of Trinity Col- CHAP.
XXVI
lege, Dublin, a rent charge of 201. per annum, chargeable
on the great house built by him in Dame Street,1 for the
maintenance of an Hebrew lecturer.
With a desire to rest among his kindred, he directed
his remains to be interred in the old family vault at Castle-
martin. However, for what motive does not appear, this
request was not complied with, for he was buried in St.
Patrick's Cathedral.2 While Sir Maurice Eustace was A good
Chancellor there was a fair share of business in the Court,
and his great talents as a lawyer enabled him to dispose
of the business satisfactorily to the suitors and the pro-
fession.
1 King James, Irish Army List by D' Alton, p. 720. Probably where Eustace
Street now stands. " Ibid. p. 720.
378
REIGN OF CHARLES II.
CHAP.
XXVII.
The family
of Boyle.
Career of
Richard ;
the
Great Earl
of Cork.
Early life.
Seeks his
fortune in
Ireland.
What he
started
•with.
CHAPTEE XXVII.
LORD CHANCELLOR BOYLE, ARCHBISHOP OF ARMAGH.
THE family of Boyle in Ireland owe their fame and for-
tune to one of the most remarkable personages in history,
Richard Boyle, Earl of Cork, who, though not a Chan-
cellor, claims a lengthened notice in my pages. He was
born at Canterbury on October 3, 1566. His father died
when he was but ten years old, and he tells us : ' After
the decease of my father and mother, I being the second
son of a younger brother, having been a scholar in Ben-
nett's College, Cambridge, and a student in the Middle
Temple, London, finding my means unable to support me
to study the laws in the Inns of Court, put myself into
the service of Sir Eichard Manwood, Knight, Lord Chief
Baron of his Majesty's Court of Exchequer, whom I served
as one of his clerks ; and perceiving that the employment
would not raise a fortune, I resolved to travel into foreign
lands, and to gain learning and knowledge and experience
abroad in the world. And it pleased the Almighty, by
his divine Providence,1 to take me, I may justly say, by
the hand and lead me into Ireland, where I happily
arrived in Dublin, on the Midsummer Eve, the 23rd day
of June, 1588.'
It is interesting to know the stock-in-trade necessary
for an adventurous youth, gaining lordships and manors
to the value of a hundred thousand a-year. Eichard
Boyle was twenty-two years of age, and on that Mid-
summer Eve, when he walked the streets of Dublin ' all
my wealth then was 271. 3s. in money, with two tokens
which my mother had given me-
-viz., a diamond ring,
1 The motto over the gateway of the Castle of Lismore is, ' God's Providence
be mine Inheritance.'
THE GREAT EARL OF CORK. 379
which I have ever since and still do wear, and a bracelet CHAP.
of gold worth about ten pounds ; a taffety doublet, cut -'L* t _!^
with and upon taffety, a pair of black velvet breeches,
laced, a new Milan fustian suit, laced and cut upon taffety,
two cloaks, competent linen, and necessaries, with my
rapier and dagger.'
With his skill in turning every circumstance to profit,
he soon acquired considerable property, and likewise con-
siderable envy. He says : — ' When God had blessed me
with a reasonable fortune and estate, Sir Henry Wallop ;
Sir Eobert Gardiner, Chief Justice of the King's Bench ;
Sir Eobert Dillon, Chief Justice of the Common Pleas ;
and Sir Eichard Bingham, Chief Commissioner of Con-
naught, being displeased for some purchases I made in
that province, they all joined together by their lies, com-
plaining against me to Queen Elizabeth, expressing that I Com-
canie over without any estate, and that I make so many ^Tinst
purchases as it was not possible to do without some him-
foreign prince's purse to supply me with money. That I
had acquired divers Castles and Abbeys upon the sea-side,
fit to entertain and receive Spaniards. That I kept in my
Abbeys fraternities, and convents of friars in their habits,
who said mass continually, and that I was suspected in
my religion; with divers other malicious suggestions.'
At this period the Desmond rebellion broke out, and
all his lands were wasted. Boyle contrived to reach
London, and betook himself to his former chamber in the
Middle Temple, intending to renew his legal studies till
the rebellion was suppressed. But he must tell his own
story : — ' Eobert Earl of Essex was designed for the Go- Recom-
vernment of this Kingdom (Ireland), unto whose service
I was recommended by Mr. Anthony Bacon, whereupon
his Lordship very nobly received me, and used me with
favour and grace, in employing me in issuing out his
patents and commissions for the Government of Ireland ;
already Sir Henry Wallop, treasurer, having notice, and
being conscious in his own heart, that I had sundry
papers and collections of Michael Kettlewell, his late
380
EEIGN OF CHARLES II.
CHAP.
XXVII.
Com-
plaints
renewed.
Taken
prisoner.
Examined
before the
Queen.
The
Queen's
judgment
in his
favour.
under treasurer, which might discover a great deal of
wrong and abuse, done to the Queen in his late accounts,
and suspecting, if I were countenanced by the Earl of
Essex, that I would bring those things to light, which
might much prejudice or ruin his reputation or estate,
although I vow to God, until I was provoked, I had no
thought of it ; yet he, utterly to suppress me, renewed
his former complaints against me to the Queen's Majesty.
Whereupon, by her Majesty's special directions, I was
suddenly attacked, and conveyed close prisoner to the
Gate-house, all my papers seized and searched, and al-
though nothing could appear to my prejudice, yet my close
restraint was continued, till the Earl of Essex was gone
to Ireland ; two months afterwards, with much suit, I
obtained the favour of her sacred Majesty, to be present at
my answers, when I so fully answered and cleared all
their objections, and delivered such full and evident justi-
fications for my own acquittal, as it pleased the Queen to
use these words, " By G — 's death, these are but inventions
against the young man, and all his sufferings are but for
being able to do us service, and these complaints urged
to forestal him therein. But we find him a man fit to be
employed by ourselves, and we will employ him in our
service, and Wallop and his adherents shall know that it
shall not be in the power of any of them to wrong him,
neither shall Wallop be any longer our Treasurer."
Thereupon she directed her speech to the Lords of the
Council then present, and commanded them presently to
give her the names of six men, out of which she might
choose one to be Treasurer of Ireland. Her election fall-
ing on Sir George Carew of Cookington. And then the
Queen arose from the Council, and gave orders, not only
for my present enlargement, but also for discharging all
my charges and fees during my restraint, and gave me
her royal hand to kiss, which I did heartily, humbly thank-
ing God for that deliverance.'
o
Truly Richard Boyle might have applied to himself the
lines of the great contemporary dramatist : —
THE GREAT EARL OF CORK. 381
Lo, even that which mischief meant most harm, CHAP.
Shall in the hour of trial prove most goodly— XXVII.
Evil shall back upon itself recoil.
Richard Boyle first married Mrs. Jane Apsley, who brought His first
him landed property worth 500L a-year. She died at Mal-
low, in the county of Cork, 011 December 14, 1599, and
was interred in Butteraut Church. He remained four
years a widower, when he married secondly, on July 25, Second
J marriage.
1603, Catherine, only daughter of Sir Geoffry Teuton,
principal Secretary of State, and a Privy Councillor. This,
he takes care to tell us, was not a mercenary marriage.
' I never demanded any marriage portion, neither promise
of any, it not being in my consideration, yet her father,
after my marriage, gave me 1,000?. in gold with her ; but
that gift of his daughter unto me, I must ever thankfully
acknowledge as the crown of all my blessings, for she was
a most religious, virtuous, loving, and obedient wife unto
me all the days of her life, and the happy mother of all my
hopeful children, whom with their posterity I praise God
to bless.'
On the occasion of his second marriage Richard Boyle Knighted.
was knighted, and, by the patronage of Sir George
Carew, Lord President of Munster, he was appointed
Clerk of the Council for that province.1 He was sent with
dispatches to Queen Elizabeth, to announce the success Bears dis-
of her Majesty's forces at Kinsale, and used such expedi- the Queen.
tioii in his journey that he left the Lord President at
Shandon Castle, Cork, on Monday morning, and next day,
Tuesday, delivered his packet, and supped with Sir Robert
Cecil, principal Secretary of State, at his house in the
Strand. At seven in the morning Cecil presented Sir
Richard Boyle to Queen Elizabeth in her bedchamber,
who remembered him, calling him by his name, and giving
him her hand to kiss. She said she was glad he was the
o
happy man to bring her first news of that glorious vic-
tory.
1 Commission dated November 16, 1602. Salary 20/. per annum with large
fees of office.
382
EEIGN OF CHARLES II.
CHAP.
XXVII.
Purchases
the estate
of Sir
Walter
Haleigh.
Letter to
Raleigh's
son.
On liis return to Cork, Sir George Carew proposed that
Boyle should purchase the estates granted by the Crown
to Sir Walter Raleigh, which were then unprofitable. He
also wrote to Sir Walter, urging him to sell these lands,
then untenanted and of no value to him, and to Sir Robert
Cecil, requesting that wily statesman to advise Raleigh to
sell these lands to Sir Richard Boyle. The result was,
property consisting of forty thousand acres, lying along
the lovely valley of the Blackwater, in Munster, was pur-
chased by Boyle for a thousand crowns.1
1 This sale was questioned after the execution of Raleigh. In Gibson's
History of Cork, vol. ii. p. 31, is the following letter from the Earl written
January 16, 1631, from Dublin, to Sir Walter's son : —
' Honourable Sir, — I received letters from you of November 11, 1630, where-
unto I made you a present answer, and in these my letters did represent unto
you the infinite trouble and charge that your lady-mother and yourself did
undeservedly, without any just grounds, by unnecessary suits, draw upon me
when I was in England, which I shall not thoroughly recover these many
years. I also tendered to your consideration how I purchased your father's
lands, when they were utterly waste and yielded him no profit.
' The sum that he and I agreed upon was really paid, whereof I paid him in
ready gold a thousand crowns sterling, after his attainder, when he was a
prisoner in the Tower. Which debt of mine to him, being forfeited to His
Majesty, I made choice (out of my love to him) rather to supply him with all
in his extremity than to accept a composition tendered to me by Sir John
Ramsay, after Earl of Holderness, who. for five hundred marks in ready money,
offered to procure me a discharge, under the broad seal for the debt, yet in
regard yo\ir father made it appear unto mo, that he hoped, so he might be
supplied with the thousand crowns, that it would do him more good than a
thousand pounds would have done him before he fell into his troubles, and
much avail towards the procuring of his enlargement, which my affection
guided me to make choice of, although it constrained me to tarry two months
in London, and to sue out a release to the King for the money, under the
Great Seal, at my own charge, which the fees, with my own stay in London for
no other cause, was very expensive and burdensome unto me, it standing me
in no less than two Imndred pounds sterling.
' Again, upon my purchase from your father, he entered into bonds to me of
six thousand crowns, which I have extant under his hand and seal, to free the
land, as well from all arrears due to the Queen which amounted to about one
thousand marks, as from all other charges and encumbrances made by him,
before he conveyed the lands to me. And I am confident, if Her Majesty's
death and his own troubles had not happened, he would have cleared all these
arrears, according to his undertaking, which afterwards I was enforced to dis-
charge, as also to pay (as I can make it evidently appear) other two thousand
seven hundred and odd pounds for freeing the lands from such former estates
and encumbrances as your father hath made them liable and subject unto,
contrary to his covenant and bond, upon either of which I could have no
remedy against him by reason of his attainder.'
THE GREAT EARL OF CORK. 383
The purchase cost the Earl of Cork more money than he CH.\ p.
ever paid to the unfortunate Sir Walter Kaleigh. On the.
lands near Youghal, and close beside this historic town of
which I have narrated the chief events,1 stood the College
of Youghal, a religious foundation of the Fitz Geralds of
The letter further recites various sums given to Sir Walter and for his use.
' And tho very day that he took shipping from Cork, on 'his last fatal voyage, he
did me the honour to dine with me at Sir Randall Clayton's house. Where
he called unto him the Lord Barry, the Lord Roche, his son Watt Raleigh,
Captain Whitney, and divers others ; and taking his son by the hand told
them all that I had kept continual house for three months together for him-
self and his company, and that I had supplied him with several provisions for
victualling of his ships, and with three hundred and fifty crowns in ready
money, and also supplied most of his captains in his fleet with money, and that
now I would needs press upon him a hundred pounds in French crowns, which
I have no need of nor will not take. He again took his son by the hand, and
said unto him, <; Watt, you see how nobly my Lord Boyle hath entertained and
supplied me and my friends, and therefore I charge you upon my blessing, u
it please God that you outlive me and return, that you never question the Lord
Boyle for anything that I have so'd him, for I do lay my curse upon my wife
and children if they ever question any of the purchases his Lordship hath made
of me ; for if he had not bought my Irish land of me, by my fall it would have
come to the Crown, and then one Scot or other would have begged it, from
whom neither I nor mine would have had anything for it, nor such courtesies
as I now have received." I accompanied him on shipboard and at my depar-
ture he reviewed the favours I had done him, and this was the last time that I
saw his face.
' Sir, for conclusion I am well satisfied by very learned counsel, and I think
you are of the same opinion, that neither yourself or your mother can either
bylaw or equity recover anything from me, yet nevertheless, if you will both join
in perfecting such a release as my counsel shall draw up, and I send unto you,
and that without any condition I ivill make it appear unto you that I honour
and respect those that your noble deceased father hath left behind him ; or if
you rather desire to make your pretended right, either in law or equity, to
appear before two indifferent and understanding lawyers that are men of
learning and integrity, and that you likewise make it evident unto them what
strength and addition of title, or any act your mother and you can do, that may
tend to the bettering of your estate, I am very likely to be induced upon notice
from you of the lawyer you will choose, to nominate and join another unto
him to hear and determine your pretences. And so praying you to believe
that I have not been so ill-bred to neglect the answering of any noble gentle-
man's letters as I esteem you to be. I wish your lady-mother and yourself all
happiness, so take leave.
'Yours, Sir, to command,
' R. CORKE.'
1 Historical and Picturesque Guide to the Blackwater in Monster, by J. R.
O'Flanagan: Loud. 1814.
384
EEIGN OF CHAKLES II.
CHAP.
XXVII.
Case of
P>ishop
Athorton.
Desmond. It possessed about 600L a-year endowments;
and in 1597, Nathaniel Baxter, then Warden of the College,
was bound under penalty of a thousand marks to resign
the place to Queen Elizabeth in forty days. Before this time
expired Baxter assigned the College and the livings to Sir
Thomas Norris, then Lord President of Munster. He trans-
ferred it to William Jones of Youghal, as trustee for Sir
Walter Raleigh. Jones parted with his interest to Sir George
Carew, who conveyed the same to Sir Eichard Boyle. On
the attainder of Raleigh, Boyle paid a thousand pounds to
King James I., and obtained a patent, in 1604, for all Sir
Walter Raleigh's lands in Ireland, this College being 011
them ; but Sir James Fullarton had obtained, in the pre-
vious year, 1603, a grant of concealed Church lands, which
entitled him to claim the endowed lands of Youghal
College, so that Boyle had to purchase afresh from Fullar-
ton. Boyle not being quite satisfied as to the validity of
his title to these College lands, thought it well to have a
kinsman Warden, and accordingly applied to Sir George
Carew, that his relative, Doctor Boyle, be made Warden,
which was acceded to. The Reverend Dr. Boyle, when
Warden of the College, conveyed the revenues shortly after
the marriage of his kinsman, Sir Richard, with the daughter
of Sir Geoffrey Fenton, as a jointure for the lady. The
indenture bears date April 8, 1605, and sets forth the
College and all the edifices, lands, parsonages, rectories,
and vicarages, in more than one diocese, with all their
advowsons and patronages, to hold in fee farm for ever, at
a rent of twenty marks yearly.1
The Bishop of Waterford, Dr. Athertoii, took proceed-
ings against the Earl of Cork for the recovery of Ardmore,
Lismore, and other lands belonging to the Church, which,
under the purchase from Sir Walter Raleigh, the Earl got
into his possession. We learn from Ryland 2 his lordship
compounded for the lands of tLe See of Waterford, by
giving back Ardmore to the Church, but Bishop Atherton
1 Gibson's History of Cork, vol. ii. p. 38.
2 History of Waterford.
THE GREAT EARL OF CORK. 385
sueing for the remainder, and being well qualified by his CHAP.
talents and spirit to go through with the suit, fell, as <JL_,__^
there is too much reason to think, a sacrifice to that liti-
gation,1 when he suffered for a pretended crime of a secret
nature, made felony in that Parliament upon the testimony
of a single witness, that deserved no credit, and who in
his information pretended that the crime had been some-
time before committed upon himself. The Bishop, during
all the time of his most exemplary preparation for death,
and even at the moment of his execution, is stated to have
absolutely denied the fact, and the fellow who swore
against him when he came to be executed himself, some
time after, confessed at the gallows the falsehood of his
accusation.' 2
We have seen in the memoir of Lord Chancellor Lord The Earl
Loftus, that, on the departure of Lord Falkland, Lord £^'rk'
Deputy in 1629, the Lord Chancellor and Earl of Cork Justice.
were Lords Justices. While in office, we are informed,
' several Popish houses were seized in Dublin for the King's
use.' This is not quite correct, for Lord Cork contrived to
become the possessor of a goodly mansion which has given
the name to the hill on which it stood, close to Dublin
Castle, and is called Cork Hill at this day. Lord Went- Lord
worth became Viceroy in 1631, and received the Sword of wo
State from the Lords Justices. Both pretended great joy Lord
at his coming ; we have read the fulsome lei ters of Loftus ;
the Earl of Cork was equally adulatory. In a letter ad-
dressed by him to the Lord Treasurer of England, the
Earl writes —
' Eight Honorable and my Singular Good Lord, — Lrtter
'I gladly understand that his Majesty, in his high to the Lord
wisdom, hath made choice of the Lord Viscount Went-
worth to be Lord Deputy General of Ireland, of whose
nobleness, wisdom, and plentiful estate I heard much when
1 When Dr. Ryland in his History of Waterford was suggesting a serious
imputation upon the character of the Earl of Cork he should have given some
evidence of the Earl's complicity, if there was any, instead of recording what
probably was only the whisper of his enemies. J Ware's Bishops.
VOL. I. CO
386
KEIGN OF CHAELES II.
CHAP.
XXVII.
Dispute
about the
Cork mo-
nument.
Laud's
proposal.
The Earl
in the
Castle
Chamber.
I was at Court, whereof reports liatli made an addition
from thence, since lie was designed for this Government,
which I shall with all alacrity yield up to him, as I am
confident in general tranquillity, having a full heart, full
of comfort, in that a nobleman of his abilities and reputa-
tion, with so full and absolute power, shall govern us.' '
As in the case of the Lord Chancellor, this comfort to
the heart of the Earl was not destined to last long. The
first dispute was about the tomb which the Earl erected
in the choir of St. Patrick's Cathedral, an immense pile
of sculpture with a background of black marble, showing
sixteen figures painted and gilt. This monument the
Lord Deputy resolved to pull down, and the Earl, writing
to Sir William Beecher on March 20, 1633, says—' I'd
rather have my hand cut off.' Both the Earl and the
Viceroy appealed to Laud, Archbishop of Canterbury, who
clearly thought the place selected by the Earl highly ob-
jectionable. In a letter to the Lord Primate, who was a
friend of the Earl's, Laud wrote : — ' The information here
was, that his Lordship had got up his monument at the
end of the choir, just in the place where the altar or com-
munion-table stood, a place most unfit for such a purpose,
and not offered, for aught I know, to be taken by any
King in Christendom, and therefore most unfit for a sub-
ject.' Laud was willing to temporise. His plan was
characteristic of the time. ' The monument,' he suggests,
* may stand, if screened off from the choir. I can hardly
believe the Earl had good counsel to put it there.' 2 The
Earl carried his point; the monument was not removed;3
but Wentworth was not a man to be conquered with im-
punity. Next year the Earl was summoned to appear
before the Viceroy in the Court of Castle Chamber. Here
the Attorney-General, Sir Richard Reeves, preferred
charges against him for the illegal possession of the
1 Gibson's History of Cork, vol. ii. p. 41.
2 Ibid. p. 44.
3 It has been placed in another part of the church during the recent restora-'
tion by the munificence of Sir Benjamin Guinness.
THE GEEAT EAEL OF CORK. 38
College and revenues of Youghal. His cousin, the Ex- CHAR
Warden, then Bishop of Cork, and the Bishop of Water- ^xxv ILj
ford were likewise charged with aiding and assisting the
Earl of Cork in the illegal possession of this property.
The Earl played the game of delay, and, not having the
deeds and documents relating to the Youghal property at
his house at Dublin, pleaded his privilege, ' it being Par-
liament time.' The case was postponed to the ensuing
term. Then he produced his patents and leases ; Lord
Weiitworth adjourned the case, and sent a message to the
Earl that ' if he consented to abide by his award, he would
prove the best friend he ever had.'
Lord Cork agreed, and we can imagine his consternation
when the Viceroy's decision was ' that he should be fined A hea\y
fifteen thousand pounds for the rents and profits of the
Youghal College property, and surrender all the advowsons
and patronage — everything except the College-house and
a few fields near the town.' The Earl did not meet with
much sympathy on this occasion. Some persons positively
rejoiced at his being compelled to disgorge so large a share
of his suddenly-acquired wealth. Archbishop Laud wrote
a congratulatory letter, in rather coarse style, to the
Deputy, dated November 15, 1633. It was as follows : —
' My Lord, —
' I did not take you to be so good a physician as you are Laud's
for the truth ; a great many Church cormorants have fed letter-
so full upon it that they are fallen into a fever, and for
that no physic is better than a vomit, if it be given in
time, and therefore you have taken a very judicious course
to administer one so early to my Lord Cork. I hope it
will do him good, though, perchance, he thinks not so, for
if the fever hang long about him or the rest, it will cer-
tainly shake either of their estates to pieces. Go on, my
Lord, I must needs says this is thorough, indeed, and so
is your physic, too, and that is thorough.'1 The Irish
1 Lord Macaulay says that Wentworth was the first to use this word thorough.
The word occurs in Spenser's View of the State of Ireland. We may conclude
from Laud's play upon the word it was a favourite term with the Viceroy.
Note to Gibson's Cork, vol. ii. p. 46.
c c 2
388
REIGN OF CHARLES II.
Strafford
in the
Tower.
CHAP. Viceroy soon had other work to occupy his attention than
^\ making Irish cormorants disgorge their plunder. The
Long Parliament commenced sitting, and the combined
wrath of three nations fell upon the devoted head of
Strafford Thomas Wentworth, Earl of Strafford. I must confine
•in danger, myself to the share Ireland had in laying his haughty
head on the block. He was summoned from Ireland by
Charles I., and, aware of his unpopularity in England,
was reluctant to go to London, but the Xing pledged
TheKing's himself 'that not a hair of his head would be touched.'
Repairing to the Court, the Viceroy was at once impeached
by the House of Commons, ordered into custody, and com-
mitted to the Tower. A Committee of thirteen was in-
trusted with the office of sustaining the charges against
him. These members of the House of Commons, joined
to a Committee of the Lords, were invested with authority
to examine all witnesses, to call for every paper, and to
use any means of scrutiny into any part of the Earl's
behaviour and conduct.1 The Irish Houses of Parliament
were only too glad to have the opportunity of assisting in
the downfall of the haughty Viceroy. Sir John Clotworthy
and others gave all their attention to carry on the prosecu-
tion, and the Earl of Cork was perhaps no reluctant wit-
ness of bis maladministration, though he would fain have
us believe he preferred not being examined. He says,
' Though I was prejudiced in no less than 40,000/. and
2,000 marks a year,1 I put off my examination for six
weeks.' The Earl says, ' he was so reserved in his answers,
that no matter of treason could by them be fixed upon the
Earl of Strafford.'3 But there was matter enough; the
articles of impeachment numbered twenty-eight, and re-
ferred to his conduct as President of the Council of York,
as Lieutenant of Ireland, as Councillor or Commander in
The case of Lord Mountnorris was adduced
Irish Par-
liament
assist in
his prose-
cution.
Earl of
Cork a
witness.
Twenty-
eight
Articles.
Case of
Lord
jVIount-
norris.
England.
1 Clarendon, vol. i. p. 192.
2 This was not a small estimate for a very subordinate portion of the vast
territory he bought from Raleigh for a thousand crowns !
8 Gibson's History of Cork, vol. ii. p. 46.
THE GREAT EARL OF CORK. 389
as a flag-rant proof of his arrogant, unconstitutional, and CHAP,
unjust conduct while Viceroy of Ireland. It was this— -_ 1 ' , _'-
During a dinner-party at the Lord Chancellor Loftus's,
it was stated that Annesley, one of the Lord Deputy's at-
tendants, brother of Lord Mountnorris, in moving a stool
had sorely hurt his master's foot, who was at that time
afflicted with the gout. ' Perhaps,' said Lord Mountnorris,
who was among the guests, ' it was done in revenge of
that public affront which my Lord Deputy formerly put
upon him, but he has a brother who would not have taken
such a revenge.'
These words were reported by some mischief-makers to
the Viceroy, who, on pretence, or perhaps real alarm lest
the suggestion might prompt Annesley to avenge himself
in another manner, ordered Lord Mountnorris, an officer Court
in the army, to be tried for mutiny and sedition against J Ultia '
his General.1 The Court-Martial, consisting of the chief
officers then quartered in Ireland, appear to have taken
an extreme view of the guilt of the accused, for they found
the offence capital, and sentenced him to be beheaded.
Lord Strafford, in reply to this article of impeachment
against him, defended himself by saying ' that the sentence
of the Court Martial was the unanimous decision of the
Court, not of the Lord Deputy. That he spoke not to
any member of the Court, nor voted in the trial, but sat
uncovered as a party, and immediately withdrew, not, by
his presence, to influence their decision. That when he
was acquainted with the sentence he thought it iniquitous,
and did not keep Lord Mountnorris a moment in suspense
with regard to his fate, but instantly told him " he would
sooner lose his right hand than execute such a sentence,'
and at once procured his Majesty's free pardon for that
nobleman." Hume, in noticing this case, says, ' These
excuses alleviate the guilt ; but there still remains enough
to prove that the mind of the Deputy, though great and
1 The Viceroy is styled Lord Lieutenant General and General Governor of
Ireland.
- Lord Moimtnorris lived to A.n. 1660.
390
EEIGN OF CHARLES II.
CHAP.
XXVII.
True
reason for
the im-
peachment
of Lord
Chancellor
Bolton
and others.
Strafford's
trial.
His
opinion of
the Coun-
sel against
him.
firm, had been not a little debauched by the riot of abso-
lute power and uncontrolled authority.' 1
We now learn the true reason for the impeachment of
Lord Chancellor Bolton, Chief Justice Lowther, and Bram-
hall, Bishop of Derry. It was the Irish House of Commons
playing their part of the programme to bring Strafford and
his master to the block ; ' it prevented these persons who
were best acquainted with Strafford's councils giving evi-
dence in his favour before the English Parliament.'2
The trial of Lord Strafford must have been a solemn
one. It took place in Westminster Hall, in the presence
of the Lords and Commons — the one as accusers, the other
as Judges. Besides the chair of State, a close gallery was
prepared for the King and Queen, who attended during
the whole trial. We may be sure both felt the most in-
tense interest in every stage of the State trial. When
Whitelock, who was elected chairman of the committee
appointed to draw up the impeachment, refused to have
anything to do with an article charging the Earl 'with
the design of bringing over the army from Ireland for the
purpose of reducing England to subjection,' on the intel-
ligible ground, ' that it was not honourable for the House
of Commons to proceed upon an article whereof they could
not make a clear proof,' the management of this charge
was entrusted to Sir Walter Earle. He made such a
wretched hand of it that the Queen, enquring his name,
said, ' that water-dog did bark, but not bite ; but the rest
did bite close.' 3 This shows how well she judged the
progress of the case. Strafford bears testimony to the
ability and fair spirit with which some of the counsel for
the prosecution acted. ' Glynne and Maynard,' he said,
' used him like advocates, but Palmer and Whitelock 4 like
gentlemen, and yet left out nothing that was material to
be urged against him.' The defence of Strafford won the
following tributes from two great lawyers and orators of
1 History of England, vol. vii. p. 300. 2 Ibid. p. 297.
3 Hume, History of England, vol. vii. p. 297.
4 Lord Campbell's Lives of the Chancellors of England, vol. iii. p. 22.
THE GREAT EARL OF CORK. 391
different times and nations. Whitelock said, ' Certainly CHAP.
never any man acted such a part on such a theatre with '
more widom, constancy, and eloquence, with greater
reason, judgment, and temper, and with better grace in tribute to
all his words and gestures, than this great and excellent quent de-
person did ; and he moved the hearts of his auditors, some fence-
few excepted, to remorse and pity.' l '
Lord Chief Justice Whiteside's words are corroborative ^«rd Chief
of this opinion : — ' "Never did mortal man speak for another Whiteside
as did Strafford for himself, for his dignities, his life.' The f lo|!se?,
Stratford s
records of human eloquence contain no finer lesson. It is speech.
impossible to read his immortal defence without being
touched even to tears. By the law of treason he was not
guilty; a special law of attainder was enacted for his
ruin, and a precedent set, too bad to follow. His enemies
argued, with some plausibility, that if an offender should
be proscribed who violated a particular law, ought not the
great offender to be punished who violated the spirit of all
law ? The Peers of England, to their disgrace, convicted
him. The King deserted him at the last moment. He
walked heroically to the scaffold, placed his head com-
posedly on the block, repeating, as he did so, ' Put not
your faith in Princes.' Another Chief Governor of Ireland
executed for his crimes as Governor.2
Lord Cork's diary contains the following entry of this Earl of
event : — ' This day the Earl of Strafford was beheaded.
No man died more universally hated, or less lamented by
the people.' The Earl of Cork did not long survive the
Viceroy. He died in Toughal in 1643. Borlase says, Death of
' He was a person for his abilities and knowledge in affairs
of the world eminently observable, inasmuch as, though he
was no Peer of England, yet he was admitted to sit in the Allowed to
house of Lords UPON THE WOOLSACK, ut consiliarius.' This Woolsack.
clearly entitles this remarkable man to a place in these
pages, and I trust I have not taken up more space than
his career, so full of incident and interest, warranted.
1 Whitelock's Memoirs, 44.
- Life and Death of the Irish Parliaments, Part I. p. 63.
392
REIGN OF CHARLES II.
CHAP.
XXVII.
Michael's
father.
Michael
born in
A.D. 1609.
Takes
degrees in
Oxford and
Dublin.
His first
living.
De;in of
Cloyne,
Chaplain
General.
MICHAEL BOYLE, the future Lord Chancellor of Ireland,
was nephew of the Earl. He might truly be said to have
been 'to the mitre born.' He was son of Richard Boyle,
mentioned in the foregoing narrative as Warden of
o cu
Youghal College ; who, on the death of his brother, John
Boyle, Bishop of Cork, Cloyne, and Ross, in 1620, was,
through the interest of Richard styled the Great Earl of
Cork, appointed to succeed John as bishop of this diocese.
He was subsequent!}', on May 30, 1638, translated to the
Archiepiscopal See of Tuani. He died in 1644, having
issue by Martha, daughter of Richard Wright, of Cathe-
rine Hill, Surrey, two sons and nine daughters. His sons
were Michael, afterwards Lord Chancellor of Ireland, and
successively Bishop of Cork, Cloyne, and Ross, and Arch-
bishop of Dublin and of Armagh, born in 1609, and
Colonel Richard Boyle, killed at Drogheda, A.D. 1649, in
the indiscriminate massacre ordered by Cromwell after
he had gained possession of the town.
The youth of Michael was spent chiefly in Munster,
while his father resided in Cork, and being designed for
the Church, in which his uncle, the Earl, possessed im-
mense patronage, received a very excellent education.
In 1637, Michael Boyle, the Earl's nephew, graduated
as Master of Arts in Oxford, and subsequently took the
degree of Doctor of Divinity in the University of Dublin.
He was not long in the subordinate rank of curate.
Shortly after he was ordained, July 22, 1637, he was pre-
sented to the living of Cloiirriest, in the county of Cork.
But a rectory was not sufficient for a divine so highly
connected as the Reverend Michael Boyle, D.D. He
aspired to a position of greater dignity, and soon obtained
it. In 1640 he was made Dean of Cloyne, in the diocese
of Cork, and on the breaking out of the civil war in the
following year, received, in addition, the lucrative office of
Chaplain-General to the Army of Munster, with the allow-
ance of twenty shillings a day. He had an excellent
opportunity of witnessing and sharing in most of the im-
portant events which took place. The Irish, under Sir
LIFE OF LORD CHANCELLOR ARCHBISHOP BOYLE. 393
Phelim O'Neill, were 30,000 strong, and soon overcame CHAP.
several of the northern counties. The English possessed 1^ '^
the cities and towns, which shortly gave them the com- r . jms,oi
in and of the rural districts ; and when they gained the
power of the sword, they used it with relentless sway.
In 164-4, Dean Boyle used his influence with Lord Negotiates
Castlehaven, who commanded the Irish army in Minister, raile>
to spare Doneraile, a pretty town in the northern part of
the county of Cork, the seat of the St. Leger family (Vis-
count Doneraile), and which acquires interest for all lovers
of literature from its proximity to Kilcolman Castle,
Spenser's Irish residence.1 When Lord Castlehaven made
his rendezvous at Clonmel, he writes, ' Thither came Dean
Boyle, who was then married to my Lord Inchiquiii's
sister; his business was to persuade me to spare Done-
raile, and other houses and castles not tenable. I an-
swered that I desired it as much as he, though hitherto
•* o
they had annoyed the country equally as if they had been
strong; I told him, in short, I had orders to take all I
could, and such as I thought not fit to garrison to destroy.
Yet, if he pleased to cause the garrisons to be drawn out,
and by letters from the owners to put them into my
hands, I would appoint some few men unto them, with
commanders in whom I most confided, and would make it
my business to intercede to the Council to preserve them.
The Dean and I parted good friends ; but whether he
could prevail or no with my Lord Inehiquin, or the
owners, I know not ; but I heard no more from him.' 2
The northern Irish wrere inspirited by the valour, and Important
guided by the counsels, of the famous Owen Eoe O'Neil, evei
whose death was the most signal loss his army could sus-
tain. The history of the Confederation of Kilkenny ; and
the government of Ireland by the Marquis of Ormond;
Cromwell's ruthless rule ; and the Restoration of Charles
II., are deeply interesting, but foreign to these memoirs.
1 It has another claim upon me, as the Rector is a dear and valued friend,
and an able literary colleague in the pages of the Dublin University Magazine.
" Castlehaven ^Memoirs.
394
KEIGN OF CHAKLES II.
CHAP.
XXVII.
Bishop of
Cork in
1660.
Sinecures.
Watches
the Act of
Settle-
ment.
Compli-
mented by
the Irish
House of
Lords.
In 1660, Dean. Boyle, with eleven other clergymen, were
consecrated together as Bishops in St. Patrick's Cathedral.
He obtained the united Sees of Cork, Cloyne, and Ross.
He also was admitted a member of the Privy Council of
Ireland. l Not content,' says D' Alton,1 'with the afore-
said three bishoprics, he held possession of six parishes in
the western portion of his diocese, as sinecures, under
colour he could not get clergymen to serve them, in con-
sequence of which he received a very severe reproof from
his relative, Roger Earl of Orrery, Lord President of
Minister.
But a mission was at this period intrusted to the Bishop
of Cork, which obliterated any pain from the wound in-
flicted by his cousin's censure. He had been made a
Privy Councillor, and was selected by the Irish Lords
Justices to repair to England, in order to watch the pro-
gress of the Act of Settlement, which vitally concerned
the Protestant interest in Ireland. Having a thorough
knowledge of the State of the Protestants, and, no doubt,
a very eager desire that no influence should diminish
their powers, or impair the fortunes which they had
acquired by the overthrow of the Catholic proprietors
during the civil war and the Commonwealth, and having
great Parliamentary influence by his connexions and
friends, he executed his trust to the entire satisfaction of
the party he represented. The following proceedings in
the House of Lords, Ireland, under date of Saturday,
May 24, 1662, shows the sense that House entertained of
the Bishop's success : — ' It is ordered by the Lords Spi-
ritual and Temporal in the present Parliament assembled,
that the memorial of thanks to the Lord Bishop of Cork
for his services performed in England, be entered in the
journals of this house, in lirec verba.
' Upon a report made this day by the Lord Viscount
Conway, and the Lord Viscount Massareene, unto this
House, of the ample, clear, and undoubted testimonies
which his Majesty's Lords Justices of Ireland have received
1 Lives of the Archbishops of Dublin, p. 281.
LIFE OF LORD CHANCELLOR ARCHBISHOP BOYLE. 395
of the great and eminent services performed, both to his
Majesty and this kingdom, by the Right Reverend Father
in God, Michael Boyle, Lord Bishop of Cork, in the late
trust he was employed about in England, concerning the
Bill for the Settlement of Ireland, which hath been emi-
nently carried on and managed by his presence, virtue,
and indefatigable endeavours. It is ordered that the said
Lord Bishop, for his effectual endeavours in accomplishing
that service which was committed unto him by the Lords
Justices and Council, in reference to the good and settle-
ment of this Kingdom, be entered in the journal book of
this House, together with the Lords Justices' recommenda-
tion, to remain to posterity as a mark of honour and tes-
timony of the gratitude of the House to the said Lord
Bishop of Cork.' l
In 1663, Dr. Boyle was translated from the Province of Arch-
Munster to Leinster, on being appointed Archbishop of °°
Dublin. At head quarters, with great political influence, A.D. 1663.
he was not likely to let any opportunity escape of enrich-
ing the See ; and the Patent Rolls in Chancery bear
witness of his activity. By the Act of Settlement he had
further confirmation of the lands of his See, together with
an augmentation of so much of the forfeited lands as
increased the total amount of the income of the Dioceses
of Dublin and Gleiidalough, over and above certain manors
and several lands, to the yearly value of 2,OOOL, which he
subsequently further increased.
He repaired and beautified the archiepiscopal palace of
St. Sepulchre. To enable him to defray the expense of his
removal from Cork to Dublin, and to put the palace in Receives
good repair, King Charles II. presented him with 1,000/., ^^ t^e
payable out of the profits of the estates of the persons King.
mentioned in the Act of Settlement, who purchased decrees
and lands in Connaught and Clare, in the right of persons
transplanted, but whose estates were confirmed to them.
He had large grants decreed to him by the Act he was so
instrumental in passing.
In 1663, on the death of Sir Maurice Eustace, Arch- Lord Chan-
cellor,
1 Law Jour. Ir. vol. i. p. 302. A.D. 1663.
396
REIGN OF CHARLES II.
CHAP.
XXVII.
Translated
to Armagh.
Royal
Hospital,
Kilmaiu-
hani.
Lord
Chancellor
and others
appointed
a com-
mittee.
bishop Boyle received the high office of Lord Chancellor
of Ireland, and appears to have discharged the judicial
functions with due dignity, ability, and integrity. I sub-
join to this memoir a notice of the orders in Chancery used
and framed for the convenience of suitors of his Court,
and, in many points, the same procedure which is now in
force was then practised. It may be interesting to the
practitioner to find how little change 200 years have made
in the High Court of Chancery in Ireland. Indeed, the
principal alterations have been made by the legislation of
the last few years, which tend to relieve the Lord Chan-
cellor of much responsibility, and lead to the elucidation
of facts by oral examination.
In 1678, the Chancellor was again translated from the
See of Dublin to the Primacy of Armagh. He had thus
worn the mitre in the three Provinces — of Muiister,
Leiiister, and Ulster.
In 1679, an Order in Council was made, to which the
Royal Hospital of Kilmainhani owes its existence. It di-
rected that sixpence in the pound be deducted out of the
pay of the Irish army, then numbering 7,000 men, and
that the amount should be issued and employed towards
the building and settling an Hospital for Irish pensioners.
And, for the speedy execution of His Majesty's said direc-
tions, the Lord Lieutenant, Marquis of Orniond, did ac-
cordingly order that Michael Lord Archbishop of Armagh,
the Lord Chancellor of Ireland, John Lord Archbishop
of Dublin, Eichard Earl of Arran, Sir Charles Meredith,
Chancellor of His Majesty's Exchequer, Sir Robert Booth,
Lord Chief Justice of the King's Bench, and many others,
any three of them to be a standing Committee, to send for
artists and workmen, and treat with them for building the
said Hospital. A sum of 23,5 79L was then raised and
expended, and the Royal Hospital has been since an
Asylum in Ireland for brave old soldiers, natives of
Ireland.1
1 Attempts to abolish this institution have been made from time to time.
In 1833, again in 1852 — and in 1870, there were indications wiiioli caused ap-
prehension the meditated injustice was not abandoned.
LIFE OF LOKD CHANCELLOR ARCHBISHOP BOYLE. 397
While Lord Chancellor Boyle was presiding over the CHAP.
~- " T
TT T T
Court of Chancery in Ireland, a great equity lawyer filled ^\ _ '^
the analogous position in England — Heneage Finch, Earl
of Nottingham. Like all the Irish Chancellors whose
lives I have so imperfectly traced, this great Judge has
suffered from the want of reporters ; and, though there
have been, for many centuries, some contemporary re-
porters, good, bad, and indifferent in England, unfortu-
nately, until within the last hundred years, we had 110
attempt whatever to publish regular reports in Ireland.
No, doubt, as has been well observed,1 ' much incon- Reports of
veiiience does arise from the multiplicity and copiousness decisions.
of reports in modern times ; but, we ought to recollect the
great advantage we derive from full and accurate state-
ments of all that passes in our Courts of Justice, whereby
Judges, speaking to the nation, are constantly on their
good behaviour ; and, while what is trivial soon sinks
from notice, that which is important is iniperishably pre-
served.' The noble and learned author of ' The Lives of Defective
TP **-
the English Chancellors ' laments the want of better imports in
reports than those miserably executed ones which gave
the judgments of Lord Chancellor Nottingham, contain-
ing defective narratives of facts, hardly any statement of
counsels' points, or cases relied on, and no reasons for the
Judge's decision ; merely an abstract of the Decree with
the words, ' The Court ordered ; ' the ' Court directed ; ' or
the ' Court allowed.' I wish I had even so much to assist me.
I have not been able, hitherto, to trace a single reported NO Re-
case of any Court in Ireland, save the few contained in Sir ?or,ts J?
J Ireland
John Davies' little volume already mentioned. The ap- until re-
peiided rules and orders indicate the practice and pleadings,
tempore Lord Chancellor Boyle, the same as in England ;
and, as by implication almost every subject of litigation Equitable
could be clothed with a trust, the object of the Lord
Chancellor was to see how far the case was one warrant-
ing the proper interposition of a Court of Equity. The
1 Vide Lord Campbell's Lives of the Chancellors of England, vol. iii.
p. 415.
398
KEIGN OF JAMES II.
CHAP.
XXVII.
The Sta-
tute of
Frauds.
Accession
of King
James II.
His decla-
ration in
Council.
Hopes of
the Irish
Catholics.
Court of Chancery fairly administered assets on the prin-
ciple that the executor or administrator who held the
property of the deceased, was a trustee, bound to pay
debts and legacies, and to apply the surplus according to
the will, or, in case of intestacy, pursuant to the Statute of
Distributions.1 By the then recent English Statute of
Frauds,2 trust estates in fee simple were made legal assets.
This Statute has been considered the most important and
useful Act ever passed by the legislature, and regulates to
a great extent every transaction we engage in.
On the death of Charles II., February 6, 1684-5, James
Duke of York was proclaimed King. His Declaration in
Council, of his ' determination to preserve the Government
both in Church and State, as by law established ; to defend
the monarchy, never to depart from the just rights and
prerogatives of the Crown, or invade any man's property ;
to defend the nation, and go as far as any man in pre-
serving it in all its just rights and liberties,' was received
with unbounded applause.3 In Ireland his accession
opened prospects of happiness and tranquillity to the
Catholics ; and, as he was bound to the Irish by strong
ties of gratitude and interest, being himself a Catholic,
they expected repose after long sufferings. The Viceroy
of Ireland, the Earl of Clarendon, was kindly disposed ; a
devoted adherent of the House of Stuart ; and, though I
have no doubt his knowledge of the arbitrary love of power
of that shortsighted race made him fear the promises of
King James would not be very well kept, he tried to cheer
up the spirits of the Irish Protestants, which, from the
moment James II. mounted the throne, had fallen very
low. No Protestant felt secure of any office held at the
will of the Sovereign ; and, as the Chancellor was not only
a Protestant, but an Archbishop, he justly considered the
odds were against his holding on.
The first intimation the Viceroy received of the King's
1 Adair v. Shaw, 1 Scho. and Lefr., p. 262.
2 29 Car. II. c. 3, s. 10. The Irish Act corresponding to the English is
7 Will. iii. c. 12. 3 Fox, James II., p. 75.
LIFE OF LORD CHANCELLOR ARCHBISHOP BOYLE. 399
intention to relieve the octogenarian Chancellor-Arch- CHAP.
bishop from the fatigues of his judicial office, was in a - — 1, — '^
letter from Lord Sunderland to the Viceroy, dated Feb- f/JJ^
ruary 25, 1685-6. In his reply, the Viceroy says, 'While Chancellor.
I am writing, I receive yours of the 25th post, and, at the
same time, my Lord Presidents, I confess they did surprise
me, as to the laying aside the Chancellor ; but it is re-
solved, and so 110 reply must be made to it. No doubt he
will have heard it from other hands, for several letters
mention it. I believe the Marquis of Athol will be
troubled at this change, and with reason ; for his cause,
which has been for many years depending, both here and
in Scotland, and has taken up thirteen entire days in
hearing it pleaded on both sides since the term, was
finished on Saturday last; and yesterday the Judges, who
assisted, went their circuits. My Lord Chancellor had
appointed the beginning of nest term to give judgment ;
and, it is thought, it will go for my Lord Athol ; and now
I doubt it must all beein anew.'
o
On receiving direction to inform the Lord Chancellor,
the King desired to give him Ms ease,1 the Lord Lieu-
tenant communicated the news to the Lord Chancellor,
with every kind expression which could gild the bitter pill.
His Grace received the intelligence with great submission,
and without showing the least surprise or dissatisfaction.
No doubt the unpleasant report that he was to be removed
had previously reached him. He told his ' Excellency he
had thought of requesting permission to resign the Great
Seal, but was restrained by the idea that it would not have
looked well in him to have quitted the service while the
King appeared to be in any difficulties. That he made it
the whole business of his life to serve the Crown, and
would continue to do so though he were only a private
curate, and that he most cheerfully acquiesced in his Ma- Submits
jesty's good pleasure. That he would be extremely niorti-
fied if he thought the King was, in any way, dissatisfied
with him, because he had received many favours from his
1 A polite way of turning a man out.
400
REIGN OF JAMES II.
CHAP. Majesty, and never found lie was the least under the
•A-A.Y 11. ~T7"* 5 T " 1 ?
^_ , , King s displeasure.
In the following April reports that the Archbishop wrould
have, as his successor, Sir Charles Porter, reached Dublin,
and, as he was known to be a good staunch Protestant,
the hopes of the Irish Protestants again revived.
King James II. having decided on removing the Arch-
bishop from the office of Lord Chancellor of Ireland, ap-
Sir Charles pointed Sir Charles Porter in his place ; and, although
Porter ap- por^er wag gworn in and intrusted with the Great Seal as
pointed.
Lord Chancellor, the Lord Lieutenant, Earl of Clarendon,
was so tenacious of not slighting Archbishop Boyle, that
in writing to him, after the swearing in of his successor,
on April 17, 1686, he continues to address him as Lord
Chancellor.1
' I gave your Lordship the trouble of a long letter so
lately that I needed not to have given you any now, but
only to give you an account, that on Thursday, my Lord
Chancellor Porter arrived. As soon as I read the King's
letters, I immediately directed his patent to be prepared ;
and yesterday he was sworn, and I delivered him the Seal
at Council ; so that he is now in full possession of his
office ; and this morning he keeps the first Seal in order
to the term, which begins on Wednesday here, as it does
in England. And as for the rest I suppose he will give
your Lordship an account himself. I have 110 more to add
at present, but that I am with great respect,
* My Lord,
' Your Lordship's
' Most faithful and most humble servant,
'CLARENDON, C.P.S.'
Letterfrom
the Vice-
roy.
Attends
King
James's
Irish Par-
liament.
Great age.
The Archbishop of Armagh was one of the Spiritual
Peers who attended King James II. 's Irish Parliament in
Dublin, in 1689, but does not appear to have taken part
in the debates.
The Ex-Chancellor reached the patriarchal age of ninety-
1 State Letters, vol. i. p. 154.
LIFE OF LORD CHANCELLOR ARCHBISHOP BOYLE. 401
two years, in 1702, when lie died. He had outlived most CHAP.
of his faculties, sight and hearing, mind and memory, all .__^__1.
were gone, which is charitably supposed to have caused Deat1'-
him to leave so little to the poor. His charitable bequests Left but
being but twenty shillings each to twenty poor men of the Charity1
Parish of St. Patrick's, and as much to ten of the Parish
of St. Michan's. Well may Sir James Ware express sur-
prise at his will. He states the Ex-Chancellor died very
rich, and, in earlier years, was of a disposition both liberal
and public-spirited. He gave in his lifetime 200L towards
erecting a new gate-house to the College of Dublin, and
joined in a contribution of 100?. to the University with
Thomas, Bishop of Ossory, and Dr. Jeremy Hall, towards
buying books for the library.1
Chancellor- Archbishop Boyle was the last of the long roll Last of the
of ecclesiastical Chancellors whose memoirs I have placed ^cc|esias-
tical Chan-
before the reader. He had considerable knowledge of the celiors.
law and practice of his court, and the orders promulgated
by him, to which I shall presently advert, were well framed.
He was buried by torchlight in St. Patrick's Cathedral, Buried
under the altar, without any pomp. Stuart in his history
of Armagh 2 says, ( Dr. Boyle seems to have been at once
rapacious in the attainment of wealth, and liberal and
public-spirited in its expenditure.' In my opinion the
evidence is far greater to sustain the former than the
latter allegation, save where his family or self-interest was
concerned. He founded the town of Blessington, in the
county of Wicklow, where he erected a splendid country-
seat, with a private chapel, also a parish church. The title
of Viscount Blessington was, in consequence, conferred
on his son, Morough Boyle. Lord Blessington erected a
monument to his father's memory in the church of Bless- Monument
ington, crowned with a mitre, and beneath are the arms of m Bles"
*~ smgton
the see of Armagh. Upon black marble was the following Church.
inscription :—
Michael Boyle S.T.D. Archiepisco- Michael Boyle, D.D., Archbishop of
pus Armachonus, totius Hiberuise Armagh, Primate and Metropolitan of
Primas et Metropolitanus, summus all Ireland, Lord High Chancellor of
1 Ware's Bishops. 2 Page 389.
VOL. I. D D
n
,
402
REIGN OF JAMES II.
CHAP.
XXVII.
673.
Orders in
Chancery
by Lord
Chancellor
Boyle.
Subpoena.
Writs.
In 1673, l A collection of such of the Orders heretofore
used in Chancery, with such alterations and additions
thereunto as Michael Lord Archbishop of Dublin, Lord
Chancellor of Ireland, hath thought fit at present to ordain
and publish for reforming of several abuses in the said
courts, preventing multiplicity of suites, motions, and
unnecessary charges to the suitors, and for their more ex-
peditious and certain course of relief,' was published in
Dublin, printed by Benjamin Toke, printer to the King's
Most Excellent Majesty. These orders have reference to
the practice of the Court. The first order provided, ' That
no subpoena be made returnable immediate, unless the
party against whom it is to issue be at the time of the
service thereof in the city or suburbs of Dublin, or within
ten miles distance from the same ; and that no subpoena to
answer be made returnable in vacation time, but within
fifteen days before or after the term.' The clerk of the
Hanaper was required to enter all writs, and whatever
passed the Seal, in a book to be kept at the office for
Regni, per viginti annos Cancella-
rius ; ejusdemque ssepius justitiarius.
Inter plurima sua de ecclesia et Repub-
lica merita, Ecclesiam hanc Beatae
Marise de Blessington, cum Cceme-
terio (ad Dei gloriam, decentem cultus
Divini administrationem, et hujus
Parochise solatium et usum) propriis
sumptibus fundavit, erexit, et lagenis,
calicibus, patinis argenteis, cseteroque
supellectile mensam sacraru et Eccle-
siam instruxit, addito etiam campanile
elegante, cum sex harmonicis cam-
panis, Hsee omnia vicesima quarta
Augusti, Anno millesimo sex centesimo
octuagesimo tert.io Deo et Religioni
solemniter dedicavit. Ut perpetuum
sit pise hujus munificentise Monumen-
tum, Lapis hie inscribitur memorialis
per Filium ejus Morough Vicecomitem
Blessiugton. Abi et fac tu similiter.
the Kingdom for twenty years, and
often Lord Justice of the same. Among
many other his merits to the Church
and Commonwealth, he founded and
erected (at his own expense) this
Church of Blessington, dedicated to
the Blessed Virgin, together with the
Churchyard, to the glory of God, the
decent administration of Divine Wor-
ship, and the comfort and use of this
parish. He also furnished the Com-
munion-table and Church with silver
Flagons, Cups, and Patins, and other
Ornaments ; and added to the Church
an elegant Steeple with a Ring of six
musical Bells. All these things he
solemnly dedicated to God and Reli-
gion on the 24th day of August,
MVCLXXXIII. His son, Morough,
Viscount Blessington, hath caused
this Memorial to be inscribed on this
stone as a Monument for ever of his
pious munificence. Go and do thou
likewise.
LIFE OF LOED CHANCELLOR ARCHBISHOP EOYLE. 403
public use. Provision was made for substitution of ser- CHAP.
vice. Tor the filing- of Bills ; for Attachments ; that Coun-
sel be careful that no pleadings contain needless repeti-
tions, or matter scandalous,' and if so, ' both the parties
and Counsel on whose side and under whose hand it
passeth shall pay good costs to the party injured, and
such Counsel shall receive the reproof of the Court, and
the crime will be adjudged more gross, if it shall appear
that such pleading passed his hand without a deliberate
perusal.'
That answers ought regularly to be positive, without Answers,
saying, ' It is as to remembrance or belief,' if it be said to
be done within seven years. That if a hearing be prayed Hearing,
upon bill and answer, the answer must be admitted to be
true in all points, and no other evidence admitted unless
it be a matter of record. If the Court shall not give a
decree, the bill to stand dismissed with costs, or the plaintiff,
if he desire it, allowed to reply, paying fifty shillings costs.
Orders referring to Demurrers follow next ; also respect-
ing Pleas, Replications, Rejoinders, Dismissing bill for
want of prosecution, examination of witnesses, &c. The
Six Clerks, formerly the exarninators of the Court, were six clerks
required by Order XXYL 'to take care they employ
under them in their office none but persons of knoAvn
integrity and ability, who shall take an oath not to de-
liver or make known directly or indirectly to the adverse
party, or any other (save the deponent who comes to be
examined), any of the interrogatories delivered to be ex-
amined upon any examination taken or remaining in his
office,' under severe penalties therein stated. ' The mode
of exhibiting interrogatories, credibility of witnesses, &c., Exhibits,
to be subject to the advice of the Master of the Rowles, or,
in his absence, of a Master of the Court. The Carriage of
Commissions, Processes of Contempt, Writs of Scire-Facias,
and other processes to be made into the county where the
party is resident, and if not to be found there, the same
may issue with any county where estate lyeth. Punishment
D D 2
404
REIGN OF JAMES II.
CHAP.
XXVII.
Masters in
Chancery.
Sueing in
forma
Pauperis.
Counsel
and At-
tornies.
Decretal
Orders.
Number of
decrees
enrolled.
for Contempt of Court and Injunctions are fully provided
for by Orders 44, 45, 46, 47, 48, and 49.'
The Master's Reports were regulated by Orders 50, 51,
and 52, which direct, ' The Masters are to be circumspect
and wary on giving oaths, that they be reverently and
knowingly taken, and are therefore to administer the same
themselves to the party, and where they discern him rash
or ignorant, to give him some conscionable admonition of
his oath, and be sure he understandeth the matter con-
tained in affidavit.'
Mode of sueing and defending In forma Pauperis was
regulated by Orders 53, 54, 55, and 56. By Order 57
' Counsellors and Attornies are to make motions proper for
themselves, and after a cause is settled (hearing Counsel
on both sides) no new motion is to be made to cross it,
except it be upon new matter, and when any motion is
made, the last order is always to be produced, and any
order obtained without producing the last order, to be
void, and the costs occasioned by the neglect to be paid
by the party aggrieved.'
Decretal Orders were to be entered after ten days from
the date of order pronounced, Order 58. Motion days, seal
days, hearings, &c., were also definitely provided for. Not-
withstanding the ability of the Lord Chancellors of Charles
II's. reign, I only find two hundred and fifteen decrees of
that period enrolled.
LIFE OF. LORD CHANCELLOR PORTER. 405
CHAPTER XXVIII.
LIFE OF LORD CHANCELLOR PORTER FROJI HIS BIRTH TILL HIS
REMOVAL BY KING JAMES II.
IT was the lot of Lord Chancellor PORTER to hold the CHAP.
Great Seal of Ireland during a very eventful period. Of — , — ^
his early career I have not been able to find much trace, Sort,er' an
•> English-
but he was born in England about the year 1640, and his man, born
family held such a position in society as made him well
and favourably known to the chief political leaders of the
time. These circumstances are plain from the State letters
of the Earl of Clarendon. Charles Porter was descended
from an ancient and respectable family in Cumberland, A law
and he was a law-student when the inauguration of '
Serjeants was celebrated by feasts, at which the Lord
Chancellor, the Lords of the Council, with other noblemen
were present ; when the Judges and old Serjeants in their
scarlet robes emulated the crimson gowns of the Lord
Mayor and Aldermen of London, who also attended. Mr.
Porter was admitted a law-student to the Middle Temple
October 25, 1656, and called to the Bar in 1660, when Mr.
Foss deplores ' the absurd use of an unknown tongue was
renewed and continued to be employed for seventy years
longer.' l Some time after Mr. Porter was called to the
bar, a singular robbery disturbed the repose of West- Robbery
minster Hall. In 1677, the Lord Chancellor's mace and
two privy purses were stolen out of the Chancellor's (Lord cellors in
Nottingham's) house. The robbers missed the Great Seal,
o / -*
as his Lordship had it under his pillow. Five of the gang
concerned in this audacious outrage were convicted, and
one of them, named Sadlier, was hanged at Tyburn.2 At
1 Stat. 12 Car. II. c, 3, 4 ; 4 Geo. II. c. 26 ; 5 Goo. II.
2 Foss's Judges of England.
406
KEIGN OF JAMES II.
CHAP.
XXVIII.
this period the barristers must have been used to early
rising, for the Courts opened at eight o'clock in the morn-
ing and sat until noon. Mr. Porter was a very hard-
working man, and soon was in good practice. Lord
Nottingham, an admirable equity lawyer, held the Great
Seal, and some of the most beneficial enactments of the
legislature were the result of the law reforms then made
in Parliament. The ' Statute of Distributions,' l for dis-
posing most justly of personal property in cases where no
disposition was made by will. The ' Statute of Frauds '
for regulating contracts and forms of making wills 2 were
among the most valuable Statutes passed. Also the
Second Magna Charta of English freedom, under which
personal liberty has received an amount of protection
beyond what inhabitants of Continental nations can boast,
and which, alas ! has been so often suspended in Ireland,
' The Habeas Corpus Act.' There were also improvements
going on pari passu in the juridical system, the appellate
jurisdiction of the House of Lords was established in
appeals from Courts of Equity as well as of Courts of Law.
This was not settled without considerable difficulty, as I
will now relate : —
Some time after Mr. Porter was recognised as an able
o
lawyer, occurred those famous cases in England which
made as great a stir among the legal circles of England
as Sherlock v. Annesley 3 did afterwards in Ireland. Sir
Nicholas Crispe and others versus Delmahoy, M.P., was
Question one of them, and the question involved was, the right of
of the" the House of Lords to hear appeals from courts of equity.
The jurisdiction in cases at common law was unquestioned,
for writs of error had been brought from judgments in the
peals from jaw courts for centuries, but appeals in equity were unusual,
Courts of . .
Equity. and the right of them was questioned. In the appeal of
Dr. Shirley v. Sir John Fagg, a member of the House of
Commons, the Commons resolved ' That the proceedings
»
1 22 & 23 Car. II. c. 10, Eng. ; 7 Will. III. c. 6, Ir.
2 29 Car. II. c. 3, Eng.; 7 Will. III. c. 12, Ir.
3 Post.
House of
Lords to
hear Ap-
LIFE OF LORD CHANCELLOR PORTER. 407
thereupon was a breach of the undoubted rights and CHAP.
privileges of the House of Commons, and the House >1^- — '•>
desired there might be no further proceedings in that
cause before their Lordships.' While the controversy was
raging with violence between the Houses, a report was
made to the Commons, April 19, 1675, respecting an
appeal brought by Crispe and Crispe, against the decree in
Chancery, wherein Mr. Dalmahoy, M.P., was recited to be
one of the petitioners, and certain Counsel were subse-
quently reported as having been ordered by the House of
Lords to open and manage the said cause on behalf of Sir
Nicholas Crispe.
The Counsel named were, Sir John Churchill, Serjeant
Peck, Serjeant Pemberton,1 and Mr. Porter. The danger
of prosecuting the appeal, in the then temper of the
House of Commons, being represented by the petition
of the appellant to the House of Lords, the Lords or-
dered, 'That the appellants, their Counsel, agents or solici-
tors, or others employed in prosecuting the said appeal
before their House, be privileged until the appeal was Appel-
determined by their Lordships. And all persons whatso-
ever were prohibited from arresting or imprisoning any of &<"., pri-
vileged by
them.' Mr. Porter and other counsel, on the order of the order of
House of Lords, having argued the case at the bar, were tlie Lords-
respectively summoned by the Speaker of the House of
Commons to attend and 'give an account to the House of
their appearing at the bar of the House of Lords in the Summoned
prosecution of an appeal in which Mr. Dalmahoy, a ^House
member of the House of Commons, was concerned, in ofCom-
manifest breach of the order of the said House, and for
giving up, as much as in them lay, the rights and privi-
leges of the Commons of England.'
Mr. Porter and his colleagues excused themselves by Th. ir
stating ' they had no notice of the order of the House, but
what they heard in casual conversation ; that because
Mr. Dalmahoy, a member of Parliament, was a party, they,
1 Afterwards Chief Justice, first of the King's Bench then of the Common
Pleas, Westminster.
excuse.
408 REIGN OF JAMES II.
CHAP, repeatedly refused to appear as counsel or to accept their
vll-, — '- fees, but they were assigned counsel, and ordered to
attend at their peril. That then attending, and Mr.
Dalmahoy having pleaded in the Lords House, and not
insisting on his privilege, they conceived they might safely
appear as counsel, without invading the rights or privi-
leges of the House of Commons, which they never in-
tended, and submitted themselves to the pleasure of the
House if they had misbehaved themselves.' Being ordered
to withdraw, the question was put, ' That they be taken
into the custody of the Serjeant-at-Arnis attending this
house.' 1
Mr. Porter The House divided — for the yeas, 154; noes, 146. Mr.
in custody. Charles Porter and the others were then ordered to be
taken into custody of the Serjeant, for breach of privilege
of the House.
When the House of Lords was aware of what had oc-
curred, they appointed the Lord Privy Seal, the Earl of
Bridgewater, the Earl of Shaftesbury, and the Lord Holies
to draw up an order in this extraordinary case, which was
done by the Lord Privy Seal. It recited the imprison-
ment of the Counsel for doing their duty at the Lordship
Indigna- bar, and 'judging it to be a great indignity to the King's
tion of the -..- . . .-,. . .
Lords. Majesty in this his highest Court of judicature in this
kingdom, and an unexampled usurpation and breach of
privilege against the whole House of Peers, and tending
to the subversion of the Government, and a transcendent
breach of the liberties of the subject, which is not to be
The Usher impeached but by process of law,' ordered the Usher of the
Black Eod. Black Rod to repair to the prison where Mr. Charles Porter,
coun seller- at-law, and the others were detained in custody,
and demand their delivery without fees; and the said
Usher was empowered to call all persons necessary to his
1 During the debate on this motion some ladies -were in the gallery peeping
over the gentlemen's shoulders. The Speaker seeing them called out, ' What
boroughs do these ladies serve for ? ' To which Mr. William Coventry replied,
' The Speaker's.' Sir Thomas Littleton said, ' The Speaker might mistake them
for gentlemen with fine sleeves, dressed like ladies.' Says the Speaker, ' I am
sure I saw petticoats.' — 4 Cobb, Parl. Hist. 732.
LIFE OF LORD CHANCELLOR PORTER. 409
assistance, and to make return the following morning by ClTAP.
eight of the clock to this House.1 xxvin.
By the report of the Usher of the Black Eod it appeared,
that only Sir John Churchill was in the custody of the
Serjeant- at- Arms, and the Usher took him from the Ser- The
jeaiit. The latter functionary, in reply to the inquiry of
the House of Commons respecting the other counsel, stated
* that he was by force prevented from arresting them, and
they had escaped.' On which it was resolved ' he had
betrayed his trust, should be committed to the Tower, and
an address presented to the King to appoint another Ser-
jeant-at-Arms.'
The Commons resolved not to yield, so, being apprised The Ser-
that Mr. Porter and the other members of the Bar were Sered to
attending in the discharge of their professional duties in arrest the
Westminster Hall, they ordered the Serjeant-at-Arms to
go with his mace into Westminster Hall, and take the
learned counsel into custody. We can well imagine the
scene which the quiet Court of Chancery presented on
that bright June morning, A.D. 1675, when the argument
which Mr. Porter was addressing to the Master of the
Eolls and two Masters in Chancery, sitting for the Chan-
cellor, was abruptly cut short by the Serjeant of the
House of Commons telling him ' he must consider himself
in custody, and accompany him to the House of Commons.'
Mr. Porter refused, stating ' he was under the protection Mr. Porter
of the House of Lords ; ' but the Serjeant replied, ' If he arrested-
did not go quietly, he should, however unwilling, be com-
pelled to use force.' Mr. Porter then acquiesced, asking
leave 'to finish his argument.' This the Serjeant could
not permit. The Serjeant also laid his hand on Sir John
Churchill, who was within the bar before the Master of
the Eolls. Sir John read the protection of the Lords,
which he also contended was sufficient, but the Serjeant
,' The order was addressed, 'To the Gentleman Usher of the Black Rod
attending this House, his deputy and deputies, and to all mayors, sheriffs,
bailiffs, constables, and other His Majesty's officers and loving subjects, who
are for aiding and assisting in the execution hereof.'— 6 State Trials, 11-iS.
410
EEIGN OF JAMES II.
CHAP.
XXVIII.
The pri-
soners sent
to the
Tower.
The Usher
of the
Black Eod
tries to
obtain
their
release.
The Lieu-
tenant
refuses.
The King
prorogues
Parlia-
ment.
held not. He then applied to his Honour the Master of
the Rolls for protection, who declined to interfere ; but
stated 'he was very sorry to see that he was so carried
away in the face of that Court, where his Majesty was
always taken to be personally present.' The Serjeant sub-
sequently brought his prisoners — namely, Serjeant Peck,
Serjeant Pemberton, Sir John Churchill, and Mr. Porter
by water, through Sir John Collin's garden, to the Tower,
and left them in custody of Sir John Robinson, Lieu-
tenant of the Tower.
When these proceedings were detailed in the House of
Lords, by Lord Lovelace and others, their Lordships
ordered the arrest of Serjeant Topham for taking the
learned Counsel into custody, and directed the Usher of
the Black Eod to demand their release. The Usher, accord-
ingly, took boat, and on going up stairs in the Tower to
the apartments of the Lieutenant, he found that officer
with his legal captives. Then taking his Black Rod in one
hand and the Lords' warrants in the other, the Usher
commanded him, ' in the name of the Lords Spiritual and
Temporal in Parliament assembled, to deliver up the
prisoners.'
But the Lords Spiritual and Temporal did not obtain
compliance with this demand. The Lieutenant replied,
' That they were committed by order of the Commons,
and that he could not release them without their order ;
and if the Lords did commit any to him, he could not
release them without their Lordships' order.' l
The Lords presented an address to the King, requesting
his Majesty to remove the Lieutenant. This, however,
the King refused, and made a speech complaining of the
quarrels of the two Houses, which obliged him first to
prorogue, then to dissolve the Parliament. This put an
end to the imprisonment of Mr. Porter and the other
Counsel. The affair had the effect of bringing the im-
prisoned Counsel into notice, and making them objects of
sympathy with their brethren of the Bar. Several of
1 State Trials, vol. vi. p. 1160.
LIFE OF LORD CHANCELLOR PORTER, 411
them quickly rose to high positions. Serjeant Peraberton CHAP,
•became Chief Justice of the King's Bench, and Mr. Porter, >LT , — ^
who was kiiio-hted, Lord Chancellor of Ireland. The
o *
state of parties in England and Ireland on the death of
Charles II. and accession of his brother, under the title of
James II. (one of the most unfit men to whom the liberty of
any people could be intrusted), will be considered in my
next Chancellor's life. I therefore refrain from alluding
to the subject here.
The selection of Sir CHARLES PORTER to succeed Arch- Mr. Porter
bishop Boyle, Lord Chancellor of Ireland for twenty years, as
was made by James II. in January 1685-6. At this time
the Irish Viceroy was the Earl of Clarendon, eldest son A.D. 1685.
of Hyde, Earl of Clarendon, Lord Chancellor of England.
The Viceroy was born in 1638, and, in his seventeenth year,
he was employed by his father in writing State letters in
cipher upon the King's business. While thus engaged he
was so discreet as well as faithful, that nothing ever was
discovered by him. In 1660, he married Theodosia, daugh-
ter of Lord Capel, and was appointed Lord Chamberlain to
Catherine, Queen of Charles II. His attachment to the
Duke of York brought him into Court favour, and he was
made a Privy CounciUor in 1680. On the accession of
King James II. to the throne, in February 1684-5, he
was appointed Lord Privy Seal, and in the December of
that year constituted Lord Lieutenant of Ireland. While Earl of
filling this important, and at the period most trying office,
he corresponded very frequently with the King, the Lord tenant.
Treasurer Rochester, his brother, and the Prime Minister,
the Earl of Sunderland.1 These letters throw a great H;S letter
light upon the events of that period, and show how ™ Ire"
earnest was the desire of James II. to allow his Irish
Eomaii Catholic subjects a full and free participation in
the offices and emoluments of the Government. They had
been for so long a period habitually excluded from Court
rights, that his attempts to do this was resented as an
1 These letters are piiblished, together with the Diary for the years 1687-8-9
to 1690. Dublin, MDCCLXV.
412
EEIGN OF JAMES II.
CHAP.
XXVI II.
The Lord
Lieutenant
acquainted
with the
new Chan-
cellor.
The in-
come of
the Irish
Chan-
cellor,
A.D. 1686.
Arrival of
Lord
Chancellor
in Ireland.
injustice to the Protestants ; and no Protestant writer of
that, or indeed any subsequent, time can forgive the King
for acts which, thank God, in our day do not challenge
remark. Whether he would have acted more prudently
had he lived in the present time, is difficult to surmise ;
but the Irish Roman Catholics at least must remember
him with gratitude.
In referring to the rumour which reached Dublin, of
Sir Charles Porter succeeding Archbishop Boyle as Lord
Chancellor of Ireland, the Earl of Clarendon, in a letter
to his brother, the Lord Treasurer,1 says : — ' You and I
know him, and his talent every way ; therefore I will say
nothing of him but this, that he will be mistaken if he
thinks to make his fortune by the employment. The
King's allowance upon the establishment is 1,OOOZ. per
annum ; and the office does not bring: in besides above six
•* ™
or at most seven hundred a-year, which is no great wealth
for a man who has but a very small estate of his own, con-
sidering the figure he ought to make. The Primate lives
as nobly, and as much like a gentleman throughout, as
ever I knew any man in my life. But the change is re-
solved, and there is an end.' It is plain the Viceroy was
averse to the proposed change, and was very unwilling
that his venerable friend, the Primate, should be deprived
of the office he filled with ability and purity for so many
years.
The rumour as to the change in the Irish Chancellor-
ship proved well-founded, the octogenarian Boyle yielded
up the Seal, and in the month of April, 1686, Sir Charles
Porter arrived as Lord Chancellor of Ireland. When the
news was communicated to the Lord Lieutenant, the Earl
of Clarendon, that the yacht, with the Lord Chancellor on
board, was moored at Dunleary,2 his Excellency imme-
diately sent his coach to convey him. to the Castle, which
was done so promptly that he arrived by ten o'clock A. M.
1 Earl of Rochester.
2 The port is close to the town now known by the royal designation of Kings-
town, from whence King George IV. took his departure from Ireland A.D. 1821.
LIFE OF LORD CHANCELLOR PORTER. 413
He was the bearer of the usual letters from the Kins; — CHAP.
"\r \" A T T T T
one constituting1 him Lord Chancellor, the other to the • __
Ex-Chancellor, Archbishop Boyle, directing- him to hand
the Great Seal to the Lord Lieutenant.
The patent for the Chancellor's appointment being-
ready, his Excellency convened the Privy Council for three
o'clock, at which Sir Charles took the oath, and had the
Seal delivered to him by the Lord Lieutenant. He re- Receives
ceived much hospitable attention from Lord Clarendon, Seal/
and his statement that ' the King was resolved not to have
the Acts of Settlement shaken,' gave the Protestants of Confirms
Ireland great satisfaction and peace of mind. To the
m
Viceroy himself this was welcome news. He evidently the Acts of
-,-,... . , , . , . ,. *, Settlement
had misgivings on the subject ; when writing to the Lord wni be
Treasurer of England, Lord Clarendon says: — 'This de- m*in;
tamed.
claration does me good ; for now all the discourse of the
town is — " You see, my Lord Lieutenant told us true, and
the King will have the Acts of Settlement preserved, not-
withstanding what the Irish talk of their interest at
Court." My Lord Chancellor has said to these, who have
asked him, whether there should be any alteration of the
Judges (which, he told me, had been very many) that he Rumours
knows nothing of it ; that he had heard it spoken of in changes' k
England, but that it was not resolved on ; and he did Ireland.
believe there was some stop in it : and yet, he told me, he
had been assured here that Mr. Nugent had made his robes ;
to which I said nothing, but smiled. But it is very true
when I writ to my Lord President of the reports here,
and named Mr. Nugent in that letter, he had then actu-
ally made his robes ; if the word may be taken of the
draper, who sold the cloth, and of the taylor, who made
them. There are those here who have been so inquisitive
as to inform themselves thus narrowly.' l
Reports were in circulation for some time that several
of the Irish Judges had incurred the King's enmity, and
at a period when the term of office was during pleasure ;
1 Clarendon's State Letters, vol. i. p. 149. I fear the inquisitive people
were not confined to the seventeenth century.
414
REIGN OF JAMES II.
CHAP.
XXVIII.
Lord Cla-
rendon's
estimate
of Judge
Johnson.
Of Sir
Eichard
Keynells.
Of Sir
Standish
Hars-
towne.
Of Mr.
Nugent.
this portended a change. Judge Johnson was one of those
mentioned. He is praised by the then Lord Lieutenant,1
and with apparent reason : — ' I am very sorry he is under
the King's displeasure ; as I shall be for any man who
falls under that great unhappiness. He came into Ireland
with niy Lord Chief Justice Smith, when he first came
hither, one of the Commissioners of the Court of Claims ;
and under his favour and countenance he grew up. He is
the eldest Judge in this kingdom, having sat for sixteen
years on the bench. Whatever faults he may be guilty
of, I dare say disloyalty was never yet laid to his charge.'
' As for other Judges here, whom his Majesty is dis-
pleased with, my Lord President has named to me Sir
Eichard Keynells and Sir Standish Harstowne. For the
first I can say nothing knowingly, but what all the world
knows, that he is a very able man. He came over hither a
young man, five or six years before the King's restoration.
He has got a very good estate purely by his practice in
the law before he was a Judge. He is of the Council, as
much with the Irish as the English, and so he will again,
when he is out, in all probability. In his station as a
Judge no man can carry the prerogative higher than he
does, no man can make greater professions of duty and
loyalty to the King. As for Sir Standish Harstowne, I
can say nothing but from my own observation of his beha-
viour in the place he is as a Baron of the Exchequer ;
where the King is more immediately concerned than in
any other Court, and he certainly understands the business
there perfectly well, and, by all that appears to me,
does his duty very well.'
Neither the Viceroy nor the Lord Chancellor approved
of the changes which the King resolved to make among
the Irish Judges. Especially promoting Mr. Nugent,
whom the Lord Lieutenant considered a man very unfit
for the judicial bench. The Chancellor being so recently
arrived was desirous of ascertaining the estimate his Ex-
cellency had formed of this barrister, and inquired, ' Was
1 Clarendon's State Letters, vol. i. p. 139.
LIFE OF LORD CHANCELLOR PORTER. 415
his Lordship acquainted with him ? ' His Excellency re- CHAP.
plied, ' Very slightly ; that he had been only a few times ^_J-t- _^
with him on ordinary business.' When the Chancellor
observed, ' He is a very silly fellow, and grows very
troublesome.' The Lord Lieutenant had a better opinion
of Mr. Daly, who was raised to the Common Pleas Bench
on the removal of Judge Johnson. Writing to the Lord
Treasurer, he says : — ' Mr. Daly seems a sober man ; he Of Mr.
has the character of one of the best lawyers of that (the Daiy.
Catholic) party, there being, in truth, but three above or
equal to him — Naiigle, Garret Dillon, and Stephen Eice.
He is reputed a modest man ; he is perfect Irish, of old
Irish race ; he is very bigoted and national, and yet all
he is worth in the world is of his own acquiring, and but
little. He was bred a clerk to Patrick Darcy, a man
famously known by all who knew anything of the late
wars in this kingdom.' '
The changes contemplated were made — Sir Eichard Changes
Eeynell was displaced from the King's Bench, and Thomas
Nugent, King's Counsel, succeeded.2 He was speedily pro-
moted, for, in the January following, Sir William Davy was
removed from the Chief Justiceship of the King's Bench
and Nugent put into his place ; while Sir Bryan O'Neill,
Bart., succeeded Nugent as Puisne Judge. In the Common
Pleas Judge Johnson made way for Denis Daly. In swear-
ing the new Judges, who were Catholics, the Oath of Su-
premacy was dispensed with by the King's letter. This Oath of
occasioned some disquietude to the Viceroy, who, fearing
it might be charged against him as a breach of the law, with.
desired that the King's letter should be entered at the
Signet Office, at Whitehall, as his warrant for so acting.3
On receiving the news of the proposed change, the
Viceroy sent for Sir Eichard Eeynell, who at once waited
on the Lord Lieutenant ; and the account of the interview How Sir
is so creditable to the Ex-Jude that I cannot omit it.
When the Viceroy informed him of the King's pleasure bore dis-
missal.
1 Clarendon's State Letters, vol. i. p. 162.
2 Patent, Dublin, April 23, 1686.
3 State Letters, vol. i. p. IT,:;.
416
REIGN OF JAMES II.
CHAP.
XXVIII.
Character
of Sir
Charles
Porter.
King
James
pensions
the Chan-
cellor.
Disquiet
regarding
the Act of
Settle-
ment.
lie replied, ' That lie very cheerfully submitted, and should
always do so whatever determination his Majesty might
make concerning him. He .said his religion and his pro-
fession had taught him loyalty to the King, and he prac-
tised it ever since he was in a capacity for doing so, and
if he knew what was most acceptable to the King, he
would show his duty by doing it.' He then asked, ' If he
might return to his practice ? ' The Viceroy replied, ' He
knew nothing to the contrary, and that his Majesty did
not concern himself what his subjects did or what callings
they betook themselves to, as long as they behaved them-
selves dutifully.' l
Sir Charles Porter, says Smyth,2 ' was a loyal gentleman
of agreeable and social manners, but equally destitute of
legal talents or private fortune. The former defect it was
thought must render him subject to the management of
Popish Judges, and the latter necessity insure his acqui-
escence in the most criminal measures ; his integrity,
however, proved superior to personal distress, and once
more made him a poor and private man.' But I must not
anticipate events. The King resolved to supply him with
a modest income, by ordering him a pension of 1,500Z.
a-year, the place of Chancellor being not worth, viis el
modis 500Z. per annum, and a man must live in a handsome
way, or else he will hear of it. The Chancellor took Sir
John Cole's house in the Strand, at 100Z. a-year. This
sum was considered high for a house near Dublin.3 The
business of the Court was sufficient to show the Chancellor
a better judge than he got credit for, and he was courteous
and social with the members of the Irish bar.
Notwithstanding the assurances that the Act of Settle-
ment would not be disturbed, it was so generally known to
have been obtained by such glaring injustice, and worked so
much suffering to the loyal and staunch Irish Catholics,
who were steady supporters of the house of Stuart, that
1 Clarendon's State Letters, vol. i. p. 164.
2 Law Officers of Ireland.
3 Clarendon's State Letters, vol. i. p. 170.
LIFE OF LORD CHANCELLOR PORTER. 417
the new possessors of the estates of the Irish nobility and CHAP.
gentry were anything but easy in their minds. The Earl ___^ ^
of Clarendon strongly advised the Eno-lish Government to Lor^ r,la"
rendon s
issue a Commission for settling the Irish estates. He urged advice.
' that this, more than anything else that can be thought of,
would settle the minds of the kingdom, and raise a very
considerable sum of money/ t This,' he stated, ' was the
opinion of not only English, but Irish Catholics ; for all
men of that religion who have estates, are either confirmed
in their old possessions or in their new acquisitions by the
Act of Settlement, and they are as much afraid of a breach
upon these Acts as the new- interested English, and would
give anything to be secured/ The Lord Chancellor was Lord
of the same opinion, and consulted several of the most
eminent men at the Irish bar, who regarded it as the best with the
means of quieting- the distrust which existed. They added,
it will not please all, for ' there are some of both parties
who will not like it; but they would not like any settle-
ment.''1
The Lord Chancellor was not above asking places for The Chan-
liis relatives. The promotion of Mr. Rice placed the office cellor
refused a
of Counsel to the Revenue in the gift of the Lord Lieutenant, place for
011 which the Chancellor asked it for his brother, but was llls brotlier-
refused, as his Excellency and the Lord Treasurer had
already notified that Mr. Pyne should be appointed to the
vacancy. The Chancellor then said, ' He would have done ;
but Mr. Pyne was a bad man, and a very great Whig.' Let
us hope the terms are not synonymous.
When the subject of the New Commission of Grace was
discussed between the Lord Lieutenant and Chief Justice
Keating, the latter strongly recommended that the Com-
missioners should have no salaries.2 ' If the Judges were
Reasons
employed,' he said, ' they had good salaries from the King, why Com-
and were bound to do him. all the s^mce they could; and,
if salaries were allowed, there would be many pretenders ll:lve ,110
for the salaries only, and some might get in who did not
1 Clarendon's State Letters, vol. i. p. 177. " Il-id. p. 195.
VOL. I. E E
418
REIGN OF JAMES II.
CHAP.
XXVIII.
Roman
Catholic
Privy
Council-
lors.
Practising
barristers
ought not
to be Privy
Coun-
cillors.
understand the business.' l The names of Roman Catholics
selected as Members of the Privy Council caused consider-
able sensation in Dublin Castle. The new Judges were
Catholic, as was also Mr. Richard Nagle, or Nangle, as the
Lord Lieutenant writes the name. This gentleman was a
very eminent member of the Irish bar. Writing to the
Lord Treasurer, his Excellency thus alludes to these new
appointments, ' The truth is, between you and me, it is a
very ridiculous thing to make a puisne Judge of every
bench of the Privy Council, and was never done but in
Sir E. Eeynell's case, because of his great ability, and
being put by from being Lord Chief Justice. The poor
men are almost out of countenance to accept it (Judge
Nugent excepted, who is indeed a very troublesome im-
pertinent creature), and think it will bring envy on them,
when it was not needed. I may add, that the making of
so many Privy Councillors is an additional charge upon the
revenue, for every Councillor has the impost of a certain
quantity of wine every year, which, though it be no great
matter, yet, according to the old saying, " every little
makes a mickle."
The name of Mr. ISTagle being inserted in the list of those
gentlemen to be sworn of the Privy Council of Ireland,
called for a remonstrance from the Lord Lieutenant to the
Lord President in England. His Excellency admitted him
to be ' a very learned and an honest man, but he was a
practising barrister, and it was not etiquette for such to be
of the Council. It will not look well that a man who has
the honour to be of the King's Privy Council should be
crowding at the bar of the Courts of Justice bareheaded, and
his bag in his hand. I have not heard it was ever yet done,
but to Sir Francis Bacon, when he was Attorney-General,3
and to satisfy his ambition, by the credit he had with the
Duke of Buckingham, or rather by importunity, he was
1 Clarendon's State Letters, vol. i. p. 225.
2 Ibid. p. 230.
3 The Attorney-General for Ireland is now always a member of the Privy
Council.
LIFE OF LORD CHANCELLOR PORTEE. 419
made a Privy Councillor ; but lie never appeared after- CHAP.
. xxvni
wards in Westminster Hall unless the King-'s business >!_ _J,
o »
required him.' l
How different was the conduct of Mr. Nagle to that of
Sir Francis Bacon ! When Mr. Nagle was informed of the Mr. Naglo
designed honour he expressed surprise, and told his Ex- p^fi(. to
cellency ' he wondered his friends would move in his the honour
behalf without first consulting- himself, and to leave his
practice would be his ruin.' He added, ' that to appear
at the bar, after being of the Council, would be undecent
even for the King's service.2 He therefore requested his
Excellency not to take any notice of him, that he was not
ambitious, and preferred to be let alone. His practice
brought him a larger income than a Chief Justiceship, and His rea-
he had a great charge of children, for whom he was bound in
conscience to provide. That he was fully as ready and as will-
ing to serve the King in his present station as in any rank.'3
King James II. informed the Lord Lieutenant of his
decision that his Irish Roman Catholic subjects should be Roman
admitted into all offices hitherto exclusively filled by Pro- ^f
testants, such as Members of Corporations, Justices of the for offices.
Peace, and High Sheriffs. His Excellency made pretence
of taking the advice on this subject of the Judges, but this
was mere evasion ; and matters not going on to the satis-
faction of the Roman Catholics of Ireland, Richard Tal-
bot, then Earl of Tyrconnel, who may be regarded as the
most urgent that the Catholics should, as the King directed,
have equal privileges with their fellow-subjects, called on
his Excellency to enquire the cause of the delay. His Remon-
language, as reported, reads coarse and offensive, which ffj^*.
indeed corresponds with his general character. He told connel.
the Lord Lieutenant ' the Sheriffs made were generally
rogues, and old Cromwellians ; but he (Lord Tyrconnel)
had excused him to the King, because that the Viceroy, a
1 Vide Lord Campbell's Lives of the Lord Chancellors of England, vol. ii.
p. 348.
18 Bacon was of a different opinion, Ibid. p. 349.
3 Clarendon's State Letters, vol. i. p. 234.
E E 2
420
REIGN OF JAMES II.
CHAP.
XXVIII.
High
Sheriffs.
Course
taken by
the Chan-
cellor.
Payment
of Roman
Catholic
Bishops by
the Crown.
stranger to Ireland, could not know people himself, arid
was advised by the late Chancellor.' To this Lord Claren-
don, replied, ' It was true he did not know many himself,
and was advised by the late Chancellor, as he should
always be by whoever the King put in that station, but
that he was not wholly influenced by the Chancellor, as he
had enquired from other worthy men, Catholics as well as
Protestants, and the Sheriffs he appointed were as good a
set of men as had been chosen these dozen years.' Where-
upon Lord Tyrconnel swore, ' By - — , I believe it, for
there has not been an honest man Sheriff in Ireland these
twenty years.' * That is hard censure,' replied his Ex-
cellency, ' but it is not my business to find out the faults
of twenty years past.'
"While this dialogue was going on, Lord Chancellor
Porter joined them. Tyrconnel enquired, ' What was doing
about the Justices of the Peace ? ' ' My Lord,' replied the
Chancellor, ' my Lord Lieutenant has showed me the
King's letter, and I am taking the best method I can for
the speedy obeying of it. I have spoken to three Roman
Catholic Judges, and to others of quality of that religion,
to furnish me with the names of honest men in the several
counties fit for the employment, and the thing shall be
done as it ought to be ; and if your Lordship will give me
any names, you will oblige me.' ' By - — ,' said his Lord-
ship, ' I see you will be a great while about it.' ' My
Lord,' says the Lord Chancellor, ' the King knows I never
was slack in his service, and he shall not find me guilty of
that fault.' »
There appears to have been some intention entertained
by the Crown at this time, of paying the Roman Catholic
Prelates. In a letter from Dublin Castle, dated June 12,
1686. the Viceroy informed the Lord Treasurer, ' that on
Thursday, June 10, the Roman Catholic Primate was with
me. He asked me whether I had received orders from
the King for the paying any money to him. I told him
no. He said he had sometime hence a letter from the
1 Clarendon's State Letters, vol. i. p. 2.~>4.
LIFE OF LORD CHANCELLOR PORTER. 421
declaring that he would make certain allowances to CHAP.
XXVIII
the Roman Catholic Archbishops and Bishops, and that «-"/ , _"*
they were all to be paid to him, and he was to distribute
the money according to his Majesty's directions. I tola
him I had not yet received any orders concerning him.'1
The subject of the Commission of Grace occupied the The pro-
attention of the Irish Executive, and, when the Lord ^t^of'
Chancellor and Mr. Nagle dined at the Castle towards the Grace,
close of July 1686, a long conversation took place between
the Lord Lieutenant and these two guests. Mr. Nagle Adverse
did not enter so warmly into the project as the others. M^TSTaJL
»/ X tf u.TJ.1 . .1.1 tl ti 1 17
He said ' Lord Tyrconnel told him of it, and bid him pre- respecting
pare something in writing respecting it, but he could not
believe a Commission would be useful, or that it would
bring in very considerable sums of money. That whatever
was to be done, either for confirming the present settle-
ments, or for the relief of such of the old proprietors as
ought to be relieved, would be done best by Parliament ;
he thought it yet too soon to call a Parliament. The
Acts ought to be first agreed on, which would take time ;
so many interests should be felt, and there were so
many difficulties in the way, he could not put anything
into writing, though Lord Tyrconnel was in great haste.' 2
The Lord Chancellor was thought by the Roman Catho- A free
lies to be rather remiss in carrying out the King's wishes ^Jvfi
respecting appointing members of their creed to offices. Lord
Major-General Macarty, a great friend of Lord Tyrcon- Cen0"~
nel's, and an Irish barrister, Mr. Nihill, recently made
King's Counsel, called on the Lord Chancellor, and, in the
course of conversation, the General (who seems to have
been a very free-spoken person), told him 'that he, the
Lord Chancellor, had extremely disappointed them (the
Irish) in the expectation they at first had of him.'
The Chancellor asked ' Wherein he had deceived them?
That he was a frank man, and would discourse very freely
with him, if he would come to particulars.'
1 'This money was subsequently paid.' — Clarendon's State Litters, vol. i.
p. 256. " Ibid. p. 332.
422
EEIGN OF JAMES II.
CHAP.
XXVIII.
The Chan-
cellor
vindicates
his con-
duct.
c Why then,' said the General, * we did expect you should
have done all that the King commanded without any hesi-
tation.'
. * So I have,' said the Chancellor ; * there is no one
command I have received from the King which I have not
obeyed ; and I will ever do so. I may, perchance, make
some representation to the King sometimes contrary to
what he has directed, as I Lave leave to do; but, if the
King orders his former commands to be, notwithstanding,
pursued, they shall be obeyed with ah1 possible readiness
and cheerfulness.'
' You are very scrupulous,' said Macarty, ' in admitting
"Roman Catholics to be Justices of the Peace, though the
King has directed, by his letter, that they should be ad-
mitted ; you refused our Primate's brother and several
others for 110 reason but because they had no estates.'
' My Lord Lieutenant,' said the Chancellor, ' gave me
the King's commands as soon as he received them, and I
as presently put them in execution ; that is, I immediately
spoke to the three new Judges, and all the other Roman
Catholics who are in the King's service, and others whom
I knew, to furnish me with the names of men proper for
that employment. There were several lists given to me
for most counties, and I admitted all whom any of the
King's Counsel, or any other person of worth, fit to be
credited, could answer for upon their own knowledge ; and
as for the others, for whom they would not answer, I in-
formed myself of them, and found they were men of no
estates, many of them criminals, not fit to be put into the
King's Commission. As for your Primate's brother, he
is a poor country fellow, lives upon six pounds a-year,
which he rents of Sir Michael Cole, and has nothing else
in the world. After all this,' said he, ' if you think fit for
the King's service to name such a man upon the bench,
he shall be made a Justice of the Peace.'
' No, in good faith,' said Macarty, ' I do not think it fit,
but you make difficulty in putting ill men out of Commis-
sion, except they are proved to be rogues by some notorious
LIFE OF LORD CHANCELLOR PORTER. 423
villany they have committed, which will be hard for us to CHAP.
, xxvni.
prove. - - , - '
' Sir,' replied the Chancellor, ' it is not enough to say,
in the general, " such a man is a rogue ; " the best of men
may be so blasted. But if any man tells me, " such a
man is an ill man upon my own experience, that he did
this and that at such a time ; " without further proof I
will put all such men out of commission.'1
Whereupon Macarty named one or two, and gave such
good reason why they were unfit to remain in the Com-
mission, but could not say for what counties they were
appointed, on which the Chancellor said, ' Send me a note
of them to-morrow, and I will put them out.' This ready
acquiescence of the Chancellor quite pleased the General.
' Faith, my Lord,' said he, ' I think you are a very honest General
gentleman, but they say you have taken ten thousand
pounds of the Whigs ; and there are thoughts of having the Chan-
, , cellor.
you sent home.
' Sir,' replied the Chancellor, proudly, ' I thank God I The Chan-
am above bribes, and I flatter myself that the King has a "fll°tps the
better opinion of me, than to believe any such thing till charge of
he sees it proved. I can safely take niy oath that, directly
or indirectly, I have not had a penny since I came hither
(more than the King's allowance), but 156L from the
profits of the place ; I had been told, indeed, my Lord
Tyrconnel reported the Whigs had given me ten thousand
pounds. WThen next I see Lord Tyrconnel, I shall desire
him to give me an account of this, for such aspersions are
not to be borne.'
Mr. Nihill said, ' Lord Tyrconnel sometimes reported
things which light people tell him, without enquiring or
considering, and if he takes a pique to a man, never leaves
him till he ruins him if he can.'
The Chancellor replied, ' If that be the humour of Lord
Tyrconnel, it is an ill one, and I will be more on my guard
with him. I should regret being called home, if it should
be with the King's displeasure, otherwise I shall be always
1 He evidently meant the statement should ccmie upon undoubted authority.
424
EEIGN OF JAMES II.
CHAP.
XXVIII.
Mr. Nagle
and Lord
Tyrconnel
leave for
England.
Lord Lieu-
tenant's
letter to
the King.
Irish Pro-
testants
not Crum-
ready to be disposed of, as his Majesty pleasetli.' This
was reported by the Chancellor to the Lord Lieutenant
next morning.1
The departure of Mr. Nagle, with Lord Tyrconnel, to
England, alarmed the Irish Protestants exceedingly. They
guessed some mischief was brewing against them, and,
knowing well how Lord Tyrconnel spoke of them, for he
never minced his words or concealed his thoughts, trembled
for their recently acquired properties. The Lord Lieuten-
ant, in a letter addressed to King James II. on August 14,
1686, states, ' The fears of the Anglo-Irish are excited ;
1st, by the changes made in the army, of substituting
Boinan Catholics for Protestants ; 2ndly, by the state-
ment of the Irish, that there was no rebellion in 1641,2
and that grants made were void, the old proprietors having
forbid the tenants paying rents to the present landlords ;
3rdly, the Eomaii Catholic Clergy in several places for-
bidding people to pay tithes to the Protestant ministers.'
He then says, ' Your Majesty's gracious resolutions to
preserve the Acts of Settlement did satisfy all people, even
the Catholics, who had a mind to thrive, and to have the
country settled, till some men, who are in places of trust,
by their actions and words were thought to know more of
your Majesty's mind than I do.' He wishes to inform the
King it is a mistake to suppose ' that the gross of the
English in this kingdom are fanatics of Cromwell's brood,
and the offspring of those who served in the rebellion
against your sacred father. There are very few of the
original soldiers and adventurers now left, or of their de-
O
scendants ; of the latter not twenty famili s, and no great
number of the former. But the generality of these two
oreat interests sold their lots, many of them to honest
men who, upon the King's Restoration, brought with them
out of England to lay out here that little which remained
of their fortunes, after their families were ruined for their
1 Clarendon's State Letters, vol. i. p. 335.
2 That of course meant no rebellion on their part. They ahvnys maintained
they fought for the King in the Civil War.
LIFE OF LORD CHANCELLOR PORTER. 425
loyalty. Of these men, and of those called the '49 in- CHAP.
terest, who were by all accounted loyal, and of old English *__
planters in Queen Elizabeth's time, does the bulk of the
English interests and inhabitants consist ; these men carry
on six parts in seven of the trade of this kingdom. They
are of the Church of England by constant practice, and
not to a late going to church only ; and I must further
say that, in my life, I never met with people fuller of duty
to your Majesty, nor more desirous of opportunities to
manifest their loyalty.'1
If any representations could influence the King in favour
of these men, it would have been this earnest and im-
pressive appeal.
Serious changes were pending, and both Lord Clarendon Clmnpes
and the Chancellor were regarded as obstacles. They ^'
were marked for removal, and Roman Catholics were to
succeed.
In Lord Clarendon's Diary, with the date of January 11,
1687, we learn the fate of the Lord Chancellor. The entry
of the Lord Lieutenant is this , — ' In the morning I went Letter to
to see my Lord Chancellor. He showed me a letter he chancellor
had received from Sir Patrick Trant, which took notice to amio«nc-
him of Mr. Fitton's coming to succeed him, at which Sir removal.
Patrick seemed much troubled, but said it could not be
helped, and Lord Tyrconnel was dissatisfied with him, Sir
Charles Porter. All the Papist party themselves seem
surprised at these changes ; they were troubled to lose Sir
Charles Porter, who had carried himself with great ap- Character
t > | j ,
plause, and discharged the office of Chancellor to the ' ^ Lord1
general satisfaction of all men.' 2 Chan-
C C 1 1 0 1*
Not long after this entry, Lord Tyrconnel returned to
Dublin. He brought with him the King's letter to Lord
Clarendon, desiring him to deliver the Sword to Lord
Tyrconnel, within a week after his arrival. Next day, Arrival of
July 9, Lord Tyrconnel waited on his Excellency at the ^
Castle, accompanied by Sir Alexander Fitton, whom he !U)l1 sir
A Fit ton.
1 Clarendon's State Letters, vol. i. p. 3")j-6. 2 Ibid. vol. ii. p. 160.
426
REIGN OF JAMES II.
CHAP.
XXVIII.
The
changes
effected.
introduced, saying the King had sent him over, but without
stating for what purpose. His Excellency said he would
give Lord Tyrconnel the Sword on Saturday, which he did
accordingly ; and Sir ALEXANDER FITTON succeeded Sir
Charles Porter as Lord Chancellor of Ireland. In conse-
quence of the reappomtment of Sir Charles Porter in 1690,
I postpone the life of Sir Alexander Fitton until after
Lord Chancellor PORTER'S death.
LIFE OF LORD CHANCELLOR PORTER. 427
CHAPTER XXIX.
CONTINUATION OF THE LIFE OF LORD CHANCELLOR PORTER FROM HIS
APPOINTMENT BY KING WILLIAM III. TILL HIS DEATH.
SIR CHARLES PORTER returned to practice at the English
Bar during the interval between his losing the Great Seal
of Ireland in 1686, and regaining it in 1690. Lord Cla-
rendon, in his Diary, January 1689, says : ' I was at the in tllft
Temple with Mr. Roger North and Sir Charles Porter,
Avho were the only two honest lawyers I ever met with.'
This last remark is not very complimentary to the pro-
fession to which the writer's father belonged. It must
have been a great relief to a lover of peace, and of stu-
dious research, like Porter, to rest for a time in the con-
genial cloisters of the Temple, far from the anxieties,
cares, and worry, of a Lord Chancellor during this tur-
bulent period of Irish politics.
After an interval of about three years, he was, once Again
more, summoned from his quiet chambers to hold the Lord Chan-
Irish Seal. Within that brief space what important cell°r "f
events occurred ! A dynasty had fallen ; the country he
had left witnessed a short pageant of a King occupying
Dublin Castle, holding a Parliament in the capital of his
remaining kingdom, two others having very properly
signified their disinclination longer to acknowledge his
sway, and he very readily took the hint.
While in Dublin, James II. managed matters better.
He felt his power and used it, by giving to his Catholic
subjects, at least, the reality of Royal rule. The Irish
Parliament only sat for a few months, and subsequent
events rendered its Acts nugatory. Then came the tug
of war — the gallant defence of the 'prentice boys of Lon-
donderry— the memorable Battle of the Boyne, where
428
REIGN OF WILLIAM AND MARY.
CHAP.
XX JX.
Williamite
and Jaco-
bite war
in Ireland.
Articles of
Limerick.
Sir C.
Porter
Lord Chan-
cellor and
C<">nint:>l'y
Lords
Justices.
Arrival of
the Lords
Justices.
Articles
signed.
the limpid waters of the bright river were tainted with
the crimson tide, flowing equally from Jacobite and
Williamite veins. Then the conflicts of Athloiie, the
hotly-contested field of Aughrirn, the sieges of Limerick ;
and it was for the purpose of assisting in negotiating the
Articles of Capitulation of this historic city that King
William III. summoned Sir Charles Porter from the
smoke-stained quadrangles of the Temple to assume his
former position in the Emerald Isle. He was associated
as Lord Justice with Mr. Coningsby 1 on his arrival in
Dublin towards the close of September 1689.
At nine o'clock in the evening of October 1, 1691, Sir
Charles Porter, Lord Chancellor, and Thomas Coningsby,
Esq., Lords Justices, arrived at the camp of the Com-
mander-in-Chief of the English army to sign the Articles
011 which Limerick was to be delivered up. On the 2nd,
at two o'clock, the Irish Generals, Sarsfield, Wauchop,
and other contracting parties on the part of the Irish,
proceeded to Ginckle's camp, where they discussed the
respective articles seriatim. On the 3rd, the Irish officers
dined with the Duke of Wurtemburg, when the Articles
were interchangeably signed. The first, relating to the
surrender of the city, was signed by the respective Ge-
nerals ; and the others, defining the privileges granted
to the Irish, were signed by Sir Charles Porter, Thomas
Coningsby, and Baron De Giiickel. On the part of the
British Government, these were afterwards ratified by
their Majesties' Letters Patent under the Great Seal of
England.2 As these famous Articles have been the sub-
ject of much controversy, I give these relating to the
1 Thomas Coningsby accompanied King William III. into Ireland, and was
close to the King when, on the eve of the Battle of the Boyne, he was wounded
in the shoulder by the earth thrown up by a cannon ball aimed at him.
Coningsby was the first to staunch the wound with his handkerchief. On the
departure of the King, he was constituted Lord Justice with the Lord Chan-
cellor, and subsequently raised to the peerage as Baron Coningsby of Clan-
Lrassil. In the reign of Queen Anne he was Vice-Treasurer and Paymaster of
the Forces in Ireland. In 1719 he was advanced to the dignity of Earl of
Coningsby, and died May 1, 1729.
2 History of Limerick, by Leaehan, p. 269.
LIFE OF LORD CHANCELLOR PORTER. 429
•privileges granted to the Irish, (or supposed to be secured CII-VP.
thereby) in detail : —
' Articles agreed upon the third day of October 1691, by Article-; of
the Eight Honourable Sir Charles Porter, Knight, and Lim«™k-
Thomas Coiiingsby, Esq., Lords Justices of Ireland, and
His Excellency Baron De Ginckle, Lieutenant-General, and
Commander-in-Chief of the English Army, on the one
part ; and the Right Honourable Patrick Earl of Lucan,
Percy Viscount Galmoy, Colonel Nic Purcell, Colonel
Dillon, and Colonel John Browne, on the other side. On
the behalf of the Irish inhabitants in the city and county
of Limerick, the counties of Clare, Cork, Kerry, Sligo,
and Mayo, in consideration of the surrender of the city of
Limerick, and other agreements made between the said
Lieutenaiit-General Ginckle, the Governor of the city of
Limerick, and the Generals of the Irish army, bearing
date with these presents for the surrender of the said city
and the submission of the said army. It is agreed, that,
' I. The Roman Catholics of this kingdom shall enjoy I. Roman
such privileges in the exercise of their relio-ion, as are Cath?llcs
0 to enjoy
'consistent with the laws of Ireland : or as they did enjoy ™m? PVi-
in the reign of King Charles II. ; and their Majesties, as [„ reiimof
soon as their affairs will permit them to summon a Par- Charles II.
lia-ment in this kingdom, will endeavour to procure the
said Roman Catholics such further security in that par-
ticular as may preserve them from any disturbance upon
the account of their said religion.
' II. All the inhabitants or residents of Limerick, or n 411 per-
any other garrison now in possession of the Irish, and all sons in this
-, -, . • , Article to
oincers and soldiers, now 111 arms, under any commission , njoy their
of King James, or those authorised by him to grant the '
same, in the several counties of Limerick, Clare, Kerry,
Cork, and Mayo, or any of them ; and all the commis-
sioned officers in their Majesties' quarters, that belong to
the Irish regiments, now in being, that are treated with,
and who are not prisoners of war, or have taken protec-
tion, and who shall return and submit to their Majesties'
obedience; and their and every of th?ir heirs shall hold,
430
REIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
Goods and
chattels.
To prac-
tice their
profes-
sions.
Oath of
allegiance.
III. Mer-
chants out
of the
entitled.
possess, and enjoy all and every of their estates of free-
hold and inheritance ; and all the rights, titles and in-
terests, privileges and immunities, which they, and every
or any of them held, enjoyed, or were rightfully and law-
fully entitled to, in the reign of King Charles II., and shall
be put in possession, by order of the Government, of such
of them as are in the King's hands, or the hands of his
tenants, without being put to any suit or trouble therein ;
and all such estates shall be free and discharged from all
arrears of Crown rents, and other public charges, incurred
and become due since Michaelmas 1688 to the day of the
date hereof : and all persons comprehended in this article
shall have, hold and enjoy all their goods and chattels, real
and personal, to them, or any of them belonging, and re-
maining either in their own hands, or the hands of any
persons whatsoever, in trust for or for the use of them, or
any of them : and all and every the said persons, of what
profession, trade or calling soever they be, shall and may
use, exercise and practise their several and respective
professions, trades and callings, as freely as they did use,
exercise, and enjoy the same in the reign of King
Charles II., provided that nothing in this article con-
tained be construed to extend to, or restore any forfeited
person now out of the kingdom, except what are hereafter
comprised ; provided also that no person whatever shall
have or enjoy the benefit of this article that shall neglect
or refuse to take the oath of allegiance l made by Act of
Parliament in England, in the first year of the reign of
their present Majesties, when thereunto required.
' III. All merchants or reputed merchants of the city of
Limerick, or of any other garrison now possessed by the
Irish, or of any town or place in the counties of Clare or
Kerry, who are absent beyond the seas, that have not
borne arms since their Majesties declaration in February
1688, shall have the benefit of the second Article, in
1 ' I, A. B., do sincerely promise and swear, that I will be faithful, and bear
true allegiance to their Majesties King William and Queen Mary. So help me
God.'
LIFE OF LORD CHANCELLOR PORTER. 431
the same manner as if they were present, provided such CTTAP.
merchant and reputed merchants do repair into this
kingdom, within the space of eight months from the date
hereof.
' IV. Preserves to certain officers the benefit of the IV. Offi-
Second Article upon certain conditions.
' V. Grants a general pardon to all persons comprised V. Pardon.
in Second and Third Articles.
' VI. Provides that no person or persons comprised in VI- Saved
the foregoing Articles, shall be sued, molested, or im-
pleaded at the suit of any party for any trespass, or any
arms, chattels, &c. by them taken during the war, or for
any rents, &c. by them received, or any waste committed.
This article to be mutual and reciprocal on both sides.
' VII. Allows to noblemen and gentlemen comprised in VII. Arms.
Second and Third Articles the use of arms.
' VIII. The inhabitants and residents of Limerick and VIIL Re-
other garrisons to be permitted to remove their goods, good's.
&c. without search or dues, and to have six weeks' time
allowed for removal.
' IX. The oath to be administered to Roman Catholics IX. Oath.
shall be the oath aforesaid, and 110 other.
' X. Persons breaking these Articles to lose the benefit X. Breach
,, of Articles.
oi same.
' XI. The Lords Justices to protect all persons compre- XI. Pro-
hended in these Articles for the space of eight months.
* XII. The Lords Justices undertake that their Ma- XIL To lie
jesties will ratify the Articles within eight months, and
endeavour that same shall be confirmed by Parliament. .
months.
' XIII. Frees Lord Lucan from engagements as to the XIII. Lord
debts of Colonel John Brown. Lucan-
' These articles were signed by
4 SGRAVENMORE, CHAS. POETER,
' H. MACCAT, THO. CONINGSBY,
' T. TALMASH, BAR. DE GINCKLE.'
When the articles were signed, it was discovered tlinfc
after the words, Limerick, Clare, Kerry, Cork, Mayo, or
432
REIGN OF WILLIAM AND MARY,
CHAP.
XXIX.
Clause
omitted
confirmed
Ity Letters
Patent.
Military
Articles.
Con duct of
magis-
trates in
violation
of the
Treaty.
The Lord
Chancellor
{iiid others
Lords
Justices.
Distracted
state of
Ireland.
any of them, in the second Article, an important clause,
which had been agreed upon, was omitted, viz., ' And all
such as are under their protection in the said counties.'
Thereupon the Lords Justices, who were aware the clause
was agreed upon and inserted in the draft of the Articles,
caused the King by Letters Patent to ratify and confirm
the omitted words.
Besides the foregoing, there were also military articles
agreed upon between the respective generals, by virtue of
which forty thousand of the Irish troops sailed for the
French coast, and were formed into the regiments of the
Irish Brigade and paid by the French King; they were
the men who changed the fortune of war against England
at Fontenoy.1 The Irish, who submitted 011 the faith of the
Articles of Limerick, soon found they had little to reward
their confidence. ' Justices of the peace, sheriffs, and other
magistrates, presuming on their power in the country, did,
in an illegal manner, dispossess several of their Majesties'
subjects, not only of their goods and chattels, but of their
lands and tenements, to the great disturbance of the peace
of the kingdom, subversion of the law, and reproach of
their Majesties' Government.' 2
Sir Charles Porter had been nominated Lord Justice,
together with Coningsby and Lord Sydney, subsequently
Lord Lieutenant, and the Chancellor applied himself to
forward the good government of a country torn by dis-
sensions and bleeding from the wounds inflicted during the
recent war. It was no easy matter to preserve order
among the state of things which then prevailed. On one
side were the adherents of King William III., flushed and
triumphant with recent victory, and determined to fence
themselves behind a rampart of law, which would prove
for ever an impassable barrier to the beaten party. On
the other side was the great bulk of the people, who had
clung to the cause of James II. with the fervour of their
creed and race, who by the terms of the Treaty of Lime-
rick, were to enjoy civil and religious freedom ; but the
' Vide O'Callaglutn's Irish Brigades, p. 3-30. - Harris's Life of William III.
LIFE OF LOED CHANCELLOR PORTER. 433
violation of the treaty left them at the mercy of men who CHAP,
only wanted a pretext for extirpating them. jSTor was this - * ' , * L >
pretext long wanting. Scattered bands of the Jacobite
army, hordes of Irish who had hoped to obtain employ-
ment as camp-followers, but who had no desire to serve in
the Irish Brigades on the Continent, and preferred to
wander in gangs at home, seeking a precarious subsistence The Rap-
on plunder from those who had been in the Williamite ^
service, were constantly swooping upon the outlying houses
of the Cromwellian or Williamite adherents. Their pre-
datory habits, their lairs and retreats among pathless hills,
the shelter of bogs, the houseless wilds, made it impossible
to guard against their coming, or to arrest their flight.
Like eagles swooping upon their prey, they fell upon a
convoy of military with provision, or a well-stored house,
and the work of death and devastation was prompt and
sure. If rescue was attempted, no trace of the banditti
could be found. Not a clue could be discovered of the
formidable array of a few minutes before, and the trooper
might weary himself in search of the Eapperee, who lay,
crouched like a hare in the neighbouring bog, or plunged
in the stream with his mouth and nostrils above the sur-
face.1 The Lord Chancellor felt the importance of uphold- Lord Chan-
ing the authority of the law in such a state of affairs. He endeavours
procured competent Judges — men of character and know- to gain
ledge of the law — and tried as far as possible to give the in the legal
Irish people the protection of the law, and thus induce tribunals-
confidence in the administration of justice.
The counties most peaceful were intrusted to the care County
of Lords Lieutenant, who had several Deputy Lieutenants Jn^it
J- «/ I <rlld.ll I h
to share the responsibility of the internal management, and De-
Strong measures for repressing outrage were needed, and
arms were placed in the charge of militia officers, to be
used for the protection of life and property against the
enemies of both. The Privy Council was composed en- Privy
tirely of those who had manifested the utmost zeal in the
cause of King William. Seventeen Justices were appointed
1 Dr. Curry's Civil Wars of Ireland, vol. ii. chap. viii.
VOL. I. F F
434
REIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
Office of
Commis-
sioners of
Forfeitures
abolished.
Lord
Sydney
calls a
Parlia-
ment.
Roman
Catholics
excluded.
Progress
to open the
Session.
to try prisoners at assizes in various counties, and active
steps were taken to allay the disturbing elements which
prevailed throughout the land.
Perhaps one of the measures which tended most to in-
duce the Catholic people to assist in the re-establishment
of law and order was the abolition of the office of Com-
missioners of Forfeiture, who had shamefully abused their
trust. '
At length it was deemed necessary to summon a Parlia-
ment, and Lord Sydney issued writs for a Parliament to
meet in Dublin. The Roman Catholics being excluded
o
from sitting in Parliament by the Act of the English Par-
liament of 1691, the Irish Parliament which assembled in
Chichester House, A.D. 1692, was exclusively Protestant.
Henry Viscount Sydney received at the Castle the Lord
Chancellor, who wore his state robes, the Archbishops and
Bishops in their lawn, the Judges in their judicial robes,
the members of the Privy Council, Masters in Chancery,
Peers, and several members of the House of Commons,
who attended his Excellency's progress to open Parliament.
It was a great spectacle for the citizens of Dublin, and as
such sights are not now seen in the Irish capital I intro-
duce an account here :—
First came the State trumpets and kettledrums, the
pages and yeomen, the Gentlemen-at-Large, three Pur-
suivants, the Chaplain s> Serjeants -at- Arms, Gentlemen-
Ushers, and King-at-Arms. Then followed his Excellency
the Lord Lieutenant, with an escort of Horse Guards, in
his State coach and six, followed by the coaches and six of
the nobility and members of the House of Commons ; the
route from the Castle to Chichester House, where the Par-
liament sat, was lined with infantry. On the arrival of
his Excellency) he proceeded to his robing room, and then
the business of the session commenced. The following
ceremonies took place. The Bishop of Kildare, being the
premier Bishop, read prayers ; the Lord Chancellor and the
rest of the Lords, the Archbishops, and Bishops took the
1 Harris's William III. p. 294.
LIFE OF LORD CHANCELLOR PORTER, 435
oaths,1 and subsequently the declaration,2 and then the
inferior officers of the House. The Lord Chancellor being
informed there were several Lords who desired to take
their seats and be introduced to the House, appointed two Peers.
of the eldest Peers (Lords Ely and Massereene) to bring
them in ; accordingly there were introduced the Lord
Longford, Lord Blessington, Lord Shelburne, and the Lord
Coningsby, one by one, preceded by the Ulster King-of-
Arms and the Usher of the Black Rod ; each as he came
in delivered his patent and writ of summons on his knees
to the Speaker, which he caused to be read by one of the
clerks ; and his claim being allowed, he was desired to take
his seat.
When the House assembled, notice was given to the Entry of
Viceroy, who entered in great state. Before him marched
his gentlemen, two holding white staves, the Usher of the tenant.
Black Rod, Cork and Athloiie Heralds, Lord Donegal
bearing the Cap of Maintenance, and the Earl of Meath
the Sword of State. His Excellency wore his robes, the
train borne by three noblemen's sons, those of the Earl of
Drogheda, Lord Clifford, and Lord Santry.
On his Excellency being seated on the throne, the Lord
Chancellor standing on his right hand, ordered the Usher
of the Black Rod to go to the House of Commons, and ac-
quaint them that his Excellency commanded their attend-
ance at the bar of the House of Lords. After they obeyed The Com-
the summons, his Excellency addressed them in the speech attend.
1 The oath ran thus : ' I, A. B. do swear that I do from my heart abhor,
detest, and abjure, as impious and heretical, that damnable doctrine and posi-
tion, that Princes excommunicated or deprived by the Pope, or by any authority
of the See of Rome, may be deposed or murdered by their subjects, or any
person whatsoever. And I do declare that no foreign Prince, person, Prelate,
state, or potentate, hath or ought to have, any jurisdiction, power, superiority,
pre-eminence, or authority, ecclesiastical or spiritual, within the realm.'
2 The Declaration against Transubstantiation was couched in the most
offensive language possible to the most sacred tenets of the Catholic Church,
the belief of the Divine Presence in the Eucharist. It, as well as the fore-
going oath, was imposed by Stat. 3 and 4 William and Mary c. 2, in violation
of the ninth Article of the Treaty of Limer'ick. They are no longer a disgrace
\o the Statute Book.
F F 2
436
REIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
The Com-
mons elect
a Speaker.
Sir
Richard
Levinger
Solscitor-
General,
Speaker.
from the throne, and then the Lord Chancellor directed
them to return and elect their Speaker. His Excellency
then retired to his robing-room, and the Lord Chancel-
lor adjourned the House to Friday at ten o'clock, when
the Commons were to present their Speaker to the Vice-
roy. The House of Commons on their return from the
Lords proceeded to choose their Speaker, and a right
honourable member proposed Sir Richard Levinge, who
was then Solicitor-General, for that high and important
office. The motion being approved of, the question was
put by the clerk by direction of the House, whereon it was
resolved 'that Sir Richard Levinge, Knight,1 their Ma-
jesties' Solicitor-General, be Speaker of this House.' Mr.
Speaker was then conducted to the chair and placed
therein, by two of the members, his proposer and seconder.
Then the Speaker returned thanks to the House for the
honour conferred on him, excusing his inability for so
great an undertaking and trust, promising, nevertheless,
his utmost endeavour to serve their Majesties and this
country, and hoped this House would assist and support
him therein.2
The Speaker being seated, the last Act of Parliament
passed by the Parliament in England in the third year of
their Majesties' reign, for abrogating the Oath of Supre-
macy in Ireland and appointing other oaths, was read.
After which, the swearing in of members proceeded; the
House then adjourned until Friday morning, October 10,
at eight o'clock, when they were to meet in order to pre-
sent their Speaker to the Lord Lieutenant, according to
his Excellency's command.
The Parliament having assembled on October 10, 1692,
accompanied Sir Richard Levinge as their Speaker to the
House of Lords, where, on being presented to his Excel-
lency, the Speaker said :
1 He was created a Baronet in 1704, Attorney-General in 1711, and Lord
Chief Justice of the Common Pleas in 17-0. He was ancestor of the present
estimable and popular Sir Richard Levinge, Bart, of Knockdrin Castle, County
Westmeath.
2 Com. Jour. Ir. vol. ii. p. 9.
LIFE OF LOED CHANCELLOR POSTER. 437
'May it please your Excellency, — CHAP.
* The Commons of Ireland, in obedience to their Majes-
ties' writs of summons, and, according- to the course of
speech.
Parliament, have met together in their House, and have
done me the honour to choose me the Speaker. I was
infinitely the more surprised, because I could turn my
eyes no way in that honourable House without seeing
many of its worthy members, who, in all respects, are
much better qualified for the service of the House ; and
when I reflect how great quickness, memory, judgment,
courage, and experience are necessary to the well-filling
of that chair, I blush and tremble with the sense of my
imperfections, and since I would be much rather wanting
to my own advancement by declining it with modesty than
rashly execute it to the public detriment, I beseech your
Excellency, with all tender regard to the Commons, to
direct them to return back to their House and make
another choice of a fitter person to supply the chair.'
To this the Lord Chancellor replied : —
' Mr. Speaker, — For such I must now call you, the expe- The Lord
rieiice his Excellency has of your abilities, and the great £!i'jlu""s
inclination you have shown, while you were in England, for reply,
the interest of this country, are qualifications which suffi-
ciently recommend you for this service ; and though his
Excellency does not disapprove of your modesty in excus-
ing and disabling yourself, yet he does easily distinguish
between that and your real ability, and commands me to
let you know that though there are many other worthy
and learned members in the House of Commons, yet he is
of opinion they could not have made a better choice than
they have done, and therefore does fully approve of you
for their Speaker, and require you to attend their service
accordingly.'1 The Speaker then thanked His Excellency
and asked for the usual privileges of the Commons, which
being granted, the proceedings of the sessions commenced.
A notice of the short comings of this Parliament, which
refused to pass some of the bills sent from England, nia.y be
1 Coin. Jour. Ir. vol. ii. ]>. 10.
438
REIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
Lord Lieu-
tenant's
speech on
the pro-
rogation,
A.D. 1692.
Complains
of the
House.
Commons
of Ireland
assert their
rights to
originate
money
bills.
Votes con-
trary to
Acts.
Protests
against
the votes.
judged from the speech of the Lord Lieutenant, proroguing
the houses on Thursday, November 3, 1692, less than a
month from their assembling.
' My Lords and Gentlemen, — Upon the opening of this
session I did acquaint yon with the motions which induced
their Majesties to call this Parliament, which were no
other than what entirely regarded a happy settlement of
this kingdom, upon such foundations as might not only
secure the peace, but bring you into a prosperous and
flourishing condition.
' I am sorry I cannot say there has been such a progress
made by you, gentlemen of the House of Commons, to-
wards these ends, as their Majesties had just reason to
expect ; and I am the more troubled that you, who have
so many and so groat obligations to be loyal and dutifully
affected to their Majesties, should so far mistake your-
selves as to entrench upon their Majesties' prerogative,
and the rights of the Crown of England, as you did on
October 27 last, when, by a declaratory note, you affirmed,
that it is the sole and undoubted right of the Commons
of Ireland to propose heads of bills for raising money ;
and also again, on the 28th of the same month, when you
rejected a bill sent over in the usual form, intituled " An
Act for granting to their Majesties certain duties for one
year," you voted that it should be entered in your journals,
that the reason why the said bill was rejected was, that
the same had not its rise in your House. These votes of
yours being contrary to the Statutes 10th Henry VII. and
the 3rd & 4th Philip and Mary, and the continued practice
ever since, I find myself obliged to assert their Majesties'
prerogative, and the rights of the crown of England, in
these particulars in such a manner as may be most public
and permanent ; and therefore I do here, in full Parlia-
ment, make my public protest against these votes, and the
entries of them in the journal of the House of Commons,
which protest I require the clerk of this House to read,
and afterwards to enter it in the journals of this House,
that it may remain as a vindication of their Majesties' pre-
LIFE OF LORD CHANCELLOR PORTER. 439
rogative and the right of the Crown of England, in these CHAP.
"V \" T V
particulars, to future ages.' The Lord Lieutenant then vj__ _.
handed to the Lord Chancellor his protestation, which
Sir Charles Porter delivered to the clerk of the House,
who read it aloud ; Sir Charles then, at his Excellency's
request, addressed the members : —
'My Lords and Gentlemen, — His Excellency having Lord Chan-
been acquainted that both Houses intended severally to address's.
present some heads upon which they desired bills to be
prepared of such as his Excellency and the Council should
approve of, commands me to acquaint you that he will
take them into his consideration, and that against the
meeting of the Parliament, after this intended prorogation,
such of them as shall be found requisite shall be in readi-
ness to be brought into Parliament.' The Lord Chancellor Parliament
then prorogued the Parliament until April 6 next year, Proro?lled
J and dis-
which it was again prorogued and before meeting dis- solved,
solved. Thus, notwithstanding all the professions of
loyalty to the Throne, very serious differences soon widened
into a breach between the King's Deputy in Ireland and
the Irish Parliament. The necessity of furnishing the
supplies to meet the debts of the Irish Government — the
great arrears of pay to civil and military officers — had
been one of the Lord Lieutenant's chief reasons for sum- ^easo.n of
the \ ice-
moning Parliament, and, as usual, bills were to be submitted roy's auger.
to the Privy Council of England, pursuant to Poyning's
Law. But a spirit of independence had arisen among the
Irish members, that now displayed itself in a very marked
manner, and when two money bills came over, certified by
the Privy Council in England, the Irish members refused
to pass them, asserting ' their right to originate all bills
involving supplies of money, the same as the English House
of Commons.' Despite the efforts of the Government, the
Irish Parliament adhered to their determination, and re-
jected one of the bills, which so incensed the Lord
Lieutenant, that, after two adjournments he dissolved
the Parliament on September 5, 1693.
A struggle for power had been going on for a long time Struggle
440
KEIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
com-
menced,
A.D. 1576.
Offer of
the Com-
mons.
Scoffing
reply.
Lord Lieu-
tenant
consults
theEnglish
Judges.
Com-
plaints
against
the Lord
Lieu-
tenant.
His
offences.
with more or less vigour between the Viceroy as represent-
ing the Executive Government, and the Irish Parliament.
It dated from 1576, when the then Lord Deputy, Sir
Henry Sidney,1 asserted the right of raising taxes by
royal prerogative, without the sanction of the legislature.2
Since then the Irish House of Commons jealously resisted
the least infringement on its privileges, and looked with
no patient eye upon any interference by the Parliament of
England in their legislative functions. Willing, however,
to show respect to the throne, they intimated to the Lord
Lieutenant a desire to lay before William and Mary their
reasons for their conduct. The answer to this application
shows how much their conduct incensed the Lord Lieu-
tenant. ' They are at liberty,' he scornfully replied, ' to
beg their Majesties' pardon for their seditious and riotous
assemblies.'
He had previously to this discourteous answer taken
the opinion of the Judges of England, who, having regard
to Poyning's Law, condemned the conduct of the Irish
Parliament. It would appear also that he had incurred
the anger of the Protestant ascendency party by endea-
vouring faithfully to carry out the provisions of the
Treaty of Limerick, and allowed the army to be recruited
by Catholics. Upon the establishment of King William
and Queen Mary on the throne, such of King James's
soldiers as submitted to the new dynasty did not feel any
reluctance to serve beneath the banner of England. These
matters formed the ground of complaint exhibited against
the Viceroy by Sir Francis Brewster, Sir William Gore,
Sir John Macgil, Lieutenant Stafford, Mr. Stone, and
Mr. Kerne. They were examined at the Bar of the House,
their complaints considered so justifiable as to merit the
attention of both Houses. Each House then prepared
and presented an address to the Throne. They de-
nounced abuses attending grants of forfeited estates, con-
1 A curious coincidence in the name. For full particulars of the case, temp.
Queen Elizabeth, vide Life of Lord Chancellor Gerard, ante, p. 290.
2 Moore's History of Ireland, vol. iv. p. 74.
LIFE OF LORD CHANCELLOR TORTER. 411
tended that protection afforded to the Irish Catholics was CHAP.
XXIX
injurious to the Protestant interest; that a Mayor had ^II^IJ^
been imposed upon the city of Dublin for two years suc-
cessively,1 contrary to the ancient privileges and charter ;
that persons accused of murder were executed without
proof; that the army was recruited with Irish Papists
who had been in open rebellion ; that additions were made
to the Articles of Limerick after the capitulation was
signed, and the place surrendered.2
The usual answer was given, ' that due attention would The usual
be paid to all remonstrances from their Majesties' faithful given.
Lords and Commons,' but for some time no steps were
taken in the matter. William's sagacity, and, perhaps,
the advice of the Lord Chancellor of Ireland, prevented
his visiting on the Lord Lieutenant or Lords Athlone and
Coningsby, who are also implicated, the vengeance of the
Irish Protestant party. He doubtless, felt, that some
show of observance of the Treaty of Limerick was neces-
sary, for to this he was pledged.
The condition of Ireland was such that the King at The King
length was forced to show due regard to the remon- L°™(1S
strances, and Lord Sydney was recalled. It is very pro- Sydney.
bable that nobleman was desirous of this. He would,
I believe, have afforded protection to the Catholic popula-
tion, but he was powerless against the adherents of King
William, who regarded the liberty to crush the Papists as
a right they had won at the sword's point, and, 011 July 3,
1693, Lord Sydney left Ireland. Previously to his de-
parture, Coningsby and the Lord Chancellor had been Lord Chan-
accused of flagrant acts of oppression in Ireland. They c^ninesi.y
were impeached in the English House of Commons by the impeached.
Earl of Bellamont, but after an examination of the Articles
exhibited against them, the Commons, who were at the
devotion of the Government, declared that, considering
1 The Lord Mayor of Dublin, Sir William Carroll, Knt., M.D., had been in
this position, 1868-9, without any complaint from any quarter.
2 Smollet's History of England, vol. i. p. 173.'
442
REIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
i^ — _ _,-*
The
articles
scouted.
Lord Capel
Lord
Justice.
His policy.
Rtrenpt li-
en ed by a
p;irfy in
Ireland.
the state of affairs in Ireland, they did not think them fit
grounds for an impeachment.1
Before Lord Sydney's departure, Henry Lord Capel, a
younger brother of Arthur Capel, Earl of Essex, who had
been Lord Lieutenant in 1672, was appointed Lord
Justice. This was a species of probation sometimes
adopted to see what kind of a Lord Lieutenant the Lord
Justice would make.
Whether it was originally designed that Capel should
pass through this intermediate grade on his way to the
higher dignity, does not appear ; but his qualifications
for office in the eyes of the English Ministry might be
summed up in this one, that he was ready to waive all
inconvenient scruples in order to form, concentrate, and
control a party strong enough to command a majority in
the Council and in the House of Parliament, devoted to
what was called the English interest in Ireland, that is,
the principle of extreme encouragement of the Pro-
testants by legislative and all other means, and of equally
emphatic discouragement of the Catholic religion, interest,
and population, throughout the kingdom. In justice to
the King, it ought to be added, that neither in the with-
drawal of the one functionary, nor in the appointment of
the other, did he follow his own unbiassed inclination.
But usually at a distance from the seat of Government
his object, as Burnet remarks, too palpably was, ' so to
balance factions as to neutralise any opposition powerful
enough to embarrass his foreign policy.'
This disposition of the Viceroy soon gathered a band
of kindred spirits around him. In the words of the
writer already quoted,2 ' Capel had no difficulty in finding
a party as unscrupulous as himself. His game was theirs
— he played for power, they for lands and houses. The
great point with the latter was to strain, and, if neces-
sary, to distort the Articles of Limerick, so as to throw as
much property as possible into the hands of the Crown by
1 Smollet's History of England, vol. i. p. 205.
2 Dublin University Magazine, vol. xlvi. p. 725.
LIFE OF LORD CHANCELLOR PORTER. 443
confiscation, for the purpose of being made the subject of CHAT*.
fresh grants, in which they hoped to share.'
This conduct of the Lords Justices was exceedingly dis- The Chan-
tasteful to the Lord Chancellor, who, jealous of the Desires to
honour of England, and the trae interests of the King, adhere to
was desirous of supporting the Treaty of Limerick in its Of Lime-
integrity. But the state of the exchequer was such that rick-
honest courses were forced to yield to the stern dictates
of poverty. The army and civil servants were clamorous
for their pay, which was lamentably in arrear, and to
secure the co-operation of the Irish Parliament, to raise
the necessary supplies, the rigidity of the Articles of Necessity
of *>*1(*T*1 -
Limerick should be relaxed in favour of Protestants, and f^',^ t]ie
to this the Lord Capel felt strongly inclined. We find Articles to
preserved amongst the Southwell MSS. ample proof of Protes-
the adverse notions which prevailed at this date (1694) in p"^111
the Irish Executive ; they threw such clear light upon the ment.
policy dictated by prudence and by faction that I give
them in full. The first is from the Lords Justices, Sir
Cyril Wich and William Dunconibe, who were associated
with Lord Capel as Lords Justices ; the other is from the
Lord Capel alone, both are addressed to the English
Secretary of State :—
1 To Mr. Secretary Trenchard.
' Dublin Castle, July 14, —94.
( Sir, — In the beginning of May, we received yours of Letters
April 24, in which, amongst other things, you signify his ^°^etw°
Majesty's commands to us, that we should send him our Lords
opinion, whether we think it convenient that a Parlia-
ment should be called here, and at what time, and par- As to
ticulaiiy in relation to the sole right claimed by the late parlia-1
House of Commons of beginning money-bills in their nient
House ; and in order thereto, you sent us, by their Majesties' called.
command, a copy of the opinion of the Judges in England
in that matter, which their Majesties thought fitt wee
should communicate to such Gentlemen here, and in such
manner as we should believe most advisable.
444
REIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
Steps to
ascertain
the views
of Parlia-
ment.
' There are so good reasons for the sitting of a Par-
liament, from the great want of money to carry on their
Majesties' service, and of some laws necessary for the good
of the country, that we neither presume to trouble their
Majesties anew with what they are so well apprized of,
nor dare we advise that a Parliament should not meet.
But if it be reasonable that the inclination of the most of
those who are likely to compose the House of Commons,
in relation to their adhering to or quitting the pretence
to the said right, should have any influence upon the
resolution which is to be taken in this matter, it is neces-
sary that we should faithfully acquaint their Majesties
with what we believe will be the event of the meeting, and
our reasons for it.
' We communicated the copy of the Judges' opinion in
Council, which we conceived the most popular reckoning
that they would (and we desired them to do so), commu-
nicate it to their friends round the country. And though
it be not so long a time since, as that we can yet be able to
give an account of what influence it may have had upon
men's minds ; yet, when we consider that this opinion of
those learned gentlemen (though not coming authentically
to their hands till now), yet has been heard of, and read by
all who are desirous of information of this kind very long
since, we are afraid that the bare acquainting men now
afresh with what they knew so well before can have but
little new effect towards the change of their judgments.
Foreseeing that it would be of considerable use to us to
know how those who are like to be chosen stood affected
in this point, we have all along made it our care, as
cautiously and un discern edly as we could, to enter into
these thoughts and resolutions. We have severally dis-
cussed with some of the gentlemen themselves, we have
consulted some of the Judges who have opportunities in
their circuits of conference about these as well as other
matters, and whom we desired to inform themselves there-
abouts ; we have advised with many others who can very
well judge of the tempers of those with whom they often
LIFE OF LOED CHANCELLOR PORTER. 445
converse in severall parts of the Kingdom, and we cannot CHAP.
"V V T V
in duty but inform their Majesties that we generally find ^* / L^
men as stiff as ever ; and as resolved, if not to pursue the
point and maintain it, yet not to retract and give it up.
Some few here and there think it had been better that the
question had not been started, and would be glad it might
now be quiett and undecided ; these are, therefore, willing
enough that the Parliament should not meet, that they
might neither pay money, nor be put upon the necessity
of declaring themselves either way, and so either lose
their party by owning and retracting their error, or ob-
struct the publique service by persisting ; but the greater some
number, as we conceive, resolve positively to go forwards, "1;lintain
J the inde-
and are earnest for a Parliament, that they may have a pendence
second opportunity of renewing, and, as they thinke, oflreland-
riveting their claim. Nay, we gather from what now and
then falls from some of them, that they aime, not only att
the immediate consequence of this right (if it be one), the
having no bills sent them, which any way bring a charge
•upon the people, but at the endeavour of having many of
the laws, which will deserve a great deal of consideration
before they passe. Some speak of putting in hard for the
Habeas Corpus Act, and yet would have it exclusive to all L!IWS for
-Til
Papists ; some think it necessary that the Bill of Rights
should be made a law here too, though it declares (among
other things) a standing army in time of peace, without
which this country cannot subsist (nor ever has) to lie
against law. And there are some, too, who would have a
Generall Act, in imitation of that in Henry VII. 's time,
to make all the laws of England, made since that time,
laws of the Kingdome ; and some doe not stick to say in
express terms that a law made in England does not bind
Ireland, tho' made with that intent. But we never yett
met with more than two gentlemen who believed that the Only two
House would part with their pretence to the sole right, ™f {hl°"r
one of whom is a nobleman, and so not to sit there, and cl:lini by
the other a man that was against it before.
' Their Majesties will, from hence, see ho\v farr (in our
446
REIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
^ m fj
Lord
Capel of
a different
opinion.
Circum-
locution.
opinion at least) the House, when it meets, will be from
letting goe their hold. And yet we perceive that my Lord
Capell is sanguine enough to believe that the chiefe as-
serters to this right are ashamed of it, and will certainly
give it over ; and has told us as much, as we have likewise
told him our thoughts. We hope that he has taken his
measures better than we have done, for it is evident that
one of us is mistaken ; and we should be heartily glad to
find (since it would be for their Majesties' service) that
time would show that we are so.
' One of the likelyst ways that we know of to make
gentlemen thro'ly consider what they are to doe, is to let
them understand plainly that the Crown will not part
with this right ; which we suppose was one of the chief
ends of sending ye paper above spoken of hither, to be
communicated, that all well-meaning men might have time
to advise whether it will be worth their while to insist so
zealously upon a point, and so much to their prejudice,
which they are sure not to gain. And yet, we find (but
ca,nnot tell by what means it comes about) that a great
many have expectations that their Majesties will give way,
and hope by perseverence to bring it about. As long as
there is any ground for this opinion, they will certainly be
very tenacious, and therefore we pray to know whether
we ought not to goe on as hitherto we have done, in de-
claring positively to those who are concerned, as occasion
offers, that their Majesties will not give up this preroga-
tive, which is undoubtedly theirs.
' We have not been hasty in giving our thoughts on this
question, as well because it is a matter of great moment,
and required great deliberation, and sedate recollection,
as because we do not see if their Majesties should resolve
upon calling a Parliament how it can well meet till after
the next Session in England. The bills for money which
were, according to command, sent over in paper long since,
are not yet returned, and when they are, they must passe
all the forms of the Council here, which is not like to be
at this time of the yeare, before they can be in grossed to
LIFE OF LOUD CHANCELLOR PORTER. 447
be sent into England under the Seale. And yet all this CHAP,
must be done, and they must be returned back again before ^1 \ Vl^
the meeting of the Parliament, because it seems to be a
necessary justification of their Majesties' right to begin
with bills for money.
' We have fully and plainly, as their Majesties' service
requires, told you our thoughts and our fears, and shall,
with all the prudence and diligence which we are masters
of, obey what commands are sent us.
'We are, &c.
' Yor most humble Servants,
'CYRIL WICH.
'W. DUNCOMBE.'
The letter of Capel is quite opposite in the views it ex-
presses from the foregoing. It shows how completely he
was the mouth-piece of the Protestant ascendency party,
and hints that the conduct of the Chancellor was opposed
to the interests of the Crown. As it throws much light
upon the state of parties in Ireland, and the difficulty of
the Lord Chancellor acting with a man of Capel's un-
scrupulous character, I give it in full : —
' To Mr. Secretary Trenckard.
<sv-
'Dublin Castle: July U, 1G94.
'My indisposition hath for some time hindered me Letter
from giving an answer to yours of April 15, concerning fr°m -Lord
calling a Parliament here, and, of late, my desire to joine
with the other Lords Justices in a representation thereof;
but finding they have not the same sentiments in this other
matter with myself, I think it my duty humbly to offer ^ords
my own poor opinion, upon this occasion, which so nearly disagree.
concerns the King's affairs.
' That there is a necessity for calling a Parliament no Necessity
one can doubt who will consider the want we have of
money. There is an arreare of 1SO,OOOL to the civil and
military lists, grown due since the beginning of the Es-
tablishment, January 1691. The General Officers of the
448
REIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
Charges in
excess of
revenue.
Defence-
less state
of the
coasts.
Acts for
the Eng-
lish and
Protestant
interests.
Army, the officers of the Ordnance, and the Governors of
the severall forts and garrisons, with many others, unpaid.
There are likewise very considerable debts owing from the
Crown not comprehended in the Establishment, which
ought to be satisfied, nor is there any prospect when our
condition will mend, the charge 011 the Establishment ex-
ceeding the produce of the growing revenue, by a modest
computation, at least 60,OOOZ. per annum.
' The severall garrisons and forts of this kingdom are out
of repair, and must also be furnished with stores and other
provisions of War.
' An Act should likewise pass for settling the militia,
which is now almost quite laid aside, and will, with great
difficulty, be called together again. Great heats and
disputes have lately arisen between the Governor and the
Deputy-Governor of the County of Dublin, and the Colo-
nels and other officers of the militia, about the raising
thereof, and the opinion of the lawyers, produced to us on
that matter, which has set them at a distance among
themselves, and will, I fear, be of ill example to the rest
of the counties. Besides, there is no legal course, at
present, to be taken with the Irish to compel them to con-
tribute to the charge thereof ; so that the Kingdom is not
in a fit posture of defence ; and, should the enemy land
with a small force of men upon any part of the western
coast, we should find great difficulty to suppress them ;
and the Irish (who were never more insolent in these parts
than now) will be ready upon any opportunity to joine
with them.
' Some temporary laws expired the last Parliament, which
being of great benefit to the people, ought to be revived.
And we want other good laws, which, after so great a
revolution, ought to be enacted for strengthening and
securing the English and Protestant interest ; such as are
bills for disarming Irish Papists, for prohibiting them from
keeping horses above five pounds value, or thirteen hands
and a half high ; for restraining foreign education ; for
taking of Tories ; for observing particular holidays and no
LIFE OF LORD CHANCELLOR PORTER. -449
other; for the settling of civil bills, &c. Many private CHAP.
bills are also wanting for the benefitt of particular subjects.
An Act of Parliament is also wanted for the rebuilding
and repairing of churches, most of the parishes in this
Kingdom either having no churches at all, or, if any, out
of repair, and not fitt to celebrate Divine service in, which
causes many to depart from, our Communion. And thus
their separation may be partly imputed, in a great measure,
to the non-residence of the clergy, and a total failure of
their duty in a very great many parts of the Kingdom.
' The meeting of a Parliament will also have this good
effect, it will assure their Majesties' Protestant subjects of
their affection to them, and of their care for their preser-
vation, notwithstanding the reports (as if there would be
no more Parliaments in Ireland) which some have of late
too industriously spread about, who either do not know,
or do not wish, the good of the Government.
' The argument used against meeting of a Parliament Arguments
here, I find, is the probability of their reviving old quar- p^f th"°
rells, and that they will fall again to their former heats ment.
about the Articles of Limerick, and their sole right of
originating money-bills, which should they insist upon, it
would make a greater breach than exists already, and
prejudice their own and their Majesties' interest.
' For my own part, I have made it my business, ever
since my coming hither, to inquire into this matter. I
have conversed with all sorts of people, and with many of
the angry gentlemen of the late House of Commons, upon
this subject, and they all tell me they will not differ with
their Majesties ; and tho' 110 man can be sure what a
Parliament will, or will not, doe when they come together, His
yet I am really of opinion that all heats will be laid aside, "n '
and that another Parliament will meet in a temper and
resolutions to do their Majesties and their country all the
service that can be expected from good Englishmen and
Protestants, and will contribute to their utmost towards
the support of the Government, being sensible they have
VOL. i. G G
450
REIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
Self in-
terest.
Some of a
different
opinion.
The
Articles of
Limerick.
been burthensome enough, already to England, and can-
not reasonably expect any further supplies from thence.
' This is the language and disposition of all the eminent
lawyers and leading men I discourse with, upon this occa-
sion, and I am verily persuaded they tell me their minds,
and the truth ; for t'will be infinite advantage to them to
have a good settlement in Parliament. Another rupture
with their Majesties would utterly undoe them, and leave
the country untenanted, and unimproved ; 'tis therefore
their interest not to differ with the King, and interest can
never ly ; and, for this reason, I am the more confirmed
in my beliefe that they will doe well, and answer the ends
for which they are call'd.
' I must needs confess that some of the members of the
Privy Councill and Judges are of another opinion, and
have told me, should a Parliament be called, they will stand
to their former vote, of having the sole power of Money
Bills, but they do not instance in any particular persons,
and therefore I am apt to believe they are apprehensive
of the consequence of such an assembly, as to their own
private interest. I am loath to think they are afraid
of a good agreement between their Majesties and their
people.
' As for confirming the Articles of Limerick and Gal-
way, I find the first and the sixth Articles may meet with
some opposition. The first, if confirmed, they say, esta-
blishes the Popish religion, which cannot be digested by
any Protestant ; and, for the sixth, they who object
against it say they would readily agree that when any
goods, horses, cattell, money, &c., are taken in pursuance
of any military or civil orders for the use of the publique,
the persons so seizing should be pardoned ; but when any
person acted without authority, and converted the goods
to his own private advantage, he ought to be answerable
to the party injured ; and this is also an objection against
passing an Act of Indemnity for all trespasses done during
the war. But even in this case they tell me they will
have a due regard to the King's honour and word, and I
LIFE OF LORD CHANCELLOR PORTER. 451
hope will be prevailed with to pass an Act for a generall CHAP.
, ,. . xxix.
oblivion. . - , — ^
* I have here, with all sincerity and truth for their
Majesties' service, according to the best of my judgment,
delivered my opinion concerning1 a Parliament in Ireland,
and with all humility submit the same to their Majesties'
most gracious consideration.
' I am, Sir,
' Your most faithfull, humble Servant,
< CAPEL.'
It is plain from these two documents, so essentially Division
differing- in opinion, that there were hostile parties in the ""
Irish Government. The Lord Chancellor and two of the ment-
Lords Justices were for maintaining the Treaty of Limerick,
while Lord Capel and his adherents desired revocation in
order to possess power over the beaten Catholics. He
strongly urged the King to remove Sir Charles Porter from
the office of Lord Chancellor, and Sir Richard Cox from his
seat on the Judicial Bench. Though the King would not Viceroy
do so in the summary way suggested, he did not posi- mended
tively refuse, and on May 10, 1695, signed twelve letters tlle re~
containing changes in the Irish Executive for future use. theLcrd
Chan-
cellor.
These were intrusted to Lord Capel, who was appointed chan"
Lord Deputy of Ireland. Shortly after the return of the
Lord Deputy, on May 27, he dismissed Sir Richard Cox
from the Privy Council. Sir Robert Southwell condoled
with him in the words — Bona agere, et mala pati, regium est.
Capel was now Lord Paramount, and deterniinded to
have matters all his own way. Writs issued for assem-
bling a new Parliament, which met on August 27, 1695, Parliament
and from the very outset displayed a very tractable spirit.
In the address of thanks for his Excellency's speech, the
members state: — 'We take leave to assure your Excel-
lency that we will avoid all heats and animosities in our
debates, and apply ourselves to what shall be agreeable to Passive
his Majesty's expectation, and for the service of the pub- obedlence-
lick by supplying the deficiency of the revenue, &c.' l
1 Com. Jour. vol. ii. p. 46.
G G 2
452
EEIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
Attack on
the Lord
Chan-
cellor.
1. Exces-
sive fees.
2. Using
power
above the
law.
3. Illegal
imprison-
ment.
4. For un-
justly
removing
Usher.
5. Making
improper
men Jus-
tices of the
Peace.
Porter was soon the object of attack. Robert Rochfort,
Attorney-General, was elected Speaker, and he was hostile
to the Chancellor. Action was soon taken against Sir
Charles Porter. About a month after the assemblage of
Parliament, on September 30, 1695, Colonel Poiisonby
presented to the House of Commons the following Articles,
charging high crimes and misdemeanours against him,
which were received and read : — •
* 1st. That the said Sir Charles Porter, since his Ma-
jesty's happy accession to the Crown, contrary to his Oath,
Office, and Duty as Chancellor, and in manifest breach of
the Trusts reposed in him, hath by himself, his Agents, or
Servants, corruptly and illegally exacted and taken from
his Majesty's subjects new and excessive Fees, contrary to
the Laws and Customs of this Realm, and to the evil ex-
ample of other Ministers and Officers, and to the great
oppression of the subjects.
' 2nd. That the said Sir Charles Porter, in his Office
and Place of Lord Chancellor, hath used and exercised a
Power above and against Law, and to the subversion of
the fundamental Laws and established Government of this
Realm, extending such his Power at his ineer Will and
Pleasure, without any reasonable or warrantable cause over
the Persons and Estates of his Majesty's subjects of this
Kingdom.
' 3rd. For imprisoning illegally one Elnathan Lun,
until the said Lun enlarged one Packer, indebted to said
Lun and partner, whereby the said debt of 1,200Z. was
lost. The said Lun being forced to enlarge Packer to
procure his own release.
' 4th. For illegally removing Thomas Tilson from, his
office of Usher in the Court of Chancery.
' 5th. That the said Sir Charles Porter, being disaffected
to his Majesty's Government, and a great Favourer of
the late King James, his Adherents, and the Irish Papists,
put into Commission, and continues several persons in
the Commission of the Peace who have been active in
the late King's Service against his Majesty, and are unfit
LIFE OF LORD CHANCELLOR PORTER. 453
persons to be in Commission, some of them having im- ;CIIAP.
YYTV
brued their hands in Protestant Blood, and others indicted ^JL ' , ' '_*
and outlawed for High Treason committed against his
Majesty ; and the said Sir Charles Porter had sufficient
knowlege of the aforesaid matter relating to the said Jus-
tices of the Peace.
* 6th. That the said Sir Charles Porter, contrary to his 6. For
Oath, Office, and Duty, hath notoriously favoured the p™^8
Irish Papists against Protestants, in causes depending against
before him, b}r using great Delays in favour of the Irish tants.
Papists, and not giving such Judgments as the cases re-
quired when the same were ripe for Judgment, as appears
by the case of Bart and Carthy, the case between Sir
Arthur Gore and the Lord Dillon, the case between Kelly
and Grolier, and the case between Robert Twigg, Plaintiff,
Henry Ball, Robert Ball, and Richard Yates, Defendants,
and several other cases of like nature, contrary to Magna
Charta ; and the said Sir Charles Porter hath showed such
favour, as well to Irish Papists, that have not claimed
any benefit from any Articles, as to others, who have not
been adjudged within any Articles.
' 7th. That the said Sir Charles Porter, contrary to his 7. For
said Oath, Office, and Duty, hath acted partially, arbi-
trarily, and illegally in causes before him between Parties,
particularly by releasing George Philips, Esq., when in
execution at the suit of Morris Bartley, and by commit-
ting the Sub-Sheriff and Bailiffs of the High Sheriff of
the County of Dublin, for taking the said George Philips
in execution.' l
On October 5, a motion was made in the House that On motion
the articles against Sir Charles Porter, Knight, Lord
High Chancellor of Ireland, contained matters of impeach-
ment. The previous question being demanded, the House
divided — 94 voting for, and 116 against — on which the
debate was adjourned. At a later day it was ordered,
that witnesses in support of the articles, as also against
the allegations contained therein, should be sworn before
1 Com. Jour. vol. ii. p. 76.
454
REIGN OF WILLIAM AND MAEY.
CHAP.
XXIX.
Witnesses
in the
Commons.
Attend-
ance of
Peers in
the House
of Com-
mons.
Reasons
for the
Peers' re-
•fusal.
The Com-
mons
persevere.
the Lord Chief Justice and the Lord Chief Baron. When
sworn they were to be examined in the House.
The principal promoters of the articles having required
the attendance of his Grace the Archbishop of Dublin,
the Earl of Meath, the Earl of Longford, Lord Massareene,
the Bishops of Clonfort and Waterford, in the House of
Commons, to give their testimony on oath for the arti-
cles, a conference took place and reported 'that their
Lordships could not comply with the desire of the House
of Commons, by giving to the Lords mentioned in their
message leave to go down to that House — First, Because
it is not parliamentary for the House of Commons to
examine any Person upon Oath. Secondly, That the
House of Peers, being a Court of Judicature, and Judges
of all Impeachments brought from the House of Coimnons,
will examine such of their Peers as the Commons shall
desire, if any Impeachment shall be brought before their
Lordships, according to the usual methods of Parlia-
ments.'
But the Commons were not satisfied with this answer.
They appointed a Committee to search for precedents,
and, on October 25, 1695, the Solicitor-General reported
' that the House of Commons are, and always will be,
desirous to preserve a good correspondence with the House
of Peers, and in order to it will decline anything that
may be an intrenchment on their Lordships' Judicature or
right, yet are not satisfied with the Reasons afforded by
their Lordships at a conference on October 21 : —
' 1st. Because the House of Commons do conceive that
what is desired in their Message to their Lordships will
be no intrenchment on the judicature of the House of
Peers, the same being for the information and satisfaction
of the House of Commons only ; which they conceive to
be no Parliamentary Trial, but in order to prepare for
such Trial before their Lordships.
* 2nd. Because it is Parliamentary for the House of
Commons to receive Evidence of Witnesses who have
been sworn, of which there are several precedents.'
LIFE OF LOED CHANCELLOR PORTER. 455
Upon conference with the Lords, they resolved to adhere CHAP.
"V \T T \T
to their resolution, while the House of Commons insisted ^_ T _.
upon theirs, and there is no knowing: what the result of J?r<>th
. . . Houses
this difference of opinion might have been had it been decline to
carried much further; but, on October 25, the Lord Chan- glve way'
cellor attended the House of Commons, and as the Jour- LordChan-
nals inform us, * the Lord Chancellor being admitted with defends
the purse, a chair being placed for him on the right himself in
hand, within the bar, he laid down the purse and his Of Com-
hat, and at the back of the chair, uncovered, was heard mous-
what he could say on the articles exhibited against
him.' l
Unfortunately we have no record of his speech in de-
feuding himself on this occasion, but it was signally suc-
cessful, for on the question being put, ' That what Sir Question.
Charles Porter, Lord Chancellor of Ireland, said to the
House in relation to the matters contained in the arti-
cles exhibited against him, is satisfactory to the House
without any proof,' the House divided, and the affirmation
was carried by 121 for, to 77 against, the motion. The
result was the rejection of the articles, and the wit- Impeach-
nesses summoned were discharged from further attend- ^wndoned
ance.2
The night Sir Charles Porter triumphed over his Nocturnal
enemies, by the House of Commons rejecting the charges ^Vtr|ture
against him, he was proceeding homewards in his coach, Lord Chan-
through the narrow street then as now called Essex *
Street, which runs parallel with the quay along the Liffey
— it was named after the Lord Deputy's brother, Arthur
Capel, Earl of Essex — and entered the city by the Essex
Gate. At this period it formed the chief communica-
tion between Chichester House, where the Parliament as-
sembled, and Chancery Lane, in which the Chancellor
and many other Judges resided, being near the Four Courts
in Christ Church Lane.
As the unwieldy coach of that period lumbered along
the ill-paved street, which was utterly dark, for no public
' Com. Jour. Ir. vol. ii. p. 108. 2 Ibid. p. 120.
456
EEIGN OF WILLIAM AND MARY.
CHAP.
XXIX.
Unseemly
conduct
of Mr.
Speaker.
The
Speaker
flourishes
his mace.
Lord Chan-
cellor
complains.
lights were used at the period,1 and owing to the lateness
of the hour most of the inhabitants were in bed, the
Chancellor's coachman tried to pass another carriage im-
mediately in front. This was the coach of Kochfort,
Speaker of the House of Commons and Attorney -General,
a violent enemy of the Lord Chancellor. A stray glare
of light happening to fall upon the Chancellor's equipage
as the two vehicles were nearly in collision, the Speaker
instantly called aloud for the Chancellor's coachman to
keep back. This peremptory mandate being either un-
heard or unheeded, the Speaker, in his robes, darted from
his coach, and disregarding danger and dirt, seized hold of
the reins of the Chancellor's horses, and brought them on
their haunches. With a petulance and littleness unworthy
such an occasion, he ordered his mace to be produced
from his coach, and thrust it before the Chancellor's
coachman, declaring, ' That he would be run down by no
man, and would justify what he did.'
The Lord Chancellor, with wise discretion, took no per-
sonal part in this street rencontre. He made no attempt
to drag his mace through the mire, and was content to
allow the Speaker's carriage precedence while their route
lay in the same direction.2
Some idea may be formed of the inflammable materials
of which the Parliament of Ireland was then composed
by the fact, that this paltry squabble was deemed of suffi-
cient importance to be brought before Parliament. The
Lord Chancellor complained to the Lords of what he
thought a personal affront. The Lords sent the statement
to the Commons, requesting an answer, which they re-
turned to the effect that, ' as the matter was purely acci-
dental, it could not be looked on as designed affront to
their Lordships in the person of their Speaker.' 3
But these matters showUhere could be no common cor-
diality between those men to whom the Irish Government
was intrusted. The Lord Chancellor, Sir Richard Cox,
1 The Statute for lighting the streets of Dublin was not then passed,
date is 9 William III. c. 17.
2 Dub. Univ. Mag. vol. xlvi. p. 734. 3 Lords' Jour. Ir. vol. i. p. 500.
Its
LIFE OF LOED CHANCELLOR PORTER. 457
Sir Cyril Wich and Duncombe were advocates for ob- CHAP.
serving- the Articles of Limerick, and treating the Ca- ^XIX^
tholics with justice and moderation, while the more power-
ful party, of which the Lord Deputy Capel was the head,
resolved to crush the Papists, and the way in which they
were sustained in their measures by the Irish Parliament
may be judged by the preamble of the Act which ratified
(?) the Articles of Limerick : ' — •
' That the said Articles, or so much of them as may con- Preamble
sist with the welfare of your Majesty's subjects of this king- 9\vm III
dom, may be confirmed,' &c. c. 2.
The utmost severity was shown to the great bulk of the
Irish people, who were so cooped and caged within legis-
lative disabilities, it was hoped they would be forced
either to a renunciation of their religion, or to an aban-
donment of their country.2 Acts were passed restraining
foreign education, disarming Papists, banishing Popish
clergy, preventing Papists from being solicitors or inter-
marrying with Protestants. The Papist was the ' enemy,'
and so termed, whether he desired to be friend or not.3
The Lord Chancellor was powerless to resist this line of Lord Chan-
conduct, but when an effort was made to prolong the
power of those who wrought such cruelty, he resisted with to protect
the Ca-
success. tholics.
Lord Capel had been in failing health, as appears by his The Lord
letter above quoted, and his illness grew as time rolled
on. During the spring of 1696 he removed to Chapelizod, ning
a village close to Dublin, where was situated the * King's
House,' a mansion purchased from the Eustace family by
Charles II., the ruins of which are still standing. This
formed the summer residence of the Irish Viceroys before
the Vice-regal lodge in the Phoenix Park was devoted to
their use. When the Lord Deputy's malady showed symp-
toms of danger, the party who acted with him feared that
his death would terminate their reign of power unless they
obtained the appointment of some of their number as
Lords Justices. To effect this Brigadier Wolseley and
1 9 Wm. III. o. 2. - Dublin University Mag. vol. xlvi. p. 734. 3 Ib. p. 73,5.
458
REIGN OF WILLIAM AND MARY.
CHA.P.
XXIX.
Attempt to
create
Lords
Justices.
Forcible
posses-
sion of the
Requires
the Great
Seal to be
affixed.
The Chan-
cellor
refuses
without
authority.
Death of
the
Viceroy.
Mr. Stone, repaired to the House of Sir Eichard Cox,
who, at this time, was in England, and not finding his
clerk, from whom they expected to procure the Signet,
which was in Sir Richard Cox's keeping, they broke open
Cox's chamber door, ransacked his desk and papers, until
they found the Signet, which they affixed to a warrant
authorising the preparation of a patent for Lords Justices.
They spurred hard for Chapelizod, and finding the Viceroy
still alive, though dying, they prepared a patent constitut-
ing Morrogh, Yicount Blessington, and William Walseley,
Esq., Master of the Ordnance, Lords Justices during his
Majesty's pleasure, or until the Lord Deputy should regain
his health. This patent was dated May 16, but still one
more matter was needed to give it validity — the Great
Seal must be affixed, and this was in the possession of the
Lord Chancellor. Could he be induced to seal it ? They
resolved to try, and, on the morning of the 17th, a sum-
mons, as from the Lord Deputy, brought the Chancellor
to Chapelizod. Here the confederates were assembled,
and placed the patent, ready for completion, before the
cautious Lord Chancellor. He knew his men and their
object, and refused to yield to their request without ex-
press directions from the Lord Deputy, whom he desired
to see. This they dare not refuse ; but the dying man,
possibly bethought him of the harsh conduct he pursued
towards the Chancellor, for he was supposed to have been
privy to the fabrication of the charges made in Parlia-
ment, and wasted by sickness was indisposed to any exer-
tion. What the Chancellor foresaw took place. The
interview was declined ; and Sir Charles Porter peremp-
torily refused to affix the Great Seal to the patent, with-
out the express authority of the Lord Deputy.
A meeting of the chief Judges, the Attorney and Soli-
citor General, and some of the Council was held at
Chapelizod, to consider what action should be taken in the
matter, but the Chancellor was immovable, and in a few
days the Lord Deputy was no more.1
1 Dublin University Magazine, vol. xlvi. p. 737.
LIFE OF LORD CHANCELLOR PORTER. 459
The Lord-Lieutenant died, May 30, 1696, and on the CHAP.
XXIX
assembling of Parliament, on Saturday, June 27, Sir John ..
Hely, Knight, Lord Chief Justice of the Common Pleas,
acquainted the Lords that the Lord Chancellor, late named
Speaker of the House of Lords, being advanced to the justice.
high station of Lord Justice, and General Governor of the
Kingdom, his Majesty named him Sir John Hely, by com- Chief
mission, Speaker of the Lords. He was ordered to have
liberty to go circuit without the mace, and, on the motion Speaker
of Lord Charlemont, it was ordered that this House, with Lords.
its Speaker, do attend his Excellency Sir Charles Porter, Congratu-
Knight, Lord Justice and General Governor of Ireland, at sir Charles
three of the clock this afternoon, and congratulate him on P°rter-
his late happy accession to the Government of this king-
dom.1 He does not appear to have remained long Chief
Governor, for he died suddenly of a fit of apoplexy, when Sudden
left alone in his house in Dublin, on June 15, 1697. He was the Lord
succeeded by JOHN METHUEN, Esq., as Lord Chancellor of Chan-
J i ' eel lor.
Ireland. His death was lamented by King William III. Regret of
Sir Robert Southwell thus mentions the King's opinion of
the late Lord Chancellor when writing to Sir Richard III.
Cox : — ' His Majesty is sorry for the loss of a good Chan-
cellor ; and thinks the root of all the animosity against
him was for little else than his supporting the Articles of
Limerick ; so that it looks probable his Majesty will have
good thoughts of those who, on this account, proved his
friends.'
Sir Richard Cox wrote a poem on the Chancellor's
death, but I have not been able to find any trace of it.
William Molyneaux, Member for the University of Dublin, Moly-
published his celebrated work, ' The Case of Ireland being
bound by Acts of Parliament in England Stated.' He Ireland
contended that by a declaratory Irish Statute of 29 Henry
VI., the re-enactment of Acts passed in England was
necessary to give them force in Ireland. This work,
printed in 1698, was considered to prove the constitu-
tional independence of Ireland, and was regarded as of
1 Lords' Journals, vol. i. p. 588.
460 REIGN OF WILLIAM AND MARY.
CHAP, dangerous tendency to the Crown and Parliament of Eng-
XXIX
^_1 \ ' L* land. The House of Commons at Westminster appointed
a committee to examine the work. Upon the report, the
House, in a body, presented an address to William III.,
representing the dangerous attempts of some of his sub-
jects in Ireland to shake off the subjection and depen-
dence upon England ; manifested not only from the bold
and pernicious assertions in the book called ' The Case of
Ireland,' but more fully and authentically by votes and
proceedings in the Commons of Ireland. These had,
during their last Session, transmitted an Act for the
better security of his Majesty's person and Government,
whereby an English Act of Parliament was pretended to
be re-enacted, with alterations obligatory on the Courts of
Justice, and the Great Seal of England. The English
Commons, therefore, besought his Majesty to give effec-
tual orders for preventing any such encroachments for the
future by punishing those who were guilty ; that he would
take care to see the laws which direct and restrain the
Parliament of Ireland punctually observed, and discourage
every thing which might have a tendency to lessen the
dependence of Ireland upon England.
This remonstrance was graciously received, and the
King promised compliance.1 Mr. Whiteside pleasantly
comments upon these proceedings : — ' The ponderous
foxhunters of the Lower House were indignant with a
treatise they could not answer ; and, finding the case of
Ireland well stated they ordered the essay to be burned
by the hands of the common hangman ! A severer punish-
ment awaits certain pamphleteers of the present day;
their essays are not burned, but they are never read.' 2
1 Smollet's History of England, vol. i. p. 317.
2 Life and Death of the Irish Parliament, part I. p. 66.
LOED GAWSWORTH, LOKD CIIANCELLOE. 461
CHAPTER XXX.
•
LIFE OF LORD CHANCELLOR SIR ALEXANDER FITTON, LORD GAWSWORTH.
SOME men have a reputation so blackened by odious impu- CHAP.
x\\
tations as to require no small amount of courage to refer to - " \' '
them. Men whose career is described as a constant mount- Odl™s rt"
putation
ing up the ladder of vice — whose perverse nature defied of Sir
the cultivation of a single seed of virtue. Sir Alexander
Fitton was one of these scapegoats. Successive historians
have piled such misdeeds upon him, that it almost deters
me from attempting to see if the fiend is really as black
as he is painted; but with patience and perseverance I
have satisfied myself that party prejudice originated or
embellished most of the original accusations ; and a want
of care, or possibly unwillingness to discover the real facts,
caused later writers to assume the truth of the previous Effects of
statement. I may not be able to remove the stains alto- pa-rt?
spirit.
gether. When a reputation has been rotting under repul-
sive reproaches for two centuries, the task of clearing
away the crust is no light one ; but I think I shall prove
that religious and political animosity supplied the darker
tints with which King James's Chancellor has hitherto
been coloured.
Hume in his History of England ' thus refers to him : —
' But what afforded the most alarming prospect was the Hume's
countenance and increase of the violent and precipitate accounU
conduct of affairs in Ireland. Tyrconnel was now vested
with full authority ; and carried over with him as Chan-
cellor, one Fitton, a man who was taken from a gaol, and
who had been convicted of forgery and other crimes, but
who compensated for all his enormities by his headlong
1 Vol. x. p. 41.
4G2
SIR ALEXANDER FITTON.
CHAP.
XXX.
Lord
Macau lay
exceeds
Hume.
Arch-
bishop
King.
zeal for the Catholic religion. He was even heard to say
from the bench, that the Protestants were all rogues, and
that there was not one among forty thousand that was
not a traitor, a rebel, and a villain.'
Macaulay, who evidently adopts Hume's description,
tries to blacken the character of the Irish Chancellor yet
more.1 'A pettifogger, named Alexander Fitton, who had
been detected in forgery, who had been fined for miscon-
duct by the House of Lords at Westminster, who had been
many years in prison, and who was equally deficient in
legal knowledge and in the natural good sense and acute -
ness by which the want of legal knowledge has sometimes
been supplied, was Lord Chancellor. His single merit
was that he had apostatised from the Protestant religion ;
and this merit was thought sufficient to work out even the
stain of his Saxon extraction. He soon proved himself
worthy of the confidence of his patrons. On the bench of
justice he declared that there was not one heretic in forty
thousand who was not a villain. He often, after hearing
a cause in which the interests of his Church were con-
cerned, postponed his decision, for the purpose, as he
avowed, of consulting his spiritual director — a Spanish
priest.' 2
Hume's account is obviously taken from Archbishop
King's ' State of the Protestants of Ireland during King
James's Government,' and this work is expressly quoted
by Macaulay. It is only necessary to state that the writer
was Dr. William King, Protestant Archbishop of Dublin
in 1689, distinguished for his hatred of Catholicity, and
thoroughly convinced he was doing a meritorious act in
vilifying the men and measures by which King James
sought to restore the people of Ireland to their natural
position in their native land. As Hume called the Chan-
cellor, ' One Fitton,9 I infer he considered him of mean
and unknown family ; and as Macaulay designates him
a pettifogger — which means a petty, small-rate lawyer —
and both would have their readers believe he himself had
1 Macaulay's History of England, vol. iii. p. 129. 2 Ibid. p. 130.
LORD GAWSWORTH, LORD CHANCELLOR. 463
been a -forger, and convicted of crimes and misdemeanours CHAP.
xxx
entitling him to a place in the Newgate Calendar, I ^J \" '_*
think it but just to give a detailed account of his family,
and the strange events which led to his actual imprison-
ment, whereby it will be seen that the 'pettifogger,' * One
Fitton,' was lineally descended from one of the most aris-
tocratic county families in Cheshire ; and there is some
doubt whether he was chargeable with the guilt which
has been so unsparingly imputed to him. Sir Alexander
Fitton, Lord Gaws worth, was descended from the ancient
family of Fitton, of Gawsworth, who had been settled in
Chester since the time of Richard II. By an inquisition
in that King's reign, * Thomas Fitton, of Gawsworth, was Family of
found to hold in his desmesne, as of fee, the manor and Flttolu
advowson of Gawsworth, in socage, without any service,
value per annum, 201. ; also a forestship in Macclesfield ;
and lands in Pownall, JSTorcliffe, Chorleagh, and Lythe —
juxta Honbridge ; and, by courtesy, in right of his wife,
Margaret Leigh, half the manor of Betchton, and lands
in Lostock Graham.'
The Fittons were a knightly race ; during the reigns of
several monarchs they took no small share in the affairs
of State. In the reign of Queen Elizabeth, Sir Edward Connection
Fitton, of Gawsworth, Knight, was sent into Ireland by ,witj Ire"
3 J land.
the Queen to serve as first Lord President of the Province
of Connaught ; and landed in this kingdom on Ascension-
day, 1569. He continued Lord President of the Council
for the province of Connaught until March, 1572, when
he returned to England ; but fiis services were again
O -' O
needed in Ireland, and he returned the following March
as Treasurer and Keceiver- General of the Kingdom. He
died in Ireland, leaving no less than fifteen children ; and
his eldest son, also named Sir Edward, became Lord Pre-
sident of Munster. Edward appears to have been a family
name, for I find no less than four Sir Edward's in succes-
sion. The family was advanced in dignity in 1617, a Baronet,
baronetcy being conferred upon Sir Edward Fitton, whose 1617>
son took the King's side in the war of the Commonwealth,
464
SIR ALEXANDER FITTOX.
CHAP.
XXX.
Ancient
seat of
Gaws-
•wurth.
Modern
Hall.
and died shortly after the taking of Bristol in A.D. 1643.
The old hall of Gawsworth, near the village of that name,
lies about three miles south-west of Macclesfield, on the
road to Creighton, immediately west of the church, and
consisted of three sides of a quadrangle, built of timber
and plaster, low on two sides, but higher on the south,
where there appears to have been a gallery at the top.
There are traces of beauty in the grounds. On the side
nearest to the church, a long and lofty terrace stretched a
considerable distance, affording extensive prospects, ter-
minating in a platform hollowed in the centre, where, it is
related, the Fittons used to exercise themselves in wrest-
ling and other athletic sports. There may be also traced
deserted pleasure grounds, and large old-fashioned fish-
ponds, so overgrown with sedge and reeds as no longer
to reflect the venerable and luxuriant trees growing
around.
In the modern hall of Gawsworth, belonging to Lord
Harrington, hangs a portrait of Francis Fitton, with the
arms of Fitton and Neville in a lozenge under an Earl's
coronet. The edge of the frame bears the following in-
scription : — ' Francis Fyton married w1 Katherine Couiitis
of Northu'br. dowger, 3° 1588, eldest of the doughters
and co-heiress of Joh' Neville, Kl. lord Latymer, being
thyrd sone of Edw. Fyton, of Gawsworth, Kl (who married
Mary ye younger dough ter and co-heir of Sir Virgitt Har-
butell in Northu'br., Kn. and Elenor, her elder sister,
maried w* S*. Tho. Percy, Kn. afterwards ataynted, being
father by her to Tho. and Henry Percy, Knts., and both in
their tyrns earls of Northu'br. and restored by Queen
Mary), brother to Edward Fyton, Kn. Lord President of
Connaught, and threserer of Ireland, and sone and heir
to the aforesayd Edward, which threserer and his wife
dicessed in Irelande, and lye boathe buried in St. Patric's
Church in Dublin.'
Over the entrance door to the old hall is carved the
coat of arms of Fitton, with sixteen quartering^, a good
proof of the alliances of this ancient family. The motto
LORD GAWSWORTH, LORD CHANCELLOR. 405
iii a garter alludes to the names, FIT ONVS LEVE. Beiieatk CHAP.
xxx
is inscribed : — v_I 1_-
Hrec sculptura facta fuit apucl
villam Calvise in Hibernia per
Richardum Rany, Edwardo Fyton
militi primo d'no president! totius
provinciae Conatise et Thomonise
anno D'ui 1570.
In the grounds is a monument to Mr. Samuel Johnson, Mr.Samuel
author of a play which had a long run at a London Theatre, epitaph" S
The various accomplishments of Samuel Johnson are re-
corded on his monument : —
Stay thou -whom chance directs or ease persuades,
To seek the quiet of these sylvan shades,
Here undisturbed, and hid from vulgar eyes,
A wit, musician, poet, player lies,
A dancing-master, too, in grace he shone,
And all the arts of op'ra were his own ;
In comedy well-skilled, he drew Lord Flame,
Acted the part, and gained himself the name;
Averse to strife, how oft he'd gravely say
These peaceful groves should shade his breathless clay
That when he rose again, laid here alone,
No friend and he should quarrel for a bone ;
Thinking that were some old lame gossip nigh,
She possibly might take his leg or thigh.1
In the church, a picturesque building of fine architec- The
ture, grey with creeping lichens and sheltered by ma- Cuurch>
jestic trees, are various tombs recording the fame of the
Fittons, of Gawsworth.
Alexander Fitton, the subject of this memoir, was son Parents of
and heir of William Fitton, of Aronee, in Ireland, and Eva,
daughter of Sir Edward Trevor of Brinkynalt. This
William Fitton was next male kinsman to the possessor
of Gawsworth, Sir Edward Fitton, who, in 1641, resolved
to restore the ancient entail of the Ga/wsworth estates,
and settled the same by indenture, dated November 9, 17
Car., on William Fitton, with remainder to his sons.
This is said to have been confirmed by deed poll, dated
April 3, 18 Car., executed by Sir Edward Fitton.
1 Ormerod's Cheshire, vol. iii. p. 294.
VOL. I. H H
466
SIE ALEXANDER FITTON.
CHAP.
XXX.
Legal pro-
ceedings
on the
d.'uth of
Sir E.
Fittun.
Marriage
of Alex-
ander
Fitton.
Lord
Brandon's
claim.
of
SirE.
Fitton.
Litigation.
Allegation
of for.ery.
Issue
dirtvu-d.
Sir Edward died at Bristol in 1643. Lady Fitton, his
widow, held Gawsworth for her jointure, and the sisters
of Sir Edward having entered into occupation of some of
the estates, William Fitton took legal proceedings against
them and recovered possession. On the death of Lady
Fitton he became possessed of Gawsworth. Alexander
became a law-student of the Inner Temple in 1655, and
was called to the bar, 12th May, 1662. He married the
daughter of Mr. Jolliffe, of Cofton, county of Worcester,
with whom I presume he had a fortune, for, shortly after,
the sum of money for which the Fitton estates were
mortgaged was paid off, and Mr. Fitton became possessed
of the whole.
Charles Gerard, Lord Brandon, claimed these estates in
right of his mother, who was sister to the late Sir Edward
o •*
Fitton, though it was stated that Sir Edward, when im-
portuned to leave her his estates, replied, ' he would rather
settle his estate upon Ned Fitton, the bonny beggar l (a
man who kept beggars from his gates) than any of his
sister's children.' After many bickerings and personal
quarrels between Lord Brandon and Alexander Fitton,
a will was brought forward, nineteen years after Sir
Edward's death, giving the estates to Lord Brandon.
Then the case occupied the Courts of Law and Equity.
Alexander Fitton relied upon the deeds — the settlement
and confirmation ; the Gerard party contended the later
deed was not genuine. Alexander Fitton insisted that it
was, and in his opinion, and in that of his Counsel learned
in the law, the confirmation by deed poll put it out of Sir
Edward's power to make a will, even if that produced was
genuine, but he denied its authenticity. A commission
then issued to try this, under which the signature to the
deed poll was proved to have been subscribed by Sir
Edward at Congleton, after which Dobson, Lord Bran-
don's solicitor said, ' one Abraham Granger (then a
prisoner in the gate-house) had confessed he forged Sir
Edward's name to the deed.' An issue was directed by
1 Eomiy or bony beggar — a provincial term for a parish beadle.
LORD GAWSWOETH, LORD CHANCELLOR. 467
the Court of Chancery to try the genuineness of this deed, CHAP.
XXX
and its validity was sworn to by Mr. Richard Davenport, .J \" ' ^
Mr. Edward Barwick, and the dying deposition of Mr.
Thomas Smallwood. To meet which, and sustain the
allegation of forgery, was the evidence of Granger, Gifford,
Wheeler, Colonel Ralph Ashton, Captain Holland, and
others, some of whom stated they heard Mr. Fitton con-
fess that Granger had forged a deed for him, for which
he had 40/. It was also urged as a proof of fabrication,
that Mr. Fitton could not prove when he had this deed,
or who engrossed it, or that it had not been mentioned
at the former trials, or at Mr. Fitton's marriage, nor
could the witnesses then remember when it was exe-
cuted. The jury found against the deed. Findin
The Gerard party are stated to have acted in a very against
riotous manner after their victory. Process was sued out
of the Crown office against the witnesses for the deed,
commanding them to appear in the King's Bench, to
answer the information of perjury, and Barwick was com- Fitton's
mitted to Macclesfield prison.
Then Granger, conscience-stricken, declared his prevari-
cation in a written document, stating that he had not forged decl*res
~ the deed
the deed ; that this document was signed in the presence of valid.
tAvelve or thirteen gentlemen.1 It appears that, after this
statement of the due attestation of this document had come
to the ears of Lord Brandon, the House of Lords regard- Hounc of
ing it, probably, as an imputation upon the noble Lord, L"rds
interferes.
censured Mr. Fitton and those of the witnesses in the
manner following : viz. ' They ordered that Alexander Alexander
Fitton should be fined 500Z., and committed to the King's Jifct?n
fined and
Bench prison, until he should produce Granger, and find impri-
sureties for good behaviour during life, and the witnesses '
were committed to the Fleet during the King's pleasure,
and before enlargement, to find sureties,' &c.2 Ormerod, in Ormerod's
his valuable history of the County of Cheshire, observes : °bserva-
' It is not improbable that Alexander Fitton, who, in
the first instance, gained rightful possession under an
1 Ormorod's Cheshire, vol. iii. p. 259.
H n 2
468 SIR ALEXANDER FITTON.
CHAP, acknowledged settlement, was driven headlong into unpre-
^__ XT 1^ meditated guilt by the production of a revocation by will,
which Lord Brandon had so long concealed. Having lost
his own fortune in the prosecution of his claims, he re-
mained in gaol until taken out by James II. to be made
Chancellor of Ireland, when he was knighted, and subse-
quently created Lord Gawsworth after the abdication of
James II.'
This is the fabric upon which the alleged guilt of Sir
Alexander Fitton is based.
I have now to deal writh his conduct as Lord Chancellor
in Ireland. When Lord Tyrconnel was appointed Lord
Lieutenant in February, 1686, he was accompanied thither
by Sir Alexander Fitton. The Lord Chancellor had mar-
ried Anne (daughter of Thomas Joliffe, of Worcestershire)
who died in the following year and was buried in St.
Patrick's Cathedral, Dublin, under the monument of her
husband's ancestor, Sir Edward Fytton, there erected.1
Fitton, Sir Alexander was created Chancellor of Ireland A.D.
ce'llor of 1687, and raised to the peerage by the title of Baron
Ireland, Gawsworth, to him and his heirs male for ever.2 As to
Baron his special qualities for the office, I am not able to vouch.
He certainly had opportunities of observing the procedure
of many of the Courts in the protracted litigation con-
nected with his property, but of the extent to which he
profited history is silent. Very able men practised in the
No ex- Irish Court of Chancery at that time ; and I think the
dissatis- absence of any expression of dissatisfaction from the Irish
faction Bar, or the Irish Bench, affords some grounds to believe he
from the
Bench or was not incompetent for the high office to which the favour
of his Sovereign, if not his own merits, had raised him.
Archbishop King would have taken good care to inform us
had any meetings of the Bar been held, and resolutions
passed, that they would not practise before the new Chan-
A prece- cellor. A precedent for this course was not wanting, the
dent for English Bar did so in the case of Sir Christopher Hatton,3
Funeral entry in Bermingham To\ver.
D' Alton's King James's Irish Army List, p. 869.
* Lord Campbell's Lives of the Lord Chancellors of England, vol. ii. p. 147.
LOED GAWSWORTH, LOUD CHANCELLOR. 469
but nothing of the kind is stated in the case of Lord Chan- CHAP.
XXX
cellor Fitton. The Irish Judges were men of high honour -J V L..
and professional skill, and, though holding office during
pleasure, they would assuredly have in some way mani-
fested disapprobation of him had they considered the
Bench degraded by the presence of a criminal pettifogger ;
but they did not. There were able men at the Irish Bar,
as we have seen ; and the business must have been con-
siderable when Mr. Nagle's fees alone exceeded the salary
of the Chief Justice. Neither have complaints of suitors No com-
been recorded in the pages of any contemporary, and we f^^the
know from experience how glibly they would assert ' that suitors.
no sane man entered the Lord Chancellor's Court as a
litigant without being prepared to appeal from his de-
cision ; ' that ' all costs incurred, all the time wasted in
obtaining his decree might as well be bestowed on a
judgment by " head or tails." That ' in his Court no one
felt sure what the Chancellor would do, as the decision
of one day would be different the next.' True, indeed,
Archbishop King says, i the Lord Chancellor could not ^^
understand the merits of any difficult cause, and, there- I"?110?,
-...,. King the
fore, never failed to give sentence according to his inch- chief com-
nation, having no other rule to guide him ; ' and he Plamer-
instances cases in which the Chancellor refused the
guardianship of a child to a Protestant mother, but gave
it to the Popish relatives, by which it is perfectly plain
the father was a Catholic, and, as such, no doubt desired
the child should be brought up in his own religion, which
the Archbishop looked on as ' against the positive words
of law.' He also complains that the Chancellor overruled
both the practice of the Courts and the laws of the land,
declaring in open Court ' that no law could bind his con-
science, that the Chancery was above all laws.'1 Dr.
1 This was the universally adopted notion of Chancellors at this time.
Lord Campbell praises Lord Nottingham for differing from the general practice.
'His' (Lord Nottingham's) 'great object continued to be, to redeem equity
from the disgrace of being supposed to depend upon the individual opinion or
caprice of the Lord Chancellor.' — Lord Campbell's Lives of the Lord Chan-
cellors of England, vol. iii. p. 417.
470
SIR ALEXANDER FITTON.
CHAP.
XXX.
Duhigg's
character
of Dr.
King also states, ' that after hearing a cause between a
Protestant and a Papist, before he gave a decree he
would have the opinion of a Popish priest — his chaplain,
educated in Spain, and furnished with distinctions to
satisfy his conscience how far he should do justice to the
Protestants.' This was the learned and loyal Dr. Stafford,
who was an eminent Doctor of the Civil Law, a Master in
Chancery, who has been thus highly praised by the histo-
rian of the King's Inns — Mr. Duhigg, Assistant Barrister
for the County of Wexford and Librarian to the Honourable
Society of King's Inns : — ' On November 15, 1687, a Chap-
lain of ancient family and unexceptionable personal cha-
racter was elected (Chaplain to the King's Inns) by the
ruling party; he was also a learned divine and distinguished
doctor of both laws. The Government and country showed
an equal discernment by suitable promotions. A Master-
ship ir Chancery, the Deanery of Christchurch, and a
seat in Parliament were his rewards. On February 5 fol-
lowing, Doctor Stafford was invited to the Bench table, and
it was ordered that chambers should be provided for him.' l
The career of this learned individual showed with
what ardour the adherents of the House of Stuart upheld
the fortunes of that unlucky race. When the country
was the scene of war, and the tide of battle rolled furiously
on, the Reverend Dr. Stafford became Chaplain to the
Royal Regiment of Foot, and followed the standard of
James to the field of Aughrim. He was zealous and
intrepid. He roused the drooping hearts of the Irish,
and cheered the courage of the troops. Armed with the
symbol of man's redemption, he passed from rank to
rank, amid the shock of battle, and exhorted the forces
of James to strive boldly for their native land, their re-
ligion, and the property of which they were despoiled.
A ball struck the gallant Master in Chancery, and next
to the fall of St. Ruth was the loss sustained in the death
of the brave Chaplain of the King's Inns.2
Duh'gg's King's Inns, p. 232.
Ibid.
LORD GAWSWORTH, LORD CHANCELLOR. 471
Sir Theobald Butler was one of the most eminent CHAP.
leaders of the Irish Bar at this period. An anecdote is ^.1rLL^
related of him which shows his partiality for the bottle ^^ote
and almost identifies him with Theobald
Butler.
Sir Toby Fillpot, as thirsty a soul,
As e'er cracked a bottle or plenished a bowl,
When boosing at night 'twas his pride to excel,
And amongst jolly topers he bore off the bell.
Whatever excuse might be offered for * boosing at night,'
there can be none for boosing in the morning, and this,
as the story goes, Sir Toby occasionally did. A very
heavy argument coming on before Lord Chancellor Eitton,
Mr. Nagle, the solicitor for Sir Toby's client, entered into
a stipulation with that eminent Counsel, that ' he would
not drink a drop of wine while the cause was at hearing.'
Sir Toby pledged his honour to observe the compact. The
learned counsel acquitted himself, as he usually did, most
creditably, and the bargain reached the ears of the Lord
Chancellor. One day when alone with Sir Theobald, he
asked ' if it was true ? ' ' Perfectly true, my Lord, I did
not drink a drop of wine.' A pecular emphasis on the
word drink made the Lord Chancellor suspect there was
more than met the ear, so he insinuated ' that Sir Theo-
bald practised a ruse upon the unsuspecting solicitor.'
' Well, as your Lordship has guessed right, I'll tell you
what I did,' answered the wily Sir Theobald ; ' my promise
was, not to drink a drop of wine, but as I required some
stimulant for a speech, as you know, of four hours, I pro-
cured a basin into which I poured two bottles of claret, I
then got two hot rolls of bread, sopped them in the claret,
and ate. them.' ' I see,' replied the Chancellor laughing,
' in truth, Sir Theobald, you deserve to be Master of the
Eolls.'
It is said that James II. employed his Irish Judges in Tlip potato
diplomatic missions, and in England they were received sadore!"
with derision, and nicknamed * The Potato Ambassadors.'
Of the Chief Judges who, at this period, presided in the jr;sh Chief
Irish Courts of Justice, we have a good account. In JllMl"'s
472
SIR ALEXANDER FITTON.
CHAP.
XXX.
Their ac-
quiescence
of i he
Chan-
cellor.
Election
of Irish
Konvm
Catholics.
these judicial decisions no authenticated act of cruelty
or corruption remains on record. The three powerful
Judges, Nugent, Lord Riverstown, Rice, and Daly, re-
mained within the kingdom, in possession of large pro-
perties, and, armed in conscious innocence, set their
personal or political enemies at defiance. Two of the
Judges were Protestants, who had survived the revolu-
tion— even one of them was continued in office by King
William. But the great ornament of the Irish Bench
at this time was John Keating, Chief Justice of the Com-
mon Pleas ; a great magistrate who, in a slippery or
stormy period, exercised official station with mild man-
ners and untainted integrity. This great man was calm,
patient, and humane in the trial of prisoners ; clear, labo-
rious, and consistent in the discussion of civil suits ;
faithful to his King and country in the indulgence of po-
litical principle, and attached to God in the exercise of
Christianity. Thus persecuting Protestants charged him
with being a concealed Papist, whilst furious Roman
Catholics were confounded at his firm attachment to the
established religion. Connected with no party and dig-
nifying office by despising its tenure, he equally resisted
the interested views of Clarendon and Tyrconnel. Is it
not certain some protest would have been made by these
eminent Judges, had Sir Alexander Fitton been, in truth,
the unworthy person whom Protestant historians have
described ?
Great allowance must be made for the violence of poli-
tical writers during this and the succeeding reigns. That
the Irish Roman Catholics, plundered and oppressed in
the previous century, despoiled of their properties during
the time of Cromwell, and looking on the Act of Settle-
ment as obtained by fraud, and a base return for the
sacrifices they had made towards the Restoration of the
Stuart dynasty, should look on James II. as their De-
liverer from the bondage in which they were kept was
natural. They expected to be placed in those situations
of power and emolument from which they had been de-
LOED GAAVSWORTH, LORD CHANCELLOR. 473
barred by the Act of Queen Elizabeth, which directed CHAP.
. XXX
( that all civil and military officials, lay and clerical, ^_^.l— '
should take the Oath of Supremacy.' James II., who was
an avowed Roman Catholic, was desirous of showing how
much he felt the sufferings of the Irish on account of their
~
constancy to the creed of their forefathers.
Roman Catholics were commissioned to the army, to Their Pr°-
the Bench — Catholic gentlemen were named High Sheriffs i,jgh
in counties ; the Corporations, hitherto exclusively Pro- '
testant, were now almost as exclusively Catholic, and the
local magistracy, who so lately scorned to allow a Papist
to set beside them, found, to their dismay, they were out-
numbered by the members of the hated creed. No wonder
alarm and dismay fell upon the whole Protestant popula-
tion of Ireland. They, who had been accustomed to look
upon the Papists as the helots of the land, only fit to be
hewers of wood or drawers of water, now found all those
high offices and places of dignity, which had been heir-
looms in Protestant hands, were grasped greedily, and
clutched firmly by the favourites of the Court. What if
the children of the Roman Catholic nobility and gentry,
plundered by the Croniwellian Settlement, should have
their exile in Connaught ended, or return from abroad,
and demand their Restoration ! Could the Act of Set- Humours
tlement be repealed? It was stated that when King tc-mion to
James II. sent Lord Clarendon to Ireland in 1685, the "'Peal 'h*
Act ot feet-
Viceroy declared that the King would preserve the Acts tlement.
of Settlement and Explanation, and the Lord Lieutenant
instructed the Judges to declare this as the Magna Charta
of Ireland. Would this be adhered to? Soon it was
found it would not. The first intimation of an intention
to break this law was a letter written by Sir Richard
Nagle, Attorney-General for Ireland, one of the most
eminent lawyers of the day, who, whilst in England,
pointed out inaccuracies and imperfections in those Acts,
and their great injustice. This was termed the Coventry
Letter. Then, when the Earl of Tyrconnel, was appointed
Lord Lieutenant, on his Proclamation, issued February 21,
474
SIE ALEXANDEE FITTON.
CHAP.
XXX.
Effect upon
the Pro-
testants of
Ireland.
Royal
of James
II.
1686, lie promised to defend the laws, liberties, and
established religion, but upon debate at the Privy Council,
the Acts of Settlement and Explanation were omitted,
and Tyrconnel so wrought upon the mind of the King,
that he consented to the repeal of the Acts.
This was a blow at the whole Protestant landowners
of the kingdom, and had its irresistible consequence. It
alienated the affections of the entire Protestant popula-
tion from the King and his Government, and before the
faithless monarch fled from England, the Ulster nobles
and gentry were preparing for civil war.
James II. quitted England on December 23, 1688, and
sought shelter at the Court of Louis XIV., who, in com-
passion to his fallen state, and hoping by his means to
check the increasing power of his adversary, William of
Nassau, offered him a French army to assert his rights.
Among the few magnanimous deeds or words related of
the fugitive King is his reply to this offer : ' No Sire, I
will recover my dominions by the aid of my OAVII subjects,
or perish in the attempt.' He was soon at the head
of such Irish troops as were in the service of France,
numbering about 1,200, and with a strong armament
sailed for Ireland from Brest.
The progress of King James II., from his landing at
Kin sale to his triumphal entry into Dublin, is little
known. I am, therefore, induced to describe it here. On
his landing, March 12, 1688-9, he was welcomed with
shouts and acclamations, bonfires blazed, and windows
gleamed with light. He proceeded next day to Cork, and
remained at Major- General MacCarthys, where he was
joined by Lord Tyrconnel. He continued at Cork from
March 13 to 20, during which time the city kept high
festival in his honour. On Wednesday, March 20, he
took his departure from Cork for Dublin, and lay that night
at the Earl of Cork's Castle at Lismore. It was on this
occasion his royal nerves were shaken by being suddenly
asked to look from the window of the tower which over-
hangs the Blackwater, and he started back in affright on
LORD GAWSWORTH, LORD CHANCELLOR. 475
seeing the sheer depth of the rock on which the Castle is CHAP.
xxx
built.1 From Lismore he made the next day's journey to ^Ll^-L^
Clonmell. On Friday he rested at the Duke of Ormond's
Castle at Kilkenny, and on Saturday made a short visit
en passant to Sir Maurice Eustace's fine seat of Harris-
town, near Kilculleii Bridge. All along his Majesty's
route was one continuous demonstration of loyalty.2
On Saturday, March 24, about noon, he entered the Arrival in
Irish metropolis. The streets, from James's Gate to the
Castle, were lined by the regular troops, and, at the
entrance to this portion of the city, called the Liberties,
there was a stage, hung with tapestry, whereon were two
harpers playing. Here a number of Roman Catholic
ecclesiastics, in their vestments, met the King, and
forty young ladies, clothed in white, preceded him to the His recep-
Castle, scattering flowers upon his path. The houses
along the streets through which the Royal progress lay,
displayed great demonstrations of loyalty. Banners waved
from roofs and parapets, tapestry fluttered in the breeze,
and even the humblest dwelling showed a desire to wel-
come the Catholic King. At the bounds of the city, the
Lord Mayor and Corporation, with the officers of various
guilds, in their robes ; Ulster King of Arms, with the
heralds and pursuivants, in tabards and uniforms, swelled
the cortege. Having received the Sword of State, his Ma-
jesty handed it to Lord Tyrcoiinel, who bore it before the
King through the city. The Lord Mayor also presented
the City Sword and Keys, and the Recorder of Dublin,
Prime Serjeant Dillon, read the Address of the Corpora-
tion. A line of coaches- and-six, belonging to the Irish
* o o
nobility, was followed by a guard of honour, numbering
two hundred Irish cavalry; then followed the Grand
Prior, Fitz James the Duke of Berwick's brother, the State
trumpets and drums, with twenty gent] emen-at-large. The
1 O'Flanagan's Guide to the Blackwater in Munster, p. 50.
• At Carlow he received the same tender demonstrations his grandson
' arles Edward did in Scotland, in '45, when the Jacobite ladies contended
i- his kisses.— Vide Dublin Magazine, p. 106, 1843.
476
SIR ALEXANDER FITTON.
CHAP.
XXX.
Appear-
ance and
dress of
the King.
Startling
incident.
Tune
played.
The
Roman
Catholic
Primate
and
Bishop.
Te Deum.
Proclama-
tion lor a.
Parlia-
ment.
Number
of Lords
and Com-
mons.
King, preceded by Lord Tyrconnel, bearing the Sword
of State, rode a spirited charger ; lie wore a suit of plain
cinnamon-coloured cloth, and a black slouching hat ; a
George being over his shoulder, with a blue ribbon. He
was escorted by the Duke of Berwick, Lord Granard,
Lords Powis and Melford on his right, with their hats on.
Close behind rode a troop of dragoons ; then a number of
Peers and gentlemen, more guards and attendants ; then
coaches of Peers and gentlemen, amongst them the Judges,
who wore their robes, closed the procession.
A startling incident occurred while the King was riding
along in this order. One Flemming, a Scotchman, rushed
through the crowd in Skinner's Row, flung his hat high
in the air, and cried aloud, ' Let the King live for ever ! '
Then catching his Majesty's hand, fervently kissed it, and
ran capering after his hat.1 As the procession proceeded,
the favourite tune played was ' The King enjoys his own
again,' and the shout, ' God save the King ! ' was not dis-
turbed by a dissentient voice. As he approached the
Castle, the Roman Catholic Primate, and several other
bishops, and members of various religious orders, met
him. The first act of the King, on dismounting, was to
kneel and receive the blessing from the Roman Catholic
Primate.
Thus, in triumph and splendour, James II. entered
Dublin. When he rested a brief space, he repaired to
the Castle Chapel, where a Te Deum was sung for his
happy arrival. Then a grand banquet followed in the
new banqueting hall, which Tyrcounel had built.
Next day, a proclamation issued for assembling a Parlia-
ment in Dublin on May 7. No Catholic Bishops were sum-
moned, though among the Spiritual Peers were six Pro-
testant Bishops, including the Primate of the Protestant
Church. One Duke, ten Earls, sixteen Yiscounts, and twenty-
one Barons, with the six Bishops, constituted King James's
House of Lords. The Commons returned 224 2 Members.
1 Dublin Magazine, p. 100, 1843.
2 Vide The Irish Parliament of 1G89. Dublin Magazine, p. 113, 1843.
LORD GAWSWORTH, LORD CHANCELLOR. 477
They met at the King's Inns, on May 7, and the King CHAP.
opened Parliament in person. He wore his Royal robes ^J_lrl_l^
with the Crown. The Commons being summoned, His
Majesty delivered the Speech from the throne r1-
' My Lords and Gentlemen, King's
' The exemplary loyalty which this nation hath ex- 8Peech-
pressed to me at a time when others of my subjects un-
dutifully misbehaved themselves to me, or so basely deserted
me ; and your seconding my Deputy as you did in his
firm and resolute asserting my right, in preserving this
kingdom for me, and putting it in a posture of defence,
made me resolve to come to you, and to venture my life
with you in defence of your liberties, and my own right.
And to my great satisfaction, I have not only found you
ready to serve me, but that your courage has equalled
your zeal. I have always been for Liberty of Conscience,
and against invading any man's property, having still in
my mind, that saying in Holy Writ, Do as you would be
done to, for that is the Law and the Prophets.
' It was this Liberty of Conscience I gave, ivhich my enemies
both abroad and at home dreaded; especially when they saw
iJiat I was resolved to have it established by law in all my
dominions, and made tliem set themselves up against me,
though for different reasons. Seeing that if I had once
settled it, my people (in the opinion of the one} would have
been too happy ; and I (in the opinion of Hie, other) too great.
* This Argument was made use of, to persuade their own
people to joyn with them, and too many of my subjects to
use me as they have done. But nothing shall ever per-
suade me to change my mind as to that ; and where-
soever I am the master, I design (God willing) to establish
it by law, and have no other test or distinction but that
of loyalty.
* I expect your concurrence in so Christian a work, and
in making laws against prophaneness and all sorts of
debauchery.
' I shall, also, most readily consent, to the making such
1 Vide the Irish Parliament of 1689. Dublin Magazine, p. 476, 1843.
478 SIR ALEXANDER FITTON.
CHAP, good and wholesome laws as may be for the general good
v__^_I_ of the nation, the improvement of trade, and the relieving
Reference of such as have been injured bj the late Acts of Settle-
Settlemeut ment'> as far forth as may be consistent with reason,
justice, and the publick good of my people. And as I
shall do niy part to make you happy and rich, I make no
doubt of your assistance, by enabling me to oppose the
unjust designs of my enemies, and to make this nation
flourish.
' And to encourage you the more to it, you know with
what ardour, generosity, and kindness, the Most Christian
King gave a secure retreat to the Queen, my son, and
Myself, when We were forced out of England, and came
to seek for protection and safety in his dominions ; how
he embraced my interest, and gave me such supplies of all
sorts as enabled me to come to you, which, without his
obliging assistance, I could not have done ; this he did, at
a time when he had so many and so considerable enemies
to deal with, and you see still continues to do so.
' I shall conclude as I have begun, and assure you I am
as sensible as you can desire, of the signal loyalty you
have expressed to me, and shall make it my chief study,
as it always has been, to make you and all my subjects
happy.' 1
At the conclusion of the King's Speech, the Lord
Chancellor, Lord Gawsworth, directed the Members of the
House of Commons to retire and elect their Speaker.
Sir Richard They obeyed and chose Sir Richard Nagle, with whose
abilities and character we are already familiar. I must
add a short notice of this ornament of the Irish Bar.
1 This speech corresponds with that given by Lesley, and James's own
memoirs. It is stated to be printed from an authentic manuscript, printed and
sold by E. Rider, Dublin, 1740. The Acts of this Parliament were printer1
and sold at his Majesty's printing house, Ormond Quay, and at the Colleg
Arms in Castle Street, 1689. Great pains were subsequently taken to destroy
thf- original editions of these Acts. They were burnt in the Castle Chamber
and 500/. penalty imposed on persons retaining copies. One only is said to be
in existence — the Act Tor raising 2(1, Odd/, a month, in the King's Inus Library
Vide the ' Statutes of 1689 ' in the Dublin Magazine, p. 29, 1843.
LORD GAWSWORTH, LORD CHANCELLOR. 479
Richard Nagle was born on the banks of the Munster CHAP.
Blackwater, and, it is said, the old Castle of Carrigna- ,_lI^L_
cunna (now the property of Mr. Foot) was the home of Afc^>l^n^
his childhood. King says he was educated among the Nagle.
Jesuits, and designed for a clergyman, but, afterwards,
studied law, and arrived at great perfection. We have
seen, in the ' Life of Sir Charles Porter,' that he declined
the honour of being a Privy Councillor rather than give
up his practice at the Bar, and Tyrconnel rightly con-
sidered him a proper person to advise the King upon the
aifairs of Ireland, when he brought him to England in
1686. Nagle's reputation was so justly high, that this
selection 011 the part of Tyrconnel was regarded with dis-
may by parties interested in maintaining the Act of Set-
tlement intact. It is recorded that ' on being informed
of Nagle's arrival in London, they were so transported
with rage, that they had him immediately sent out of the
city.' Upon this Nagle wrote his celebrated letter from
Coventry.1
In this letter, dated Coventry, October 26, 1786, he
shows the reasons which induced the passing of the Acts of
Settlement and Explanation, that it was for their religion
the estates of the Irish Catholics were sequestered, and
the hardship of allowing these Acts to remain unrepealed.
He was at once regarded as the ablest man of his party,
received the honour of knighthood, and was made At-
torney-General in 1687.2 Duhigg 3 bears the following
high testimony to his character. ' James's Attorney-
General, Sir Richard Nagle, dignified that situation by
exchanging its usual character for that of a stern, in-
flexible patriot. He carried measures similar to those of
1782, and thus paid homage to the excellence of English
law by transferring its full and complete enjoyment to his
1 The Irish Parliament of 1689. Dublin Magazine, p. 119, 1843.
2 The Nagles of Anakissy, near Mallow, County Cork, now represented by
my talented friend and kinsman, David A. Nagle, Kstj., Town Councillor (,f
Cork, is a branch of the family from which Sir Richard Nagle traced
8 History of the King's Inns, p. 236.
480
SIR ALEXANDER JjTTTON.
CHAP.
XXX.
countrymen.' On the arrival of James II. in 1688-9, Sir
Richard ISTagle was made Secretary of State, but this
could not have been for some time, as he was undoubtedly
Speaker of the House of Commons during the short
Session, commencing May 7, 1689, and ending on July
20, of the same eventful year.
As the proceedings of this Parliament were subse-
quently declared null and void, and the Acts passed were
burned and of no effect, it is only as historial events I
refer to them. They show how fully men of all creeds
and classes recognised James as their lawful Sovereign,
and how blindly attached were the Irish to a race which
so little deserved such devotion.
The Lords who sat in King James II. 's Irish Parliament
at Dublin, May 7, 1689 to November 12, were -
Peers who
Sir Alexander Fitton, Lord Baron
BISHOPS.
sat in King
James's
of Gawswortb, Lord Chancellor;
Dr. Michael Boyle, Lord Archbishop
A. Dopping, Bishop
T. Otway „
of Meath.
Ossory and
Parlia-
of Armagh, Primate of all Ireland;
Kilkenny.
ment.
Richard Talbot, Duke of Tyrcon-
E. Wetenhall „
Cork and
n el.
Ross.
EARLS.
S. Digby „
Limerick and
Nugent Earl of Westmeath.
Ardfert.
MacDonel „ Antrim.
Barry „ Barrymore.
BARONS.
Lambert „ Cavan.
Berminghani Baron
of Athenry.
MacCarthy „ Clancarty.
Courcy „
Kiusale.
Power „ Tyrone.
Fitz Maurice ,,
KeiTy.
Aungier „ Longford.
Fleming })
Slane.
Forbes „ Granard.
St. Laurence „
Howth.
Dougan „ Limerick.
Barnewall „
Trimbles-
TISCOTJNTS.
town.
Preston Viscount Gormanston.
Plunkett „
Dunsany.
Butler „ Mountgarett.
Butler })
Dunboyne.
Dillon „ Costello and
Fitz Patrick .,
Upper
Gallen.
Ossory.
Nelterville „ Dowtli.
Plunkett „
Louth.
Magennis ,, Iveagh.
Bourk „
Castle
Sarsfield „ Kilmallock.
Connell.
Bourk „ Mayo.
Butler „
Caher.
1 tempsy „ Glaumalier.
Bourke „
Brittas.
Brien „ Clare.
Blaney „
Monaghan.
Butler „ Galmoy.
Malone „
Glenmalure.
Barnewall „ Kingsland.
Maguire „
EnnisMllen.
Parsons „ Rosse.
Hamilton „
Strabane.
Bourk „ Galway.
Bellew „
Duleek.
Brown „ Kenmare.
Bourke })
Bophin.
Cheevers „ Mount Leinster.
Nugent „
Riverstown.
LORD GAWSWORTH, LORD CHANCELLOR. 481
There was, also, a very national House of Commons CHAP.
• XXX
assembled. The names of the Members, as given in Arch- ^J J ;1_1_
bishop King's work, and in the Appendix to Plowden,
are unmistakably Irish, with the exception of three — mons.
Francis Plowden and Dr. Stafford, returned for the
borough of Bannow ; and Luke Dormer, Member for New
Ross. The Members, with six exceptions, are supposed Nearly all
to have been all Roman Catholics, and Plowden states — Roman
Catholic.
' were probably the fairest representation of the people of Opinion
Ireland that ever were sent to any Parliament in that £hehi^
COUlltry.' 1 torian.
The Roman Catholics now beheld the long-coveted op- 5on,ia?-
. Catholics
portunity of regaining possession of their forfeited estates, desire to
Many Members of the House of Commons remembered ^frm lun.
their ancestral homes, from which they had been ruthlessly ck-red
expelled by the troopers of Cromwell, or the merciless un-
dertakers, who, for some inconsiderable sum, had become
master of the broad lands in which the forefathers of the
Members dwelt. Several were of families whose afflicted
mothers, despairing fathers, and weeping sisters had
been transplanted to the wastes of Clare, or the rock-
bound coasts of Connaught, and were ready to grasp at the
chance of again looking upon the pleasant fields in which
they had played in their youth, the forest glades through
which they had hunted in more mature years, and of eject-
ing in turn those who forcibly, with the word of God on
their lips, but the sword in their hands, offered the choice
of ' Hell or Connaught ' to the Irish Papist. These were,
no doubt, the motives which made the now dominant party
demand from the King the repeal of the Acts of Settle-
ment and Explanation. The King could not, for, if un-
willing, he was unable to refuse their demand. Accord-
ingly a Bill was prepared, reciting ' the sacrifices which Bill to
the Roman Catholics of Ireland had made for the Royal ™Peal tbe
authority ; how the usurper, Oliver Cromwell, seized and Settle-
sequestered their estates, and gave them to his soldiers
and adherents ; that two Acts of Parliament passed here,
1 Hist. Review, vol. i. Appendix, p. 138.
VOL. I. II
482
SIR ALEXANDER FITTON.
CHAP.
XXX.
Compen-
sation.
Lord Chan-
cellor to
appoint
Commis-
sioners.
Dismay of
the set-
tlers.
one intituled " An Act for the better execution of his
Majesty's gracious declaration for the Settlement of the
Kingdom of Ireland, and satisfaction of the several inte-
rests of adventurers, soldiers, and others his subjects
there ;" the other Act, intituled "An Act for Explaining
of some doubts arising upon an Act intituled an Act for the
better execution of his Majesty's gracious declaration for
the settlement of his Kingdom of Ireland, and satisfac-
tion of the several interests of adventurers, soldiers, and
others his subjects there; and .for making some alteration
of, and additions unto, the said Act for the more speedily
and effectual settlement of the Kingdom ; ': by which
many of the said Catholic subjects were ousted out of
their ancient inheritances, without being as much as
heard, and some were distributed amongst Cromwell's
soldiers and others, who, in justice, could not have the
least pretence, contrary to the peace made in 1648, and
contrary to justice and natural equity. Be it enacted by
the King's most excellent Majesty, with the consent of the
Lords Spiritual and Temporal, and the Commons in this
present Parliament assembled, and by the authority of
the same, that the said two several Acts, &c., be and are
hereby repealed.'
The Act, which was a very comprehensive one,1 pro-
vided compensation for innocent purchasers, or incum-
brancers, out of the estates of rebels, and authorised the
Lord Chancellor to appoint Commissioners to inquire and
report upon the estates of rebels on August 1, 1688. Such
Commissioners to allot and reprise these, who, on petition,
shall be entitled to claim reprisal.
We can well imagine the dismay and alarm of the set-
tlers during the progress of this Bill through Parliament.
The estates for which their fathers risked life and limb,
for which they conquered or intrigued, which many had
bought with cash, and from which they had expelled the
Irish without the least compunction, were now to be taken
1 A very full transcript is given in Plowden's Hist. Review, vol. i. Appendix,
p. 171.
LOED GAWSAVOETH, LOED CHANCELLOE. 483
from them. They, in their turn, were to be transplanted, CHAP.
and shoots of the old stem were to grow up in the old soil. ^_" ',! ' ^
Such opposition as they best could make, they did. An
address to King James on behalf of purchasers, under the Address to
Act of Settlement, was prepared by Chief-Justice Keating 1
— a most able document. It was on behalf of purchasers
who, * for great and valuable considerations, have acquired
lands and tenements in this kingdom, by laying out, not
only their portions and provisions made for them by their
parents, but also the whole product of their own industry,
and the labour of their youth, together with what could
be saved by a frugal management, in order to make some
certain provision for old age and their families, in pur-
chasing lands and tenements under the security of divers
Acts of Parliament and public declarations from the late
King ; and all these accompanied by a possession of
twenty-five years.' This address showed that by the con-
duct of Charles I. and Charles II. the Settlement was
binding ; that the Acts were passed with all the formali-
ties usual in Acts of Parliament in Ireland ; viz., framed Forma-
by the Chief-Governor and Council of Ireland, with the
advice of the Judges and his Majesty's Council there ; Acts were
transmitted to England ; considered by the Council, before
whom. Counsel and agents of the Irish pretending to be
the proprietors were heard ; and the Acts of Settlement,
having passed both Houses of Parliament, received the
Royal assent, as did in like manner the Act of Expla-
nation.
Dopping, Lord Bishop of Meath, on June 4, 1689, in his The Bishop
place in the Irish House of Lords, delivered a verv able of 3Ie:ltl1
* speaks
and argumentative speech against the Bill for repealing against
these Acts. He contended this Bill unsettled a formal
foundation (upon which this kingdom's peace and nourish-
ing were superstructed), and designs to erect another in its
stead, the success whereof is dubious and uncertain. He
urged it was unjust to turn men out of their estates
without any fault or demerit, to deprive widows of their
1 Archbishop King's State of the Protestants, Appendix, p. 96.
i i 2
484 SIR ALEXANDER FITTON.
CHAP, jointures, and children of their portions, whose money had
s.J V — - been laid out 011 the public faith of the nation, declared
in two Acts of Parliament, and 011 the public faith of his
Majesty's Royal brother, expressed in his Letters Patent.
He showed how delusive was the nature of the reprisals
promised by the Bill ; that the repeal was neither for the
public or the King's good, that it would not only ruin the
kingdom and people, but destroy all public faith, and was
inconvenient in point of time.
Bil1 Despite all opposition, the Bill passed both Houses, and
received received the Royal assent. We are told, indeed, and I
the Royal ke]jeve truly, that James was unwilling to pass the mea-
Assent. J_ ' ° .
Lesley sure, and Bishop Lesley states, ' As to his carriage in Ire-
James waf lan(l, I have heard not a few of the Protestants confess,
against the that they owed their preservation and safety, next under
God, to the clemency of King James, who restrained all
he could the insolence and outrage of their enemies, of
which I can give you some remarka.ble instances and good
vouchers. I appeal to the Earl of Granard whether Duke
Powis did not give him thanks from King James for the
opposition he made in the House of Lords to the passing
of the Act of Attainder, and the Act for the Repeal of the
Act of Settlement 5 and desired that he, and other Pro-
testant Lords, should use their endeavours to obstruct
them. To which the Lord Granard answered, " that they
were too few to effect that ; but if the King would not
have them pass, his way was to engage some of the
Roman. Catholic Lords to stop them." To which the
Duke replied, " that the King durst not let them know
that he had a mind to have them stopt."
Old pro- The representatives of the old inheritors having now
seek to the law in their favour, were not slow to act upon it. The
recover process appointed for the Acts of Repeal to be ad minis-
estates, tered by Commissioners was too tedious for the eager
claimants. According to Archbishop King, l the following
device was adopted to get into possession more speedily.
Wherever the Protestants had let their lands to Catholic
1 State of the Protestants, p. 182.
LOED GAWSWOETH, LOED CHANCELLOE. 485
tenants, these tenants forsook the Protestant landlord, CHAP.
and became tenants to the pretended Catholic proprietors. — " .\ ' — -
Several Protestants filed bills in Chancery, complaining of
this as contrary to the Act, which allowed them to keep pos- Com-
session until May, 1690, which not being yet come, or any ch'anMry
Commission being appointed to execute the Act, they moved
for injunctions to quiet the possessions; but the Chancellor
answered, 'That this did not concern landlords who let their
lands, but only such as occupied farms themselves; and that
the Parliament had granted that indulgence to them, only
that they might have time to dispose of their stocks, Chancellor
which not being the case with those who had tenants, they
must go to common law and try their titles.' By this
means most of the old proprietors got into their estates.1
The following were among the Acts passed by the Par- Abortive
liament of Ireland, elected in the reign of James II. A.D. James's
1689 :- Parlia-
' Aii Act declaring that the Parliament of England can-
iiot bind Ireland, and against writs of error and appeals
1 The notice to quit served on the new proprietor, and also the order to
restore possession to the old, were as follows : —
} By the Lord Lieutenant of the County of Kildare and
e~ j one of his Majesty's Most Honourable Privy Council.
' Sir, — This is to let you understand that I am authorised to give the pro-
prietor possession of the land of Ballysannan, &c., according to the Act of
Parliament ; and that you may not be surprised therein I give you this notice,
from, Sir, ' Your loving friend and servant,
' CHARLES WHITE.'
' For John Annesly, Esq.'
SECOND OEDEK.
'Whereas Luke Fitz Gerald, Esq., has proved himself before me to be the
ancient proprietor of the town and land of Ballysannan, and that his ancestors
were possessed of their mansion house there in the year 1641. I do therefore,
in pursuance of his Majesty's orders unto me, appoint the under-named persons
to give possession of the mansion house there to Luke Fitz Gerald, Esq. And
for so doing, this shall be your warrant.
' Given under my hand and seal this 6th day of May 1690, I do hereby
appoint Captain W. Archbold or Captain J. Dillon, of Athy, to give possession
of the mansion house of Ballysannan.
' CHARLES WHITE.
' To Luke Fitz Gerald, Esq.'
486
SIR ALEXANDER FITTON.
CHAP,
" '
Its lega-
lity
asserted.
Arguments
it.
to be brought, for removing judgments, decrees, and sen-
tences in Ireland into England.
' An Act for repealing the Acts of Settlement and Ex-
planation.
' An Act for taking off all incapacities of the natives of
the kingdom.
'An Act for repealing the Act for keeping and cele-
brating the 23rd of October, as an anniversary thanks-
giving in this kingdom.
' An Act for Liberty of Conscience, and repealing such
Acts and Clauses in any Act of Parliament which are in-
consistent with the same.
'An Act for repealing an Act entitled "An Act for Con-
firmation of Letters Patent, granted to his Grace, James
Duke of Ormoiid."
' An Act for the encouragement of strangers and others
to inhabit and plant in the kingdom of Ireland.
' An Act prohibiting the importation of English, Scotch,
or Welsh Coals into this Kingdom.
'An Act for vesting in his Majesty the Goods of
Absentees.
'An Act for the advance and improvement of Trade,
and for the encouragement and increase of Shipping and
Navigation.
' An Act for the attainder of divers rebels, and for pre-
serving the interests of loyal subjects.'
The legality of King James's Parliament was not with-
out defenders. It was contended the three elements of a
legal Parliament, King, Lords, and Commons, existed in
it. The Commons were summoned by writs directed to
the legal returning officers. In. the upper house, the
Peers, Spiritual and Temporal, were summoned, and sat in
the usual way. The five new creations of Peers were made
legally and in order. This was the opinion of Mr. Lynch
in his Legal Institutions.
On the other side, it was argued that James was no
longer King, when he issued the proclamation and writs
for assembling the Parliament ; that the English Con-
LORD GAWSWOETH, LOED CHANCELLOR. 487
vention Parliament of 1688 gave the Crown to William CHAP.
XXX
and Mary ; that the moment William became King of
England, he was instantly King of Ireland, and then Par-
liarnent passed a bill of rights- — expelled the late King and of less.
his dynasty ; limited the crown to Protestants ; forbade the
King marrying a Roman Catholic, and limited carrying
arms to Protestants ; abolished the oaths of allegiance and
supremacy, substituting the oaths of allegiance and abju-
ration ; gave the crown of England, France, and Ireland William
and Mary.
to William and Mary, and the administration exclusively
to King William III.1
The events which followed William's progress to the
Boyne are familar to the readers of Irish history. Tyr-
coiinel accompanied James in his flight to France, and
returned to Limerick, where he died suddenly. On his
death, the Lord Chancellor, Chief Baron Rice, and Plow-
den, assumed the office of Lords Justices, but their tenure
of office was of brief duration.
Lord Chancellor Fitton was succeeded by Sir CHAELES Fate of
POETEE as Lord Chancellor in 1691. Fitton was attainted,
and it is supposed followed his Royal Master to France,
and died there. Whether the conduct of Fitton before he
was made Chancellor was criminal or innocent, God only
can judge, but His hand fell heavily upon the repre-
sentatives of the Fittons of Gawsworth. ' In less than half
a century the husbands of its two co-heiresses, James
Duke of Hamilton and Charles Lord Mohun, were slain by .
each other in a murderous duel, arising out of a dispute
relative to a partition of the Fitton estates; and Gaws- of
worth itself passed into an unlineal hand by a series of wortl1-
alienations complicated beyond example in the annals of
this county.' a
Though no doubt the troubled reign of James II. was Chancery
little favourable to steady pursuits, the course of law
flowed on uninterruptedly amid the crash of thrones during the
and fall of dynasties. There are nearly a hundred Chan- j;Unes II.
1 Parliament in Ireland 1689. Dnlilin Magazine, p. 173, 1843.
2 Ormerod's Cheshire, vol. iii. p. 295.
488 SIE ALEXANDER FITTON.
CHAP, eery decrees made during the reign of James II. enrolled,
XXX. jiaye i00ke(:i carefully through those made while Lord
Gawsworth held the Seals, but could observe nothing to
mark ignorance of his duty, or incapacity to perform it.
He confirms reports, dismisses bills, decrees in favour of
awards, grants injunctions, with the confidence of an ex-
perienced equity judge.
LOED CHANCELLOR METHUEN. 489
CHAPTER XXXI.
LIFE OF LORD CHANCELLOR METHTTEN.
THE Methuens, or Methvens, derive their name from the CHAP.
Barony of Methveii, in Perthshire, granted by Malcolm XXXL^
Camiiore, King1 of Scotland, to one of the knights who Methuen,
more
escorted Queen Margaret from Hungary in 1070. The known in
name and achievements of JOHN METHUEN are much more
familiar to the diplomatic than to the legal world ; but as
he filled the high office of Lord Chancellor of Ireland for
some years, from 1697 to 1701, I give as full an account
of him as my diligence enables me. He was eldest son of
Mr. Methuen, of Bishop's Canning, Wilts, and destined shire.
for the legal profession. Having kept the usual terms,
he was called to the bar. After several years of moderate Practised
practice, his talents were employed in the diplomatic ser-
vice, and he was despatched to Portugal as Envoy during Envoy in
the reign of King William III. He was greatly esteemed
for his prudence, tact, and general information ; so much
so, that when Sir Charles Porter, Lord Chancellor of Ire-
land, died suddenly in 1696, the high character of the
Portuguese Envoy then in London, at once recommended In London.
him as a fit and proper person to hold the Irish Great
Seal.
In a letter dated December 2, 1696, addressed by Mr. Letter to
the Duke
Yeriion to the Duke of Shrewsbury, we find the character Of Shrews-
of Mr. Methuen favourably mentioned.1 Alluding to the
recent death of the Lord Chancellor, the letter continues :
* Mr. Secretary Trumbull came some time after with the
accounts he had received of it. So I don't doubt but he
is to dispatch the orders that will be requisite either for
supplying the commission of justices, or appointing com-
missioners for the Seal, till the King thinks of a fit person
1 Letters of the Keign of William III. vol. i. p. 100.
490 EEIGN OF WILLIAM III.
CHAP, for Chancellor. I have been thinking of it in the mean-
XXXI
.J_JLr" Ls time, and none occurs to me more fit than Mr. Methuen,
" as we^ ^or kig Prudence and principles, as his having been
Methuen bred up in these courts.
office of ' I have further considered, that if your Grace should
Lord Chan- ever go for Ireland, as was once talked of,1 you would
collor.
have in this man one that you might entirely depend on,
or otherwise you might oblige him in contributing to his
advancement to that post, and have the Envoyship of Por-
tugal to dispose of, as once you intended. I was so full
of it that I mentioned to my Lord Portland what I thought
of this gentleman's deserts, and he spoke as if he had a
very good opinion of him. I have since taken some notice
of it to Mr. Methuen himself, who apprehends it may be
thought too honourable a post for him ; but he don't look
upon himself as unqualified to discharge it.2
' I thought it worth while for him to try his friends.
He thinks himself very well already in my Lord Sunder-
land's good opinion, and has a friend who can fix him if
he be not engaged. He believes, too, my Lord may have
favourably thought of him ; and I promised him to open
the matter to your Grace, believing, if you had not pre-
viously entered into any consideration about the disposal
of this office, you might wish one so well qualified in it,
and if that were your opinion, you would write to my
Lord Keeper about it. It will not be judged fit, I sup-
No Irish pose, to take any of the Irish lawyers,3 both as to the
KkT^t country and the factions they are divided into, and one to
be ap- be sent from hence should not be merely chosen for his
pointed. abilities at the bar ; and when Sir Charles Porter was sent,
I think he might as little have pretended to it as this
gentleman, who to his knowledge in the law has added
his experience abroad, and his commendable behaviour in
the House of Commons.
.
'• The Duke of Shrewsbury ras Viceroy but not when Methuen was Chan-
cellor.
z It is related that he aspired to the Chancellorship of England.
3 Very like the modern advertisement ending ' No Irish need apply.'
LOED CHANCELLOR METHUEN. 491
' But I submit all to what your Grace shall nudge CHAP.
XXXT
Of it.' l J±?±*
This able and astute letter put the qualifications of
Methueii in so favourable a light, that the Duke of
Shrewsbury immediately acted on the suggestion. Lord
Sonaers, then the powerful Lord Chancellor of England,
Chancellor
recommended him to the King, who consented ; but there Somers
•was some delay in substituting a successor to carry on apprc
the negotiations with Portugal which Methueii had com-
menced. Sir John Eushout was mentioned, but the King
would not agree, and remained undecided with regard to
removing Methueii for some time. At first the English
Chancellor was rather surprised to find Mr. Methueii soli-
citing1 this office, and expressed as much. In an interview Interview
-V T J
he received the Envoy very kindly, told him ' he had been somers°ri
thinking who was proper for his place, but he had not yet
mentioned it to any body ; there were one or two occurred
to him, but he doubted whether they would accept it if it
were offered to them. He excused it to him that he could
not say he (Methuen) had been in his thoughts, looking
upon him as one that had addicted himself another way ;
but he now promised him. that he would take no resolu-
tions without first communicating them to him.' The
Chancellor made up his mind, and the result was alto-
gether in favour of the Envoy. The fact of Lord Somers
recommending Methuen to the King, shows he considered Methuen
Methuen well qualified for the office, and he was declared A.D. 1696-
Chancellor of Ireland at a Council held in January, 97-
1696-7.
Before leaving London the diplomatic Chancellor tried
to do a service, as was but natural, to his son. He repre- Recom-
sented that young gentleman as the fittest person to sue- son as
ceed him as Envoy in Portugal ; the most capable and Envoy m
J Portugal.
acceptable minister that could be sent there. He was
young, to be sure — twenty-four years of age, — but a great
favourite with the King of Portugal, and a good linguist,
1 Letters of the Reign of William III. edited l>y James, vol. i. p. 101.
492
REIGN OF WILLIAM III.
CHAP.
XXXI.
«^ s
The Lord
Chancellor
sworn into
office.
The Bishop
of Berry's
case.
Protest.
Career of
Sir Paul
Methuen.
speaking French, Spanish, Portuguese, and Italian, with
great fluency and exactness.1
On June 15, 1697, the Lord Chancellor took the oaths
and subscribed the declaration, pursuant to the Act for
abrogating the Oath of Supremacy in Ireland. On that
day he attended the House of Lords in Ireland as Speaker,
and took his seat 011 the Woolsack.2
The Lord Bishop of Derry being dissatisfied with an
order made by the Lord Chancellor of Ireland, on June 22,
in a cause wherein William Lord Bishop of Derry was
plaintiff, the Society of the Governor and Assistants,
London, for the New Plantation of Ulster, and the Mayor,
Commonalty, and Citizens of Londonderry and others
were defendants, petitioned the House of Lords of Ire-
land, praying to have an appeal received and to be re-
lieved against the order.
The Lords were willing to grant the prayer of the
petition considering they had the right to hear appeals,
thereupon the following protest was entered on the
Journals of the Lords : — ' We, whose names are under
written, do dissent from the last vote, for receiving the
Bishop of Derry's Appeal. We think it right not to have
been received now, because we conceive that the said
Bishop was relievable in the inferior Courts of Justice,
and therefore this appeal was not brought regularly before
this House.
1 His future career justified the Chancellor's encomium. He was the cele-
brated Sir Paul Methuen, he lived much on the Continent and was bred to
diplomacy. In 1706, he succeeded the Right Hon. Richard Hill as minister to
the Buke of Savoy. In September of that year, when the French were beaten
before Turin, he was in attendance on the Buke, and shared his battles and skir-
mishes. Voltaire, who entertained a warm friendship for him, says that
Methuen gave him an account of the battle and the dying words of Marshal
Marsin. In the ' Siecle de Louis XIV,' Voltaire says, ' Le chevalier Methuen
ambassadeur de 1'Angleterre aupres le due de Savoye, etait le plus geuereux,
le plus franc, et le plus brave homme de son pays qu'on ait jamais employe
dans les ambassades. II avait toujours combattu a cote de ce souverain.' He
was the friend of Pope and Gay, the latter paid him this compliment : —
- ' Methuen of sincerest mind,
As Arthur brave, as soft as womankind.'
2 Lords' Jour. Ir. vol. i. p. 596. His patent is dated March 11, 1G97-
LORD CHANCELLOR METHUEN. 403
* That if upon any order of Court appeals be admitted, CHAP.
\ V V T
when such order tends only to the better information of -_' \" '_^
the Judges, everyone who is impatient of such post delay
will bring his appeal, and the proceedings of the inferior
Courts of Justice will be much interrupted ; and we do
not find that this House has received appeals but in cases
where judgments or decrees were given, which was not in
this case.
' MOUNT ALEXANDER,
( LOFTUS,
' MASSAREENE.'
Notwithstanding the protest, the case was argued at Appeal
the Bar on September 22, in the presence of Counsel. It hcardt
was concerning the possession of some portion of land
called Moylenan, in the city of Londonderry ; and upon
due consideration, and of the answer of the respondents,
and of the proofs made, ' the Lords Spiritual and Temporal
ordered and adjudged that the orders of June 22, 1697, be
reversed, but that the respondents should have liberty Order of
to try them both at law.' » Some doubts having arisen Sbr0*""1"
whether the rights of the Church should be in any way Methuen
prejudiced by a Bill entitled 'An. Act for confirming
estates and possessions held and enjoyed under the Acts
of Settlement and Explanation,' the matter was referred Question
to the Judges, whose opinion was reported to the House
of Lords by Chief Justice Pyne, on October 28, 1698, in
these words : 'On consideration of the Bill entitled "An
Act for confirming estates and possessions enjoyed under
the Act of Settlement and Explanation," there appears Their
nothing therein to us that does, in anywise, prejudice the °Pinion-
rights of the Church.' 2
This decision of the Judges did not give consolation to The
several of the Bishops, who, on the majority of the Peers Ji'i^ee
voting for the Bill, entered a protest : ' 1. Because by the with the
Acts several Bishops were to have augmentations which Judges<
had not been satisfied. 2. Because by the aforesaid Acts
1 Lords' Jour. Ir. vol. i. p. 695. 2 ILid. vol. i. p. C'JG.
494
REIGN OF WILLIAM III.
CHAP.
XXXI.
Roman
Catholics
not to be
solicitors.
Methuen
a bad
Chancel-
lor.
all rights to the Church were saved, and all lands, &c. of
which the Church was possessed in 1641 were to be
restored, which was not done, and by this Act the Church
would be barred from recovering them. 3. Because by
the clause for discharging patentees' lands from ancient
encumbrances and debts, rent charges payable to Bishops
and other Protestants would be discharged. 4. Many
Protestants would be barred from recovering lands if the
Bill passed. And 5. No saving for the King as in the
Acts of Settlement and Explanation.'
This protest was signed by five Irish Bishops.
An Act meeting the wishes of the Bishops was then
prepared and passed.
The Lord Chancellor as Speaker of the Lords had to
open the engrossed Bills sent up by the House of Com-
mons in January 1698, entitled ' An Act to prevent
Papists being solicitors,' which was speedily passed.1
Some useful Acts also passed. One against ' Gaming,'
another for ' Determining Differences by Arbitration ; '
another for encouraging ' Planting and Preserving Timber
Trees and Woods.'
As might have been expected from one who, as Lord
Chancellor Somers remarked, ' had addicted himself an-
other way,' from his profession, Lord Chancellor Methuen
made a bad and dilatory Equity Judge. He was very
desirous to do what was right, but was doubtful how to
do it, and, afraid of committing grave mistakes, postponed
deciding any but the plainest causes. When the cause
presented matter for more than one decision, he occa-
sionally made a decree partly for the plaintiff and partly
for the defendant, so that he might, if possible, satisfy
all parties. The Court of Chancery in his time was
grown very costly for suitors ; office rules and general orders
beset the clients at every step, while the repeated delays
occasioned by the absence of the Lord Chancellor in Eng-
land amounted to a denial of justice. During the eleven
years of William III.'s reign, I do not find more than
1 Lords' Jour. Ir. vol. i. p. 748.
LORD CHANCELLOR METHUEN. 495
ninety -eight decrees enrolled, though I am quite certain CHAP.
many more must have been pronounced. *
Hyde, Earl of Rochester, Lord-Lieutenant of Ireland
from 1701 to 1703, is mentioned by Dean Swift in very decrees
high praise. He began early to distinguish himself in '
the public service, and passed through the highest em- Rochester
ployments of the State in most difficult times, with great '
credit and unstained honour. His principles of religion 1701-3.
and loyalty were instilled into him by his illustrious
father and other noble spirits who had exposed their
lives and fortunes for Charles I.
Pulcherrima proles,
Magnanimi heroes natis melioribus annis.
His first great action was, like Scipio, to defend his father
when oppressed by numbers ; and his filial piety was not
only rewarded with a long life, but high and distin-
guished appointments.
The state of parties in Ireland had no attractions either
for Lord Rochester or the diplomatist. While Methuen
was Lord Chancellor, he was, as I already mentioned,
frequently absent,1 and England was a country he was Absence of
much happier in than that which might be regarded as CeUor. "*
the proper sphere of his duties. When an opportunity
presented itself of his filling a high position as repre-
sentative of England at the Court of Portugal, all his old Offered the
love of the Continent and diplomatic life returned with
full force. He gladly accepted the offer made him, and Ambas-
sador at
without a sigh, saw the once coveted Great Seal of Ireland Lisbon.
transferred to his veteran successor, Sir Richard Cox.
He filled the important office of Ambassador at the Court
of Lisbon, and was responsible for the Treaty which
bears his name.2 This Methuen Treaty was so distasteful Methuen
to the Portuguese, that it is said, when, in 1 701, it was Treaty-
1 From December 11, 1697, to August 15, 1698; again from January 20,
1700, to July 7, 1701. He returned to England December 1701, and did not
again resume his judicial duties in Ireland.
2 The Methuen Treaty was for the mutual interchange of port wine and
woollen manufactures, and regulated this trade until very recently.
496
EEIGN OF WILLIAM III.
CHAP.
XXXI.
How King
Pedro II.
treated the
Treaty.
Ex-Chan-
cellor died
at his post,
A.D. 1706.
Duke of
Marl-
borough's
letters.
carried to King Pedro II. for his signature, he vigorously
set to and kicked it about the room. It is likewise related
the Ambassador himself was so little pleased with his own
work, that he privately advised Queen Anne not to ratify
it. The Ambassador died at his post in Lisbon in the
year 1706. His death was sudden, and his loss much
lamented by the politicians of the time. The Duke of
Marlborough, writing to Mr. Secretary Harley from the
Camp at Helchin, on August 12, 1706, thus refers to him :
• — 'I had an account from Mr. Secretary Hodges of the sud-
den death of Mr. Methuen, at Lisbon, when the situation of
affairs in Spain seemed most to require his assistance,
since we have no account yet of King Charles's approach
to Madrid. His timely appearance there would, in all
probability, put an end to the war on that side.' 1 In a
letter to Mr. Secretary Hodges the Duke alluded to the
same subject : ( I have received the favour of your letter
of 26th past, giving an account of the sudden death of
Lord Ambassador Methuen, which is very unlucky at this
critical juncture, when our affairs in Spain seem much to
want his assistance in encouraging the Court of Portugal
to continue steady and resolute in pursuing the war, under
the difficulties we are like to meet with for want of King
Charles's timely appearance at Madrid.' 2
The family has since been ennobled, and is now repre-
sented by Frederick, second Baron Methuen, married to
Anna, daughter of the Reverend John Sandford of Nyne •
head Somerset, and has issue.
1 The Marlborough Despatches, vol. iii. p. 78.
2 Ibid. vol. iii. p. 79.
LIFE OF SIR RICHARD COX, LORI) CHANCELLOR. 1!)7
CHAPTEE XXXII.
LIFE OF LORD CHANCELLOR SIR RICHARD COX, HART., FROM HIS BIRTH
TO HIS APPOINTMENT AS CHIEF JUSTICE OF THE COMMON PLEAS.
MICHAEL Cox, grandfather of the subject of my memoir, CHAP,
was the youngest son of Richard Cox, of Bishop's Cannings, ^XXIL^
in Wiltshire. He came to Ireland during the reipai of Family of ,
SirKichard
James i., when many English and Scotch adventurers Cox.
settled in that kingdom. He selected a pleasant location
on the banks of the river Puncheon, near Kilworth, in the
county of Cork. Here he amassed a considerable fortune,
5,0001. or 6,0001. ; but, during the civil war of 1641, he was
despoiled of the most part of his substance, and little
remained to his family.
In those days, when men's hands constantly grasped the Richard
sword, the military profession was sure to be selected by
members of every family. Richard, third son of Michael
Cox, of Kilworth, became a ' captain in Major-General
Jephson's regiment of horse. He was well qualified for
his calling, being strong and valiant, and steadily climbed
the ladder of promotion. It wras not as easy to obtain
pay as rank, for the arrears of Captain Cox's pay amounted
to 1,676Z.
Captain Cox was captivated by the pretty face and Marri(td to
black eyes of a widow, Mrs. Batten, daughter of Walter therine
Bird, Esq., thrice Sovereign, and for a long time Recorder of ^atten-
Clonakilty, a large town in the West Riding of the county
of Cork. Mr. Bird was a gentleman of highly cultivated
tastes, having been a student at Oxford, and an excellent
musician, playing well on the bass-viol.
Although Captain Cox possessed some property in the
neighbourhood of Kilworth, and was entitled to the tolls
of the fairs and markets of the place, which must have
VOL. I. K K
498
EEIGN OF CHARLES II.
CHAP.
XXXII.
Bandou-
bridge.
Richard
Cox, Lorn
March 25,
1650.
been of some value, he resided at Bandou, or Bandon-
bridge, as it was formerly called. This town owed its
existence to Richard Boyle, first Earl of Cork, who ex-
pended a large sum in making it the rival of Deny, in the
north, and in one point may be said to have succeeded.
It was exclusively Protestant. In a letter written by him
to Mr. Secretary Cook, dated April 13, 1632, the Earl
says, ' No popish recusant, or unconforming novelist being
admitted to him in all the town.' This probably gave
rise to the tradition that an inscription on one of the gates
announced—
Jew, Turk, or atheist
May enter here, but not a papist.
Which caused the celebrated Father O'Leary to add—
Who wrote these lines, he wrote them well,
For the same are writ on the gates of lull.
There is no doubt that Catholics were excluded from
Bandon, and by way of explanation, we find ' that it was a
necessary support for the infant colony, the members of
which foresaw that as they were strangers and Protestants,
if a Papist took up his quarters amongst them, he only
would be encouraged by his neighbours of his own religion
(and they were generally of it), and would gradually in-
troduce tradesmen of all sorts of the same, which would
overset the scheme of this foundation.' '
In this town was born Richard Cox, who, ere his eyes
were closed in the sleep of death, was to win such high
honours as seldom fall to the lot of one man. Knighthood
and Baronetage, Judge of the Common Pleas, Military
Governor of the County of Cork, Lord Chief Justice of the
Common Pleas, and the King's Bench, Lord High Chan-
cellor of Ireland, and several times Lord Justice. He was
born on March 25, 1650, but not destined to know either
a father's care or a mother's love. The valiant officer and
strong soldier fell mortally wounded in July 1652, not by
the foeman's sword or 011 the battle-field, where danger was
to be confronted and honour won, but stabbed by the pen-
1 Seasonable Advice, p. 15.
LIFE OF SIE RICHARD COX, LORD CHANCELLOR. 499
knife of a brother officer, as they were walking together, CITAP.
XX X 1 1
apparently on friendly terms. The assassin was a Captain JL" __ '^
Norton, but the cause for the deed remains unknown. His fatlu'r
aasasei-
Mrs. Cox had been most unfortunate in her matrimonial uatcd.
ventures. She was a widow when married to Captain Misfor-
Cox. Her first husband, Captain Thomas Batten, was shot Mrd. Cox.
dead at the siege of Dungarvan in 1642, a ball having
pierced his forehead, and this second bereavement plunged
her into consumption, which made such rapid havoc as to
cause her death the following winter. The infant son
was left to the care of his grandfather and ' erood unkle
<~J O
John Bird'1 who placed him at school with a kind pre-
ceptor named Barry. Richard at
Here his diligence and industry indicated literary taste,
and when of age to select a profession for the support of
his future life, he chose the law, most probably because Selects the
his uncle was the seneschal of the Manor Court of Bandon. iega.1 pro"
fession.
These Manor Courts possessed a very extensive and varied
jurisdiction, and the seneschal had highly important func-
tions to discharge. Young Cox served his time to an
attorney, and must have been admitted to practice very Practises
quickly, for we read of his engaging in the profession in
his eighteenth year.2 He soon gained a very general
knowledge of his business, and extended his practice
throughout the west of the county of Cork, until desirous
of a larger sphere for his abilities, and feeling he was of the
stuff of which good lawyers are made, he determined to get
called to the Bar. He accordingly disposed of the pro- Aspires to
perty he inherited from his grandfather, near Kilworth, for
150?., and deriving an. income from some house-property
assigned to his father in Galway, for arrears of pay, which
yielded 26?. per annum, and having 50?. saved from his
practice, he accompanied the Earl of Burlington3 to London
to keep his law terms.
1
Autobiography, p. 3.
- Wills's Lives of Distinguished Irishmen, vol. iv, p. 2.
3 This nobleman distinguished himself early in life. lie was knightfd at
the age of twelve, and, on the restoration of diaries II., "was created Earl of
Burlington ; he succeeded his father as Ivirl of Cork.
K K 'I
500
REIGN OF CHARLES II.
CHAP.
XXXII.
A distin-
guished
student of
Gray's
Inn.
Called to
the Bar,
August 9,
1673.
Married,
1674.
Life at
Clonakilty.
In 1671, Mr. Cox was a student of Gray's Inn, when his
unwearied application, acquaintance with legal procedure,
acquired by his practice in the Irish local courts, and his
superior intelligence, obtained him considerable notice.
At the same time he seems not to have been earning any
money, for he mentions, 'I was not of full two years'
standing, when by great providence, and at the most
critical juncture (niy money being almost spent), friends
were raised up to me, who found means to make me one
of the surveyors at Sir Eobert Shaftoe's1 reading.' The
reader fell ill two days before he was to perform his part
in the Hall, and Mr. Cox was selected by Sir Eobert
himself to supply the place. He did it so admirably
that he was called to the bar of Gray's Inn on August 9,
1673. The Monday before, he argued the 'Reader's case.'
on short warning, so much to the satisfaction of a numerous
and distinguished legal audience, that Sir Francis Rat-
cliffe2 offered him a hundred a-year and other great
advantages if he would settle near him in the north of
England. This tempting offer was declined, and Mr. Cox,
as he says, ' sequimur quo fata trahunt,' returned to Ire-
land, landed at Dungarvan, and arrived at Bandon on
January 1 1 . He then took an important step, ' by my
unkle Bird's advice I married my now wife, Mary Bourne,3
on Thursday, February 26, 1674. She being but fifteen, I
not full twenty-four years old ; this was the rock I had
like to split on, for though she proved a very good wife,
yet being disappointed in her portion, which was ill paid
by her mother, and by driblets, and from whom I also
received some other uiikindnesses, I retired into the
country and lived at Cloghnakilty for seven years, but
very plentifully and pleasantly.' 4 At Clonakilty he took
1 Sir Robert Shaftoe, of Whitworth, County Durham, Serjeant-at-Law and
Recorder of Newcastle : he died 1705.
2 Created Baron of Tyndal, County Northumberland, and Earl of Derwent-
water, &c., March 7, 1688; he died 1696.
3 Daughter of John Bourne, Esq., who had a grant of lands in the barony of
Carbery, County Cork, in 1667, containing 612 acres. She died June !,• 1715.
4 Autobiography. Edited by Richard Caulfield, Esq., B.A., p. 11.
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. />01
a farm, and sank gradually into that kind of indolence to CHAP.
xxxn
which persons of intellectual temper are most liable when -114__1,
deprived of their congenial and proper excitement in the
atmosphere of ambition or studious conversation.1 But
there were little wi*estlers for daily bread whose claims
were too clamorous to be silenced, and as he says, ( con-
sidering my charge of children, I roused myself from that
lethargy and resolved to struggle for a better fortune;'
accordingly he removed to Cork, the capital of the province
of Munster, where a great deal of local business rewards
the competent barrister. Here his legal acquirements pro-
cured him the Eecordership of Kinsale, and we may judge
how fully his talents as a lawyer were employed when he
made 500Z. the first year.
His zeal for the Protestant religion occasionally outran
his discretion. In April 1679 he was chosen chairman of
the Quarter Sessions for the County of Cork, held in
Baiidon when 'With the zeal and sincerity of a good Attack* the
Protestant,' says Harris,2 ' he took occasion to expose in
his charge the villanies, the cruelties, and the impositions
of Popery, with such good spirit and sense that he mightily
animated the Protestants, and as highly provoked the
Papists. So sensible were the former of the great service
done them by this seasonable charge, that in a body they Is publicly
publicly returned thanks for it that day, and one of them
said, " That he must expect that the revenge of the Papists,
if it ever fell into their power, would be proportioned to
his merit with the Protestants ; " Mr. Cox replied, " That
he was not in any danger, for he had studied them
thoroughly, and therefore would never trust them, nor Deplorable
live under their jurisdiction." While such rancorous feeling in
feeling was entertained by an educated and intelligent Ireland-
judge, who, as Recorder, had power over the persons and
properties of his Majesty's Catholic subjects, we cannot
feel surprised at the disunion and disaffection which pre-
vailed throughout the kingdom. The fearful atrocities
1 Wills' s Lives of Distinguished Irishmen, Cox, vol. iv. p. ".
2 Harris's Life of Cox, p. 208.
502 EEIGN OF JAMES II.
CHAP, practised upon the native Irish by the soldiers of Elizabeth
^_I4— ^ and the undertakers of James I. led to the attempted
retaliation of 3641, and the fate of the old families during
the sway of Cromwell was fresh in the memory of their
children when Charles II. was restored to the throne.
Instead of doing justice to these Catholic noblemen and
gentry who had devoted their lives and fortunes to the
cause of his father, he allowed the Irish government to
remain in the hands of those who hated the religion and
the people of Ireland ; and who can feel surprise if they
were hated in return ? That kindness begets kindness is a
true axiom, and that hatred engenders hatred is equally
so ; no wonder then if the Protestants trembled when their
misused power was wrested from their hands.
When the failing health of Charles II. warned the Irish
ascendency party their reign too was drawing to a close,
Cox made up his mind to shun danger. He recollected
the fate of the poet Spenser, who having roused the
enmity of the Irish, had his castle of Kiicolman burned,
and narrowly escaped with his life, while one of his sons
was killed during the conflagration.
on In 1685 the accession of James II. to the throne of
of James Qreat Britain and Ireland took place. This event was
regarded by Irish Protestants with the greatest conster-
nation, and many fled in affright from the land. Among
these panic-stricken refugees was Cox. He relinquished
his practice, which was considerable, and removed with
his family to Bristol. He preceded them by some months ;
Cox's flight the date of his departure for England being April 7, 1687,
while his wife and children remained in Cork until the
following June. They settled in Bristol, where he found
kind friends, and probably many, who like himself left
Ireland, selected it as their residence. He was too active
in mind, and too straitened in purse, to remain idle.
Pi-avisos Luckily his profession enabled him to practise in Eng-
jBristol land, and his reputation had preceded him ; so he soon
Bar. earned an income as a barrister sufficient for the support
of his family. He had a wife and five children dependent
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 503
upon him, and when he felt those tender fingers plucking CHAP.
\\\ll
at his gown, he was not the man to deny their claims to >."'* T -•
his best exertions. Nor was his pen idle. It was at this Compiles
Miberma
period he compiled the Hibernia Anglicana.1 Anglicana,
While sojourning at Bristol Mr. Cox made a most Forms tbo
valuable acquaintance, whose friendship mainly caused ailCe of Sir
his advancement in after life— that of Sir Richard South- *flch:lrd11
feouthwell.
well, who at this time resided at King's Weston, near
Bristol. This gentleman left an honoured name. Harris
speaking of him says, ' than whom the world could not
show a man of more religion, virtue, and wisdom.' Cox
calls him ' one of the worthyest persons in the world, who
has proved the best friend I ever had.' 2
Cox was a far-seeing politician. Judging that the
English nation had resolved upon dethroning James II.,
and the chances of the Prince of Orange mounting tire
throne were very great, he hastened to London and cast
the weight of his talents and the influence they com-
manded into the scale of the Stadtholder. He published
a pamphlet urging the necessity of giving the crown to Pamphlet
William, and sending relief to the Irish Protestants. It jj ™PPort
was very successful, and recommended the writer to the Prince of
O
future King.
The zeal and ability displayed by Mr. Cox in the cause
of the Prince was not left unrewarded. He was offered Offered
the post of secretary to the Duke of Schomberg, when 0
that veteran warrior was appointed to the command of to
of Scliom-
1 This -work, published in London in 1689, is a history of Ireland from the 1)er£> lmt
conquest thereof by the English to the period of its publication. It is dedicated
to King William and Queen Mary, and, written by a zealous supporter of the
Prince of Orange, nearly all the authorities referred to are one-sided, therefore
its statements must be received with extreme caution. Those who maintain
the early civilisation and learning of the Irish before the invasion will bo
amused at the following: 'What I aim at is to show that the Irish did con-
tinue in their barbarity, poverty, and ignorance until the English conquest ;
and that all the improvements themselves or their country received, and their
great difference between their manners and conditions now and then, is to bo
ascribed to the English Government, under which they have lived far happier
than ever they did under the tyranny of their own lords.' — Cox's Ilibernia
Anglicana, Preface.
- Autobiography, p. 12.
504
REIGN OF WILLIAM III.
CHAP.
XXXII.
Secretary
to Sir
Robert
Southwell.
Mr. Cox's
correctness
tested.
the forces against King James in Ireland, but being
unacquainted with French, he did not feel at liberty to
accept this office. When William determined to conduct
the war against his father-in-law in person, and Sir Robert
Southwell was appointed Secretary of State to accompany
him, Sir Robert had the opportunity of proving his friend-
ship for Mr. Cox. He selected his son, his kinsman, Captain
Waller, and Mr. Richard Cox his secretaries, and treated
them with equal kindness. They acted as secretaries, but
were used as companions, rode in the same coach, lay in
the same tent, and had their meals at the same table.1
It was at this time Mr. Cox's knowledge of Irish affairs
and capacity for business were displayed. The secret
despatches and greater part of the intelligence were sub-
mitted to him, and his readiness and accuracy greatly
pleased the Prince, who loved to find those in his service,
whether civil or military, competent to the discharge of
their duties. The clearness of Mr. Cox's views and his
statements, always based upon reliable information, was
of such a nature that Sir Robert Southwell trusted him
implicitly, and on a momentous occasion, when the fate of
the kingdom was at stake, we find he was to be relied on.
When the two armies were at length face to face, on the
eve of the decisive Battle of the Boyne, the number and
strength of the army of King James II. was reported to
the Prince of Orange to be far more numerous than Sir
Robert Southwell, acting on Mr. Cox's information, stated
them to be. An officer lately deserted from the Irish
camp, detailed their number and position in so plausible a
manner that the Prince was greatly disconcerted, and told
Sir Robert ' he was certainly misinformed, for the Irish
forces were far more than he imagined.' Sir Robert, in
great surprise and some trepidation, imparted the King's
fears and the cause to his secretary. Mr. Cox bade him
not be the least alarmed, that he had not reported upon
any conjecture, but on undoubted authority. ' Let us, sir,'
he said, ' test the accuracy of this fellow.' ' How may
1 Autobiography, p. 12.
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 505
that be done, Mr. Cox?' asked Sir Robert. 'Let him CHAP.
pass through our camp,' replied Mr. Cox ; ' survey it at his -'_ ' * J.
leisure, and then, when lie has completed his survey,
report to his Majesty what he computes the number of our
forces to be.'
This excellent suggestion pleased the King, and was at
once acted on. When the Irish deserter made his report,
he confidently affirmed the English army to be more than
double the number William knew thev were. He dis-
*t
missed the deserter with reproof as a ' conceited ill-
guesser,' and highly commended the sagacity of Mr. Cox
in so cleverly discovering the falsehood of the statement.1
When the victorious monarch led his troops in triumph Writes the
to Dublin, the ' King's Declaration ' was written at Fin- Deckra-
glas by Mr. Cox, and met the thoughts of William so tion-
exactly, that he would not alter a word of the draft,
declaring, in very complimentary terms, that 'Mr. Cox
had exactly hit his own mind.'
Further preferment awaited the secretary. On the sur-
render of Waterford, Mr. Cox was appointed Recorder, Recorder of
but the office appearing to the King inferior to what his Waterford-
services merited, his Majesty, with a consideration which
does him credit, desired Sir Robert Southwell to enquire of
Mr. Cox ' what employment he desired ? ' The Bench is
naturally the object of every lawyer's ambition, and a seat
in the Common Pleas being then vacant, Mr. Cox named Second
this, which was immediately acceded to, and he was sworn ^ Com°-
in, April 15, 1690. He now hoped for some repose from mon Pleas>
affairs of State, and, conscious of many imperfections in
his Hibernia Anglicana, was meditating a new and cor-
rected edition when he was selected, together with Robert
Rochfort, Esq., and Sir Richard Pyne, to execute various
governmental Commissions. The Commissioners had full Commis-
power for ordering out and equipping the militia, to ex- '
amiiie and report upon the conduct of officers and soldiers
in garrison towns, and restore the coimtry, torn and dis-
organised during the late wars, into order and obedience
1 Harris's Life of Cox, p. 210.
506
EEIGN OE WILLIAM III.
CHAP.
XXXII.
Thanked"
Ly Lord
Sidney.
Prevents
the ex-
change of
LI >ri I
Clancarty.
Military
Governor,
1691.
to law. They set to work witli great diligence at Ardee,
Drogheda, Wexford, Waterford, and Cork, and Mr. Justice
Cox received a letter from the Viceroy, Lord Sidney, dated
at Whitehall, * acknowledging the great zeal and affection
which upon all occasions he had showed for his Majesty's
service, and assuring him it would be remembered to his
advantage.'
He was the means of preventing Lord Clancarty, a
prisoner in the hands of the Government, being exchanged
for a Dutch officer, taken by the French. Judge Cox
advised the grand jury of the county of Cork to represent
his lordship's hostility to the English and Protestant inte-
rest, and the little probability of ever seeing an English
plantation in the county of Cork if he was returned to his
estate. This presentment was laid before the Lords Jus-
tices, and by them transmitted to the King, with such
support from Lords Sidney and Burlington as induced the
King to refuse the exchange, and for this Judge Cox re-
ceived the thanks of the Protestants of the county. He
issued protections to all adherents of the late King James
II. who submitted to King William III.
The state of Ireland in 1691 obliged men to fill a variety of
offices, though apparently requiring quite opposite qualities.
Thus, within half a year from Cox being seated on the
Bench of the Common Pleas, we find him appointed Mili-
tary Governor of Cork. His administration showed great
talents for the field of war as well as the courts of justice.
He quickly raised and equipped eight regiments of cavalry
and three of infantry, which did great execution among
the adherents of the House of Stuart, and took about ten
thousand pounds worth of their property. Cox states : — •
' I tooke no share of it myself, though I might have had
the tenth, but in everything I acted the part of a true
Englishman, whose heart was in the cause, and in re-
o ' '
quital, had a very hearty address of thanks from both coun-
tryes, and received from the Government 150?. by concor-
datuin, and from their Majestyes an abatement of half my
quit-rent for ever.' ' He managed the troops under his
1 Autobiography, p. 13.
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 507
command so skilfully as to be able to send 1,000 to tlic C'TTAP.
camp of William before Limerick, and to keep a frontier J" \ '. '^
eighty miles long, from Tallow to Sherkiii, and did not
lose ten men.
While he was Governor of Cork the following letter was
addressed by him to Sir James Cotter, of Ballmspurrigg, an
old acquaintance and a faithful adherent of James II.
He was a brigadier- general in the army of King James : —
'Cork, July 6, 1691.
( SIR, — Upon the score of our former acquaintance, and Kind letter
the civility which you have used to our friends whilst you !_'' s"'
J , J James
were Governor here, and since I think myself obliged to Cotter.
let you know that I have both station and inclination to
serve you. If it should happen that you throw yourself
upon, me, without capitulation (for your party is certainly
ruined, and will every minute decay), you shall undoubtedly
be used as a man of honour ; but if you are of this
opinion, bring off as many as you can and their arms,
because your terms will be so much the better. This will
seem odd if you don't apprehend the case desperate ; but
because I am sure 'tis so, therefore you have this friendly
advertisement from,
' Sir, your very affectionate
' Friend and servant,
'RlCHAKD COX.'
This letter reached Sir James, who, not despairing of
the situation, made the following friendly reply : —
' Sir, — Notwithstanding our former acquaintance, it •'y
seems you do not know me. Whatever I might have done reply.
with sitting still, when laid aside, in civilities — which for
justice's sake I distributed without distinction — I am now
convinced, and will, I doubt not, be in a condition to
return your kindness, for really your case is so desperate
that you will soon have an occasion for it, and be confi-
dent in anything that is just, you find me, Sir,
' Your very affectionate friend and servant,
' JAMES COTTER.
' Give, I pray you, my services to all old acquaintances/
508
REIGN OF WILLIAM III.
CHAP.
XXXII.
Knighted.
Reads a
paper
before the
Philoso-
phical
Society.
Visits
London.
Sir Richard Cox was better acquainted with the true
state of affairs than his old friend. Sir James sued for
his protection, which was readily granted.1
He continued to act as Governor of Minister until the
close of the year 1692, when he received the well-earned
honour of knighthood. The ceremony was performed with
the Sword of State in the Castle of Dublin, by his Excel-
lency Lord Sidney, who was a steadfast friend, not only
during his Viceroyalty, but when the changes of fortune
had doomed both to taste the bitterness of ill-requited
services.
The versatility of Sir Richard Cox's talents was dis-
played on April 26, 1693, at a meeting of the Dublin Phi-
losophical Society, held in the Provost's Rooms in Trinity
College, when he read a paper entitled ' A Geographical
Description of the City and County of Derry, and of the
County of Antrim,' before a critical and gratified audi-
ence. He bestowed very considerable attention on this
important subject, and designed a geographical descrip-
tion of the entire kingdom, of which, however, the above
paper is all I can find. It was to have included a natural
history of Ireland. Upon reading this valuable essay, he
was admitted a Fellow of the Philosophical Society, toge-
ther with the Most Rev. Dr. Vesey, Archbishop of Tuam,
and the Hon. Francis Roberts, younger son of the Earl of
Radnor, Lord-Lieutenant of Ireland.2 Shortly after this
Sir Richard visited London, and was most cordially re-
ceived. Lord Godolphin, then Premier, told him ' that
his services were so considerable that they were bound to
do for him. what they could.' This polite speech, unlike
many ministers' speeches, meant real benefit, and he
obtained an abatement of half his quit rent, and the office
of Commissioner of Forfeitures, with a salary of 400Z. per
annum .
But Cox little thought this recognition of his services
would cause him much obloquy and annoyance. It has,
1 Gibson's History of Cork, vol. ii. p. 169.
2 Harris's Life of Cox, p. 214.
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 509
however, served to place his character in the light of an CHAP.
honourable and upright man, a rare character for a poli- ..11;; — ^
tician in those days. He was quite aware that, at the
time of the capitulation of Limerick, the Lords Justices,
instructed by King William III., were quite prepared to
assure the Irish of much more favourable and extensive
conditions than they afterwards obtained by the Articles
of Limerick. His Majesty's instructions were reduced
into a Proclamation, which was afterwards styled, the
Secret Proclamation, because, though it was printed, it The sporet.
never was published. Tor the Lords Justices, finding the tion.
garrison capitulating on terms better for the English in-
terest, withheld the Proclamation.1 There was, however,
a vast number who considered the measure dealt out by
the Treaty of Limerick far too good for the Irish Papists ;
and the Sunday after the Lords Justices returned to
Dublin, the Bishop of Meath, preaching before the Gover-
nors at Christ Church, argued, ' that peace ought not to Bishop of
be observed with a people so perfidious ; that they kept sermon.
neither articles nor oaths longer than was for their
interest ; and that, therefore, these articles, which were
intended for a security, would form a snare, and would
only enable the rebels to play their pranks again on. the
first opportunity.'
This monstrous attack was replied to on the following
Sunday, by the Bishop of Kildare, who contended ' the
public faith should be kept inviolate,' and spoke so kindly Bishop of
of Roman Catholics, that he pleased the King, who re-
moved the name of the Bishop of Meath from the list of from the
Privy Councillors, and put in his place that of the Bishop
of Kildare. Yet the public were so divided by those two
right reverend opponents, that a third divine attempted
to settle the matter in dispute, and Dean Synge discoursed
on these words, ' Keep peace with all men, if it be pos-
sible.' In 1701, Sir Richard Cox became Chief Justice of
the Common Pleas.
1 Harris's Life of Cox, p. 214.
510
RCIGN OF QUEEN ANNE.
CHAP.
XXXIII.
Sworn in
Chief
Justice of
the Com-
mon Pleas,
and Privy
Councillor.
His
daughter
married.
The Queen
obtains
his advice.
CHAPTER XXXIII.
CONCLUSION OF THE LIFE OF LORD CHANCELLOR SIR RICHARD COX.
IN 1701, Sir Richard, as already mentioned, was advanced
in judicial dignity as successor to Chief-Justice Hely, who
died at Eunis, April 7, 1701, while he, with Sir Richard
Cox, were the Judges going the Minister Circuit. Ou
this sad event taking place, Mr. Justice Cox finished the
circuit alone. In the following month he was sworn in
Lord Chief Justice of the Common Pleas, and member of
the Privy Council.
One of his daughters married at this time. The mar-
riage was not fortunate, as recorded in his diary : — ' On
the 15th day of June my daughter Mary marryed Mr.
Allen Riggs, which had a good prospect, but proved an
unfortunate match.' The Chief Justiceship of the Com-
mon Pleas, with the duties of which Sir Richard's seat as
a puisne judge made him familiar, was an easy post for
him. He records in his autobiography, with much satis-
faction, his pleasant circuits round Leiuster, Munster, and
Connaught ; and while holding assizes on the last-named
circuit, in the spring of 1702, he received a letter from.
Daniel Pinch, Earl of Nottingham, informing him ' that
Queen Aime,1 having under her consideration many mat-
ters relating to Ireland, in which he might be useful to
her service, had commanded him to write that he (Cox)
should go to London as soon as conveniently he could, that
she might have his advice.' Accordingly he set sail on
the 10th of April, and whilst he attended the Queen his
opinion was taken on all matters ; but especially, first, as
to the most convenient time for the sitting of Parliament ;
Queen Anne succeeded William III. March 8, 1702.
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 511
second, which manufacture, linen or woollen, would be cilM'.
most for the interest of England to encourage in Ireland.' C_LI
He recommended, with reference to the first, ' that the
meeting of Parliament should be postponed as long as
possible ; ' and, as to the second point, ' he was clearly of
opinion that it was for the interest of England to encou-
rage the woollen manufacturers in Ireland, in the coarse
branches of it, which would prevent the wool and the
manufacturers from being carried to France, and would
not interfere with the manufacturers of England. He
thought it the most impolitic step ever taken by England
to prohibit the whole exportation of woollen manufactures
from Ireland, and showed clearly that a very grave mis-
take had been committed, which caused Lord Godolphiu important
to declare, " that they were convinced all he said was true ;
but they had the strong prejudice of the people to deal
with, who looked on the increase of the woollen manufac-
ture in Ireland with so jealous an eye, that they would
not listen to the most reasonable arguments in its favour ;
and that they compelled the late King and his ministers
to comply with their washes against their owai judgments.
That nothing could change them but their own sufferings,
which could not come so quickly as that he could expect
to see the alteration. But whenever they shall feel the
mischievous consequences of what they had so rashly done,
he ventured to prophesy that they will attribute them to
any causes, however improbable, rather than confess the
necessity of admitting their brethren in Ireland into any
share of their trade, and will try a thousand expedients
before they will put into execution the natural, and there-
fore the only one which can be effectual, and which
France would give millions of money to prevent taking
place." ' * Although the English minister could not follow
the advice of Sir Richard, they w^ere sensible of its value,
and the Queen, presented him with 5007. to defray the The Quern
expenses of his iourney in obedience to her request. I'!'1 S('MN
J . J _ linn with
During his stay in London there were rumours that
1 Harris's Life of Cox, p. 22.
512
REIGN OF QUEEN ANNE.
CHAP.
XXXIII.
Sounded as
to his wish
to be made
Lord Chan-
cellor.
Reasons
for his
declining.
Obeys the
Queen's
wish.
Becomes
Lord Chan-
cellor of
Ireland,
July, 1703.
A Parlia-
ment,
1703.
Compli-
ment of
Arch-
bishop
Vesey.
Lord Chancellor Methuen was about, to relinquish the
Great Seal of Ireland, and Sir Richard Cox was sounded
as to his wishes to be made Lord Chancellor. Having a
thorough knowledge of Irish affairs, he was not desirous
of exchanging the safe haven of the Common Pleas Bench
for the more profitable, but less secure, moorings of the
Chancery. He lost his old patron, King William III.,
who had raised him from an humble station to high
office, and whose personal knowledge of his integrity and
devotion to his true interest had protected him from the
rude attacks of party malignity. His ever zealous and
watchful friend, Sir Robert Southwell, was also dead, and
the consciousness that the station he then filled was the
best for his quiet and ease, made him unwilling to ex-
change it for an office which he might not retain for a
year, through the violence of parties at both sides of the
channel. As, however, the Queen was desirous Sir
Richard should accept the custody of the Great Seal,
when Mr. Methuen resigned the Lord Chancellorship of
Ireland to become Ambassador to Portugal, he signified
his desire to submit to the will of the Queen, and in July
1 703 he was nominated to this high dignity at the Privy
Council of England. It was very gratifying to him that
every Privy Councillor present, acquainted with Ireland,
either having been employed in its government, or natives
of the kingdom, or possessed of estates there, expressed
their warm approval of the Queen's selection. On August
6th he was sworn into office, and on the 10th of that
month writs issued for the assembling of a Parliament in
Dublin.1
Parliament met on December 24, 1703, and although
we learn it was a very busy and critical session, and that
various attempts were made to confound and expose the
Chancellor to ridicule, yet he discharged himself so satis-
factorily that Archbishop Vesey, who had sat long in that
House, and was universally known to be a competent
judge, said, ' That no person in his time guided the de-
1 Harris's Life of Cox, p. 22.
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 513
bates of that House with so much readiness, impartiality, ni.\i'.
XXXIII
and dignity as Sir Richard Cox.' ^_ ' ', __ ^
The subjects dealt with in this session were principally
dictated by animosity against Roman Catholics. The
Lords had no sooner assembled, and the Lord Chancellor,
as Speaker, taken his seat 011 the Woolsack, than the
following' entry was made in the Lords' Journal :—
* Ordered, on motion, that the Bill intituled " An Act to Anti-
prevent Popish Priests from coming into this Kingdom," ie'o-isiaiion.
be read the first time.'
The Lord Chancellor procured some salutary laws to be
enacted. One for ' the Recovery of Small Debts in a sum-
mary way.' This Act proved of great benefit to small
traders. But No-Popery legislation occupied most of the
time of the Irish Parliament. In a bill sent from England,
the clause, called ' The Sacramental Test,' was inserted, Tin- Sucni-
providing * that all persons having any office, civil or mili- ™^t!
tary (including corporate offices), shall be obliged to take
the oaths, and to receive the sacrament, according to the
usao-e of the Church of Ireland, and in default of so doiiiu-
o o
the office to be void, and whoever shall continue to act in
such office, having neglected to qualify himself, shall
incur the penalties imposed by the Test Act.'
On this bill being brought before the Lords, on Feb-
ruary 28, 170o, it was ordered, ' that Counsel appointed Ordered
to attend at the bar of the house on the petition of '!lat
L ( ourisel
Nicholas Lord Viscount Kiugsland, Richard Lord Bellew, be heard.
ColoiielJohn Brown, Colonel Thomas Burke, Colonel Robert
Nugent, Captain Arthur French, and other Roman Catho-
lics of Ireland, and persons comprised within the Articles
of Limerick and Galway, be heard what they have to offer
against the Engrossed Bill sent up by the Commons, enti-
tled, " An Act to prevent the further growth of Popery." ' l
The learned Counsel were Sir Theobald Butler, Richard
Maloiie, and Sir Stephen Rice ; the first" two in their
gowns, the third without a gown, as he appeared not for
the petitioners in general, but for himself in his private
rdh' Jour. Ir., vol. ii. p. 7o.
VOL. I. 1. L,
514
REIGN OF QUEEN ANNE.
CHAP.
XXXJ1I.
Argument
of Sir
Theobald
Butler.
Contends
the Act is
a breach
of the
Articles of
Limerick.
capacity, as one of the aggrieved persons. It is to be
observed that these Catholic lawyers were themselves
* protected persons,' within the meaning of the Articles of
Limerick ; and that they were pleading on that day not
onlv for their clients, but for themselves — for their own
v
liberty to plead in court and to wear their gowns. It was
a very remarkable scene ; and I insert here part of the
argument of Sir Theobald Butler.1 The speaker opens by
quoting the Articles of Limerick ; he proceeds :—
' That since the said Articles were thus under the most
solemn ties, and for such valuable considerations granted
the petitioners, by nothing less than the General of the
Army, the Lords Justices of the Kingdom, the King, Queen,
and Parliament, the public faith of the nation was therein
concerned, obliged, bound, and engaged, as fully and
firmly as was possible for one people to pledge faith to
another ; that therefore this Parliament could not pass
such a bill as that intituled " An Act to prevent the
farther growth of Popery," then before the House, into a
law, without infringing those Articles, and a manifest
breach of the public faith ; of which he hoped that House
would be no less regardful and tender than their prede-
cessors who made the Act for confirming those Articles
had been.
* That if he proved that the passing that Act was such
a manifest breach of those Articles, and consequently of
the public faith, he hoped that honourable House would
be very tender how they passed the said Bill before them
into a law ; to the apparent prejudice of the petitioners,
and the hazard of bringing upon themselves and posterit}r
such evils, reproach, and infamy, as the doing the like
had brought upon other nations and people.
' Now, that the passing such a Bill as that then before
the House to prevent the fiirther growth of Popery will be
a breach of those Articles, and consequently of the public
faith, I prove (said he) by the following argument : —
* The argument then is, whatever shall be enacted to
•*t is fully reported in Plowden's Appendix and in Curry's Historical .Review.
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 515
the prejudice or destroying of any obligation, covenant, or CHAP.
contract, in the most solemn, manner, and for the most .111, -'-
valuable consideration entered into, is a manifest violation
and destruction of every such obligation, covenant, and
contract : but the passing that Bill into a law -will evi-
dently and absolutely destroy the Articles of Limerick
and Gal way, to all intents and purposes, and therefore
the passing that Bill into a law will be such a breach of
those Articles, and consequently of the public faith,
plighted for performing those Articles j which remained
to be proved.
' The major is proved, for that whatever destroys or
violates any contract, or obligation, upon the most valu-
able considerations, most solemnly made and entered into,
destroys and violates the end of every such contract or
obligation : but the end and design of those Articles was,
that all those therein comprised, and every of their heirs,
should hold, possess, and enjoy all and every of their
estates of freehold and inheritance, and all their rights,
titles, and interests, privileges, and immunities, which
they and every of them held, enjoyed, or were rightfully
entitled to, in the reign of King Charles the Second ; or
at any time since, by the laws and statutes that were in
force in the said reign in this realm : but that the design
of this bill was to take away every such right, title, inte-
rest, &c., from every father being a Papist, and to make
the Popish father, who, by the Articles and laws aforesaid,
had an undoubted right either to sell or otherwise at
pleasure to dispose of his estate, at any time of his life, as
he thought fit, only tenant for life : and consequently dis-
abled from selling, or otherwise disposing thereof, after
his son or other heir should become Protestant, though
7 O
otherwise never so disobedient, profligate, or extravagant :
ergo, this Act tends to the destroying the end for which
those Articles were made, and consequently the breaking
of the public faith, plighted for their performance.
' The minor is proved by the 3rd, 4th, 5th, 6th, 7th, 8th,
9th, loth, 16th, and 17th clauses of the said Bill, all which
L L 2
f>lG EEIGN OF QUEEN ANNE.
CHAP, (said he) I shall consider and speak to, in the order as
/_' \ .^ they are placed in the Bill.
' By the first of these clauses (which is the third of the
Bill), I that am the Popish father, without committing
any crime against the State, or the laws of the land (by
which only I ought to be governed), or any other fault ;
but merely for being of the religion of my forefathers, and
that which, till of late years, was the ancient religion of
these kingdoms, contrary to the express words of the
Second Article of Limerick, and the public faith, plighted
as aforesaid for their performance, am deprived of my
inheritance, freehold, &c., and of all other advantages
which by those Articles and the laws of the land I am
entitled to enjoy, equally with every other of my fellow-
subjects, whether Protestant or Popish. And though
such my estate be even the purchase of my own Imrd
labour and industry, yet I shall not (though my occasions
be never so pressing) have liberty (after my eldest son or
other heir becomes a Protestant) to sell, ' mortgage, or
otherwise dispose of, or charge it for payment of my
debts, or have leave out of my own estate to order por-
tions for my other children ; or leave a legacy, though
never so small, to my poor father or mother, or other poor
relations ; but during my own life my estate shall be
given to my son or other heir, being a Protestant, though
never so uiidutiful, profligate, extravagant, or otherwise
undeserving ; and I that am the purchasing father, shall
become tenant for life only to my own purchase, inhe-
ritance and freehold, which I purchased with my own
money ; and such my son or other heir, by this Act, shall
be at liberty to sell or otherwise at pleasure to dispose of
my estate, the sweat of my brows, before my face ; and I
that am the purchaser, shall not have liberty to raise one
farthing upon the estate of my own purchase, either to
pay my debts, or portion my daughters (if any I have), or
make provisions for my other male children, though never
so deserving and dutiful : but my estate, and the issues
and profits of it, shall, before my face, be at the disposal
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 517
of another, who cannot possibly know how to distinguish THAR
between the dutiful and undutiful, deserving and undo- >."_' \ _|j.
serving. Is not this, gentlemen, a hard case ? I be-
seech you, gentlemen, to consider, whether you would
not think it so, if the scale was changed, and the case
your own, as it is like to be ours, if this Bill pass into a
law.
' It is natural for the father to love the child : but we
all know that children are but too apt and subject,
without any such liberty as that Bill gives, to slight
and neglect their duty to their parents ; and surely such
an Act as this will not be an instrument of restraint, but
rather encourage them more to it.
' It is but too common with the son who has a prospect
of an estate, when once he arrives at the age of one-and-
twenty, to think the old father too long in the way be-
tween him and it; and how much more will he be subject
to it, when by this Act he shall have liberty, before he
conies to that age, to compel and force my estate from me,
without asking my leave, or being liable to account with
me for it, or out of his share thereof, to a moiety of the
debts, portions, or other incumbrances, with which the
estate might have been charged, before the passing this
Act.
' Is not this against the laws of God and man ; against
the rules of reason and justice, by which all men ought to
be governed ? Is not this the only way in the world to
make children become undutiful, and to bring the gray
head of the parent to the grave with grief and tears ? '
Having concluded his argument against the clauses
affecting Catholics, Sir Theobald Butler directed the at-
tention of the House to the evils which the Bill imposed
upon Protestant Dissenters.
' The 10th, llth, 12th, 13th, and 14th clauses of this Th, r.iii
Bill relate to offices and employments which the Papists 1imi"'st";
UlSUMllltlrs
of Ireland cannot hope for enjoyment of, otherwise than «m iv..-
by grace and favour extraordinary : and, therefore, do Vj*fl
not so much affect them as the Protestant Dissenters,
518 REIGN OF QUEEN ANNE.
CHAP, who (if this Bill pass into a law) are equally with the
XXXIII . .
— *- - - Papists deprived of bearing any office, civil or military,
under the Government, to which, by right of birth and
of Pro- the laws of the land, they are as indisputably entitled,
Dissenters. as anJ other their Protestant brethren ; and if what the
Irish did in the late disorders of this kindom made
them rebels, (which the presence of a king they had be-
fore been obliged to own and swear obedience to, give
them a reasonable colour of concluding it did not), yet
surely the Dissenters did not do anything to make them
so ; or to deserve worse at the hands of the Government
than any other Protestants ; but, on the contrary, it is
more than probable that if they (I mean the Dissenters)
had not put a stop to the career of the Irish army at
Euniskilleii and Londonderry, the settlement of the Go-
vernment, both in England and Scotland, might not have
proved so easy as it thereby did ; for if that army had got
to Scotland (as there was nothing at that time to have
\ a
hindered them, but the bravery of those people, who were
mostly Dissenters, and chargeable with no other crimes
since ; unless their close adhering to, and early appearing
for the then Government, and the many faithful services
they did their country, were crimes), I say (said he) if
they had got to Scotland, when they had boats, barks, and
all things else ready for their transportation, and a great
many friends there in arms waiting only their coming
to join them, it is easy to think what the consequence
would have been to both these kingdoms : and these Dis-
senters then were thought fit for command, both civil and
O 7
military, and were 110 less instrumental in contributing to
the reducing the kingdom than any other Protestants :
and to pass a Bill now to deprive them of their birthrights
(for those their good services), would surely be a most
unkind return, and the worst reward ever granted to a
people so deserving. Whatever the Papists may be sup-
posed to have deserved, the Dissenters certainly stand as
clean in the face of the present Government as any other
people whatsoever : and if this is all the return they are
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 519
like to set. it will be but a slender encouragement, if CHAP
XXXIII
ever occasion should require, for others to pursue their -"_' ", . _'-
example.
' The great charter of Magna Charta provides that Counsel
no man shall be disseized of his birthright, without com-
mitting some crime against the known laws of the land in Charta.
which he is born or inhabits. And if there was no law in
force, in the reign of King Charles II., against these
things (as there certainly was not), and if the Koman
Catholics of this kingdom have not since forfeited their
right to the laws that then were in force (as for certain
they have not) ; then with humble submission, all the
aforesaid clauses and matters contained in this Bill, in-
tituled An Act to prevent the further growth of Popery, are
directly against the plain words and true intent and mean-
ing of the said Articles, and a violation of the public faith
and the laws made for their performance ; and I therefore
hope this honourable House will consider accordingly.'
I refer briefly to the arguments by which this reason-
ing was met. It was objected that the Counsel for the
Catholics had not demonstrated how and when (since the Reply to
making of the Articles of Limerick) the Papists of Ireland
had addressed the Queen or Government, when all other
subjects were so doing ; or had otherwise declared their
fidelity and obedience to the Queen. Further it was urged,
by way of repl}", ' That any right which the Papists pre-
tended to be taken from them bv the Bill was in their own
tt
power to remedy, by conforming, as in prudence they ought
to do ; and that they ought not to blame any but them-
selves.' It was still further argued that the passing of
this Bill would not be a breach of the Treaty of Limerick,
because the persons therein comprised were only to be put
into the same state they were in in the reign of Charles II. ;
and because in that reign there was no law in force which
hindered the passing of any other law thought needful for
the future safety of the Government : lastly, that the
House was of opinion that the passing of this Bill was
needful at present for the security of the kingdom ; and
520 REIGN OF QUEEN ANNE.
CHAP, that there was not anything in the Articles of Limerick
C ^ ', to prohibit them from so doing.
In the argument before the Lords it was admitted on
the part of the petitioners, that the legislative power caii-
not be confined from altering and making such laws as
shall be thought necessary, for securing the quiet and
safety of the Government ; that in time of war or danger,
or when there shall be just reason to suspect any ill
designs to disturb the public peace, no articles or previous
obligations shall tie up the hands of the legislators from
providing for its safety, or bind the Government from
disarming and securing any who may be reasonably sus-
pected of favouring or corresponding with its enemies,
or to be otherwise guilty of ill practices ; — ' Or, indeed,
to enact any other law,' said Sir Stephen Rice, ' that may
be absolutely needful for the safety and advantage of the
public ; such a law cannot be a breach of either of these,
or any other like articles. But then such laws ought to be
in general, and should not single out, or affect, any one par-
ticular part or party of the people, who gave no provocation
to any such law, and whose conduct stood hitherto unim-
peached, ever since the ratification of the aforesaid Articles
of Limerick. To make any law that shall single any par-
ticular part of the people out from the rest, and take from
them what by right of birth, and all the preceding laws of
the land, had been confirmed to and entailed upon them,
will be an apparent violation of the original institution of
all right, and an ill precedent to any that hereafter might
dislike either the present or any other settlement, which
should be in their power to alter ; the consequence of
which is hard to imagine.'
The Lord Chancellor having then summed up all that
LorilLliiin- x
ceiior Hums offered at the Bar, the House of Lords proceeded to pass
the Bill without delay. And it is really remarkable that
in neither House did one single Peer or Commoner offer a
word of remonstrance against its passage. A few days
after, on March 4, 1703, it received the Royal Assent.1
J Lords' Jour. Ir., vol. ii. p. 87.
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 521
Puhigg, in his ' History of the King's Inns,'1 deals very THAI'.
hardly with Sir Richard Cox. He says, ' Orinond had a .xxxlil'.
worthy associate in Sir Richard Cox, who became an into- 1)uhi^-r's
, cnara«ter
rested apostate from Irish Whiggism, and exerted official of si,-
influence to emulate the courtly system of that day. The u^1"11''1
corrupt spirit of domestic faction seconded and extended
English Toryism. To effectuate this important purpose,
the new Chancellor claimed the exclusive patronage of the
Queen's Inns. Cox's feelings suggested that the genius of
self-interest governs mankind, whereby honour and virtue
become victims to that grim idol. He conceived that the
legal body would, therefore, anxiously follow and steadily
support the distribution of professional favour, fortune,
and honour. As no presumption exceeded his arrogance,
neither was innocence or insignificance beneath the pres-
sure of his malignity.'
The Session having concluded, his Excellency the Duke
of Ormond left for England; whereon, on March 23, 1704, Lord Jus
the Lord Chancellor was sworn as Lord Justice of Ireland, ^^
together with Hugh Earl of Mount Alexander, and Lieu-
tenant-General Thomas Earl. During their government,
in 1704, large drafts of troops went from Ireland to Portu-
gal ; and the Lord Chancellor exerted himself so ably to
ensure the comfort of the soldiers during their voyage, Letter of
he received a letter of thanks from the Earl of Gal way, lbaul;s '"
Commander of the Forces in Portugal. cellor. '
The Duke of Ornioiid resumed his official duties in
November 1704, and the advancement of Irish manufac-
tures again engaged the attention of the Lord Chancellor.
He procured a measure to be passed, which allowed the
Irish linen manufacturers to export their goods directly to
the Colonies, then called the Plantations.
In the June following Sir Richard was again Lord
Justice, with Lord Cutts, Commander of the Forces ; and
on June 27, 1705, he records in his autobiography, that
the Privy Council dined with him at his house in Palmers-
town.
1
History of King's Inns, p. 259.
REIGX OF QUEEN ANNE.
CHAP.
XXXIII.
Palmers-
town
Created a
Baronet in
1706.
Statute
regulating
the election
of a Vice-
roy pro
tern.
Sir Richard resided at Palmerstown l during tlie time lie
was Lord Chancellor.
In October 1706, the Lord Chancellor AVOS created a
Baronet, as a mark of Queen Anne's favour, and in recog-
nition of his great services. But the Ministry were then
tottering, and rumours of the Duke of Ormond's being
changed as Lord Lieutenant of Ireland were afloat. The
conduct pursued towards him. made it appear as if the
Ministry wished to cause him to resign. Appointments to
high offices in Ireland were made without consulting him;
and, when the Speaker of the Irish House of Commons
repaired to London, where the Lord- Lieutenant then was
staying, to present the Address to the Queen on the suc-
cess of the troops, he was introduced by the Lord Trea-
surer, instead of the Lord-Lieutenant, by whom of right
he should be presented. The Duke accepted the lame
excuses of the Lord Treasurer, rather than gratify his
enemies by resigning.
Meanwhile, a matter which caused some anxiety to the
Lord Chancellor took place in Ireland. On January 26,
1706, his colleague as Lord Justice, Lord Cutts, died
suddenly.
The Statute cf 33 Henry VIII. required, 'That the
Chancellor should issue writs to the King's Councillors in
the shires of Dublin, Cork, Kerry, &c., to elect a Governor,
upon the avoidance of every the King's Lieutenant, De-
puty, or Justice of the Realm, by death, surrender, or
1 This village, situated on the southern bank of the river Liffey. is said to
derive its name from a venerable yew tree of great s-ize, which for centuries
cast its sheltering boughs over the grass-grown graves in the old churchyard.
The yew tree furnished the emblematic palm borne by Roman Catholics on
Palm Sunday ; but I think it more probable the place was called from some
pious palmer, who in the time of the crusades endowed the hospital for lepers
hore, mentioned in Archdall's Monasticon Hibernicum. The old church is
supposed to be older than the English invasion. It consists of choir and nave
connected by a semicircular arch of genuine Irish character. It is identical
with that of O'Rourk's tower, at Clonmacnois, the sides incline and the imposts
are plain and square. The original doorway is also square-headed like the
Irish doors, and situated in the centre of the west gable. Palmerstown House
was long the seat of the Temple family ennobled by the title of Viscount Pal-
merstown. It now is a seat of the Earl of Donoughmore.
LIFE OF SIR RICHARD COX. LORD CHANCELLOR. .',2:5
departure out of the Kealm ; and upon the election, that CHAP.
he should seal Letters Patent, and such person, being1 1.11, _ ^
sworn, should have the like authority, pre-eminence, and
dignity to every purpose and respect, as the King, Lieu-
tenant, or Deputy then next before him used to have, &c.,
until the King do admit and authorize one to be his Lieu-
tenant or Governor, and until he be sworn as accustomed.'
The morning after Lord Cutts' decease, the Lord Chan- Lord Chan-
cellor met the Privy Council at the Castle of Dublin, and
requested their advice as to the course to be taken 011 the ^le •Pm7
occasion. They expressed a unanimous opinion he should rpheir acl_
at once issue writs, and proceed to a new election ; and, vice-
those more zealous for this course, declared their readiness
to elect him sole Governor, as had been done a few years
previousl}7, when, on the death of Lord Capel, Sir Charles
Porter, then Lord Chancellor, had been elected sole Lord
Justice. But Sir Richard Cox felt doubts as to the pro-
priety of this course. He could not, and would not tiust
men he knew capable of misleading him; and, in. oppo-
sition to the Privy Council, declared ' he could not, in the Chancellor
present case, proceed to an election, but must wait the fromthe
Queen's nomination of New Justices — because, 1st. The Council.
Statute plainly related to Head Governor only, and the
Lord-Lieutenant was Head Governor ; for the Lords
Justices, by their Patent, were to act by his instruction
even after his departure. His authority was to continue
by an express clause in their Patent ; he signed all com-
missions of the army, and all orders from the Queen were
directed to him. 2nd. There was no avoidance of his (the
Lord-Lieutenant's) Commission by departure, for he was
absent by license, and, therefore, not within the Statute.
3rd. The words ' Until the King authorise a New Governor,
and until he be sworn,'* demonstrate that the Statute cannot
operate when there is a Governor in being, authorised by
the Queen, and sworn already ; and, therefore, he con-
cluded ' that the Government was not void but unsupplied.'
He added, ' That he thought it would be very dangerous,
and of evil consequence, if he assumed a power not
524
KEIGN OF QUEEN ANNE.
CHAP.
XXXIII.
Prece-
dents.
Case in
point.
The Chan-
cellor
considered
right.
Duke f)f
Ormond
removed.
Also the
Lord Chan-
cellor.
Freeman
Lord Chan-
cellor.
warranted by the Statute ; but that no detriment could arise
from deliberating and considering well what ought to be
done ; and since proceeding upon such writs would take
up at least a fortnight, and that he might reasonably
expect to know her Majesty's pleasure within that time,
having sent two expresses for the purpose, there was no
reason to be precipitate.' These arguments failed to satisfy
the dissentients, and the Lord Chancellor accordingly care-
fully consulted precedents, — one most in point was that of
the Lord Deputy Wandesford, who died on December 3,
1640, when the Lord-Lieutenant, the Earl of Strafford,
was a prisoner in the Tower; and, though he was then in
confinement, and the times perilous, they did not proceed
to a new election, but used the words, 'that the Govern-
ment was unsupplied.'
The Chancellor referred his reasons and precedents to
the Judges and Law Officers, who, with one or two excep-
tions, agreed ' that the Chancellor ought not to issue writs.'
The Queen, and all the legal authorities in England, held
the Chancellor was right, but it obliged the Ministers
to remove the Duke of Ormond. A Patent passed Feb-
ruary 15, 1706, naming the Primate and Lord Chancellor
Lords Justices.
On April 10, 1707, the Ministers waited on the Duke of
Ormond, and, with many compliments for his past services,
informed him the Queen desired to appoint another to
relieve him of the charge he had so long administered,
and had appointed the Earl of Pembroke in his room.
The Lord Chancellor shortly afterwards received the like
compliments, and a promise of compensation.
On June 30, Sir Eichard delivered the Great Seal to the
Lord-Lieutenant, who handed it to Chief Baron FREEMAN,
appointed his successor. Sir Eichard would have willingly
retired to his estate in the county of Cork, but he was
aware his enemies were preparing to attack him, and re-
solved to meet them face to face. This kept him in
Dublin ; and he had not long to wait before the attack
was made. The House of Commons was the field selected,
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 525
and the first ground of complaint was Sir Bichard's omis- niAl'.
sion to elect a Lord Justice on the death of Lord Cutts. ^_1_V— _^
The House resolved, ' 1st. That by the death of Lord Cutts ?,'r,
J Richard
on January 26, 1706, the Kingdom became destitute of a Coxat-
Governor residing in the same until February 15 follow-
ing. 2nd. That no writ was issued by Sir Richard Cox,
Lord Chancellor, for electing a Justice, pursuant to the
Statute of 33 Hen. VIII., from January 26 to February 15,
1706, at which time the Primate and Lord Chancellor Resoln-
were constituted Lords Justices under the Great Seal. ^onsoftlie
Commons.
3rd. That it was and is the indispensable duty of the Lord
Chancellor or Lord Keeper, when the Kingdom is destitute
of a Lieutenant, Deputy, or other chief Governor, residing
within this Kingdom, immediately to issue writs to sum-
mon the Privy Councillors to elect a chief Governor pur-
suant to the Statute of 33 Hen. VIII.'
As this course was against precedent, and the opinions
of the Attorney and Solicitor-Generals of England, and
ten of the Judges, and most eminent lawyers of Ireland,
Sir Richard lost nothing in reputation by these resolutions
of the Commons, and then the subject dropped. He em-
ployed his leisure in theological writings. In 1709, he
published an ' Address to the Roman Catholics in Eng- Writes
land,' and wrote ' An Enquiry into Religion, and the use rul|f-r|"us
books.
of Reason in reference to it.' When in London, in 1710,
engaged about the publication of his works, the Lord
Chancellor of Ireland, MK. FEEEMAN, was found to be
mentally incapacitated for his office, and some Members of
the Government observed that Sir Richard Cox should
again hold the Irish Great Seal. This was not so arranged,
but the Chief Justiceship of the Queen's Bench was chance of
offered to, and accepted by him. In this important posi- ajj;:im olj"
. taming the
tion he had to exercise all his prudence, for party-spirit Chaucel-
ran very high, and there was extreme jealousy of those in
authority. Sir Richard Cox was much esteemed by the Lord chief
T t- *
Duke of Shrewsbury, Lord-Lieutenant at this time, a
nobleman of high honour, integrity, and candour.
526
KEION OF QUEEN ANNE.
CHAP.
XXXJII.
On the
death
of Queen
Anne loses
his place.
Serious
charges.
Case of
Grimes.
Of Hnyclon
and Erwin.
Of Moore.
By the death of Queen Anne on August 1, 1714, Sir
Richard Cox and also Lord Chancellor PHIPPS lost their
appointments. Cox retired to his country-seat, where he
hoped to enjoy that repose which his years and labours so
much needed ; but the malice of his enemies disturbed his
quiet. Parliament assembled November 12, 1715, and
before long Sir Richard found that a long life passed in
the service of his country, and the utmost zeal displayed
for the advancement of the Protestant religion, were not
sufficient to shield him from the charge of disloyalty to
the throne and disregard for the interests of Protestantism.
o
His conduct as a judge was impugned in the case of
Mr. Dudley Moore ; also for discharging one James Grimes
without trial ; and for not trying William Heydoii and
Patrick Erwin at Wexford during the Summer Assizes of
1714. But these charges fell to the ground on investiga-
tion, and could not be substantiated. Grimes, who was
represented, as being a dangerous traitor, proved to be a
harmless fool. When the cases of Hej don and Erwin were
called on at the Assizes of Wexford, where the Chief
Justice presided, the Crown Council applied to the Chief
Justice to postpone the trial to the next assizes, as the
evidence was then insufficient to obtain a conviction, and
they expected by that time to have further testimony ; so it
being clearly shown that the Crown caused the delay, this
also failed. The charge against the Chief Justice respect-
ing his conduct in Moore's case sounded very alarming :
' That the rule made by the Court of Queen's Bench in
the case of Dudley Moore, Esq., whereby the Clerk of
the Crown was ordered to strike a jury for his trial,
was unprecedented, arbitrary, and illegal, and a high in-
vasion of the rights and liberties of the subject of Ireland.
That Sir Richard Cox, late Lord Chief Justice of the
said Court, by making such rule, acted partially, arbi-
trarily, illegally, and contrary to his oath and duty as a
judge.'
This was a most serious charge to make against one
LIFE OF SIR RICHARD COX, LORD CHANCELLOR. 527
•who had filled such stations, and therefore we must care- CHAP,
fully see how it was answered. ' _' ' j,
Mr. Moore's case was this : — The Irish Government had
forbidden a prologue to be spoken at the Dublin Theatre
on November 4, 1712, to the play of 'Tamerlane.' Mr.
Moore, accompanied by one or two young gentlemen, in
defiance of the Government, repeated the prologue on the
stage in disregard of the entreaties and opposition of the
actors. There was considerable disturbance on the occa-
sion, and consequently the Government directed a prose-
cution for a riot against Moore and his associates, and
they were accordingly indicted. The Queen, however,
commanded a noli prosequi against all but Moore. Before
proceeding to his trial, the Attorney- General stated ' that Motion
the partiality of juries returned by sheriffs appeared lately Attorney-
iii many instances, and he moved the Court that their General,
officer be directed to strike an indifferent jury from the
book of freeholders, returned by the Sheriff of Dublin, to
try this issue between the Queen and the traverser, as
was constantly done in like cases in England.' This appli- Practice in
cation was opposed, and after a very able argument, curia
advisatn vult. Before giving judgment the Judges pro-
cured certificates as to the practice in England, and find-
ing the practice and opinions of the Judges there in
favour of the motion, the Irish Court of Queen's Bench Judgment
granted the application for the following reasons :— c'.urt
' I. Because the Common Law of England and Ireland granting
is the same, and is preserved in Ireland by the jurisdiction
which, the Court of Queen's Bench in England hath over
that Court in Ireland.
* II. This has been the constant practice of the Queen's
Bench in England for one hundred years past. It was
done 011 the trial of the Seven Bishops, and was not com-
plained of in the Bill of Eights.
' III. The Queen's Bench in Ireland has the power to
make the rule, being the supreme court of law of the
kino-dom. And there would be a failure of justice if the
528
BEION OF QUEEN ANNE.
Sir
.
1 i-<
CITAP. court did not exercise its power to order what is necessary
v_ll, ^ to obtain fair trials.'
This was a complete answer to the charge of Sir Richard
Cox acting illegally and contrary to his oath as a judge.
He was also subjected to much obloquy on account of a
Report of a Committee of the House of Commons concern-
ing the election of Lord Mayors of Dublin, and the Com-
mittee reported 'that Sir Richard Cox, late Lord Chief
Justice of Ireland, being a member of the late Privy
Council, and present when the Rolls and evidences of the
city are produced at the Council Board, and having the
perusal of these Rolls, acted partially and corruptly in
making the said report, and thereby intended to impose
on her late Majest}r, and is guilty of high crimes and
misdemeanours.
' That it is the opinion of this Committee, removing the
Lord Primate and Sir Constantine Phipps from the Go-
vernment of the kingdom, dissolving the late Privy
Council, and displacing the late Judges and Queen's
Counsel who signed the said Reports, was a seasonable
instance of his Majesty's justice and tender regard for the
welfare and happiness of this kingdom.'
The contest respecting the appointment of Lord Mayor
of Dublin began in 1709, and is related fully in Harris's
edition of Ware.1 Sir Richard Cox, as well as the other
Judge, took no part whatever in this dispute, but the
Report of the Attorney-General was referred to a Com-
mittee authorised to examine the matter, with power to
call the Judges to their assistance, and to send for the
books and charters of the city. The advice of the Judges
was accordingly obtained. They very minutely investi-
gated the matter from the reign of Henry III., and the
Recorder of Dublin was so perfectly satisfied with Sir
Richard Cox's conduct, that he stated 'that the Chief
Justice intended no more on his part than to preserve
the succession in the city, and thereb}^ prevent tumults
and disorders usually attending contested elections.' Con-
scious how little he deserved such treatment from the
1 Vol. ii. p. 232.
Xm-tf
rtiff Y
1'roin the-
Krrol-di-r
to Chief
Justict-
Cox.
LIFE OF SIE EICHAED COX, LORD CHANCELLOR. 529
Irish Parliament, made him unwilling tamely to ac- CHAP.
quiesce in it ; accordingly he proposed a statement of .J_' 'T _'-
his long and important services to the Protestant and Cox pre-
English interest in Ireland, and intended to claim an
audience and present it to King George I. Before doing tionofhis
so he sought the advice of influential persons at Court, and the King.
they, probably considering his advanced age, and that he
had had a fair share of places and emoluments during his
career, dissuaded him from taking this step. One of Dissuaded
them writing to him on November 7, 1716, recommended seuting it.
' he should now give over all thoughts of public business ;
because, in truth, any concern about that, or even a com-
pensation for past services, would be vain. For there is so
much fresh merit as yet unsatisfied that the old is grown
very stale.' l
This hint showed that urging his claim would be futile, His later
and with the good sense which guided his course through a>
life, he took it. He lived for the rest of his days in his
country place — not in vain repining or listless idleness,
but in works of improvement to his estate, in deeds of
charity, and in study.
His figure was tall and well-proportioned, his features Personal
handsome, his manners pleasing and dignified. He was a ^nce^
staunch Protestant, but is open to the charge of bigotry
and intolerance for the opinions he held, and the language
he used, towards Roman Catholics and their Creed.
Many of his addresses to the Grand Juries are full of His anti-
the most monstrous attacks upon the Catholic religion, b^Sj
and the most sacred of its tenets. Thus at the Summer
Assizes at Kilkenny, July 1714, he said : — ' So there can
be no peace with Rome without swallowing all her su-
perstitions and idolatries, and without believing that
monstrous doctrine of transubstantiation, which everybody
knows to be false, as certainly as he knows anything in
the world to be true.' 2
Apart from this religious craze he was a very excellent A good
man, and an able judge— better adapted, it would appear,
1 Life of Cox, Ware, vol. ii. p. 250. l Ibid. p. 251.
VOL. I. MM
530
EEIGN OF QUEEN ANNE.
CHAP.
XXXIII.
Kingsland
v.
Barnwall,
in the
English
House of
Lords.
Domestic
and social
character.
Dies at his
country-
seat, 1733.
for the Court of Chancery than those of Common Law ;
for as reason is the root of all law, he considered the
Equity jurisdiction more consonant with reason than the
proceedings in the Law Courts, which he regarded as fet-
tered by precedents and rules of pleading.1 His decisions
in Chancery were usually affirmed on appeal, the best
proof of their soundness. Mr. Harris, alluding to the
respect paid to the Chancellor's judgments, says : — ' In
the great cause between Lady Kingsland and Mr. Barn-
well, he gave judgment for the defendant. The lady upon
her appeal was supported and favoured by the Minister
and the greatest influence in England, yet, after a long
hearing, his decree was confirmed unanimously in the
fullest House that had been known on such an occasion, to
the great honour of the Lords and the Chancellor, the
pleasure of his friends, and the mortification of his ene-
mies, who descended so low as to solicit against his
decrees, not sparing to hurt his credit and reputation at
the expense of the innocent suitors.' 2 Sir Richard Cox
was most exemplary in the various relations of life, as
husband, father, master, friend. He was also an admir-
able raconteur, telling anecdotes with great humour, and
esteemed a pleasant companion.
In the retirement of the country and the society of his
family, he reached the ripe age of fourscore and three years.
He died May 3, 1733, leaving a son who inherited the
baronetcy as Sir Richard Cox, one daughter, and several
grand-children.
1 The course of legislation and codification now in progress tends to efface any
distinction between the systems of Law and Equity. Vide the able address of
Lord "Westbury at the Anniversary Meeting of the Juridical Society, London,
March 30, 1870.
2 Harris's Life of Cox, Ware, vol. ii. p. 251.
LIFE OF LOKD CHANCELLOR FREEMAN. 531
CHAPTER XXXIV.
LIFE OF LORD CHANCELLOR FREEMAN.
IT is seldom, indeed, that the life of a mere lawyer who CHAP.
''
has never been much of a politician, whose years were
passed in the practice of his profession, has much general Llves of
interest. Unlike those who have won renown in science, lawyers.
literature, or art, who have distinguished themselves as
statesmen, or as warriors, they pass the even tenor of their
lives without achieving any lasting fame. The monotonous
and almost mechanical routine of Court practice, occupying
them during the sittings of the Courts, and all they can
expect to win, is the constant repetition of their argu-
ments in the Law or Equity Reports, and the fortunes
they acquire by professional labours.
But it is not without value to know what manner of Birth of
man an eminent lawyer, such as RICHARD FREEMAN was. Freeman.
There is something in the life of every one to instruct by
example. We learn what to follow or avoid, what to
imitate or to shun, and in proportion as he influenced
others, is it important to us.
Richard Freeman was born about the year 1646, and
received an excellent education. He was a devoted law-
student, and took great pains in preparing himself for his
legal career.
Having completed his legal studies, he was called to the failed to
Bar of the Middle Temple, and soon was known in West-
minster Hall. The precise time of his beginning to prac-
tise I have not been able to ascertain, but his reports Law Re-
T)OI*t f*T"
commence in Michaelmas Term 1670, and show a con- 1070.'
siderable familiarity with the practice of the Courts. It
was not the habit of barristers at this date to confine
themselves to the branches of Law and Equity which
M M 2
532
KEIGN OF QUEEN ANNE.
CHAP.
XXXIV.
Obtains
the friend-
ship of
Lord
Somers.
Recom-
mended
for Chan-
cellor.
Mistake as
to date of
his ap-
pointment.
Chief
Baron of
the Ex-
chequer in
Ireland.
Maladmi-
nistration
of the
revenues
of the
King's
Inns.
sprang up later. la the preface to the first edition of
Freeman's Reports, the editor remarks, ' These cases in
Law and Equity were collected by Richard Freeman,
heretofore of the Middle Temple, Esq., during the course
of his practice of those two laudable and praiseworthy
branches of the profession in Westminster Hall. That
his merit, industry and genius were great,, singular and
conspicuous, will not, nay, cannot be denied, especially
when it shall be known that his eminent qualities and
rare talents introduced him to the friendship and esteem
of that truly noble, virtuous, and learned lawyer, states-
man, and Privy Councillor the late John Lord Somers,
who, in the year 1706, had so high an opinion and just
judgment of Mr. Freeman's integrity and abilities as to
recommend him to the important office of Lord Chancellor
of Ireland, then vacant, at which post he was deservedly-
placed by his sovereign.' l
The writer of these laudatory remarks is not correct in
point of date. The office vacant on the Irish Judicial
Bench in 1706, was not that of Lord Chancellor, but Chief
Baron of the Exchequer, to which no doubt Mr. Freeman
was appointed, mainly by the recommendation of Lord
Somers. That great judge was well aware of the industry
and legal knowledge of the learned reporter, whose pub-
lished notes have been often favourably mentioned from
the Bench.2 On the death of Chief Baron Donnellan in
1706, Richard Freeman was appointed in his place Chief
Baron of the Exchequer in Ireland.3
Duhigg, in his History of the King's Inns, makes sad
complaint of the way that Institution was then managed,
which he attributes to the maladministration of the Chan-
1 Vide Freeman's Eeports, Preface to first edition.
2 The Solicitor-General Mitford, afterwards Lord Eedesdale, and Lord
Chancellor of Ireland, remarked that Mr. Freeman's notes, though of not much
reputation, were better than they are supposed to be, that the character they
had arose from their being stolen by a servant, and published without the
privity of the family. The Lord Chancellor, Lord Lougbborongh, said. ' They
were generally very good,' and Lord Mansfield also mentioned them favourably.
3 Vesey, Jun. p. 580. Vide also Eex v. Gange, Cowper's Eep. p. 15.
3 Patent dated August 3, 1/06, 5 Anne I", pars d, E. 60.
LIFE OF LORD CHANCELLOR FREEMAN. 533
cellor Sir Eichard Cox. The Steward was displaced, and CHAPV
a minion of the Chancellor's fixed in his room. There '-»11_^J.
were arrears enforced to make funds. Cost Commons traces
back as far as 1090. Duhigg writes in very unmeasured
language : ' What prudent man would not prefer the pay-
ment of ten or twelve pounds, rather than encounter the
licensed slander of a protected defendant, or the relentless
fury of a ruffian armed with ministerial power, and by no
means scrupulous in the exercise of it?' Chief Baron
Freeman did not preside very long on the Exchequer
Bench. The Ministry of Churchill, Godolphin, and Lord
Seiners caused changes in Ireland. The removal of Sir Sir Rich-
1 V( 1 {"'Vl Y
Eichard Cox from the office of Chancellor having been remove<i
decided on, Chief Baron Freeman was selected to supply {™m th®
Court of
his place, and the patent for his appointment bears date Chancery,
June 30, 1707.' £j£
A curious order was made in the Irish House of Lords, Freeman
August 28, 1710. Ordered on motion ' that for the future, JTre- 6
in all cases of Appeal, neither the appellant or respondent J^™6"*
do provide either meat or drink for the Lords.' Appeals.
Amonff the laws which were enacted while Freeman
O
was Chancellor were some affecting the trade and manu-
facture of Ireland. The linen trade was one of the staple
manufactures of the country, and zealously guarded by
Acts of Parliament. Appeals were allowed in case of
murder, notwithstanding the Statute of 10th Henry VII.
whereby murder was made high treason.2
Some personal indignity was offered to the Lord Chan- Affront to
cellor while acting as Speaker of the House of Lords in chan-°U
Ireland, by a person named Luke Byrne, on August 21, gr"°j:er of
1710. The House resolved to take notice of it, and on the the Lords.
following day, Wednesday, it was ordered on motion that
the Sergeant-at-Arms attending this House do forthwith
O "
take into his custody the body of Luke Byrne, for a con-
tempt by him committed against this House in affronting
1 6 Anne I«, pars f, R. 24.
2 Lords' Jour. Ir. vol. ii. p. 360.
534
EEIGN OF QUEEN ANNE.
Culprit re-
primanded
and dis-
charged.
Reform in
the King's
Inns.
CHAP, the person of the Speaker of this House yesterday ; and
. , — ^ him, so taken, to bring to the Bar of this House.1
Luke Byrne was accordingly taken into custody, and
not wishing to appear in contempt, presented a petition to
the Lords. The petition being read, the culprit was
brought into the House, and on his knees, reprimanded
at the Bar. Thereon he was ordered to be discharged,
first paying the fees due to the several officers attending
the House.
While Freeman was Lord Chancellor, the state of the
revenue of the King's Inns was much more carefully
looked after than it had been previously. A committee
was appointed to take the steward's accounts from his
accession to the office, and to report to the society how
they find the same at their meetings. This was in 1707.
The next important reference we find in connection
with the Lord Chancellor was a rule of the King's Inns,
dated June 15, 1710, 'that every barrister, six-clerk, or
attorney, admitted to practice, be obliged previously to
give bonds in twenty pounds, with sufficient sureties to
the treasurer for the time being, to perform and observe
the rules, orders, and directions of the society.'
' This,' observes Duhigg,2 ' closed that Lord Chancellor's
connexion with the King's Inns Society and Irish Govern-
ment.' It is noticeable that in Queen Anne's reign, for the
first time, the word Bencher appears.
Chancellor To the grief of his friends, and he had many, the
vigorous intellect which had distinguished the Chancellor
suddenly broke down, and one of the saddest afflictions
that can befall suffering humanity, the loss of reason, over-
whelmed him. He was obliged to give up that exertion
which had been the delight of his life, and relieved the
most abstruse legal problem from the appearance of a
task — the practice of the law. The account of his illness
soon spread, and Sir Richard Cox once more hoped to receive
deranged.
1 Lords' Jour. Ir. TO!, ii. p. 353.
2 History of the King's Inns, p. 262.
LIFE OF LORD CHANCELLOR FREEMAN. 535
the Great Seal. The Lord Chancellor did not long outlive CHAP,
his reason. He died 011 November 20, 1710.1 xxxiv.
Of course the Great Seal was at once put in Commission, ^,!ltrio
and the Archbishop of Dublin, Robert Earl of Kildare, and Great Seal
Thomas Keightly were appointed Commissioners. Their m{8^^
patent was dated November 28, 1710, and signed by the
Privy Council, and in a short time the Great Seal of
Ireland was intrusted to Lord Chancellor Phipps. I regret Sir Con-
not being able to present a fuller memoir of Lord Chan- p^pl"6
cellor Freeman ; a Chancellor whose early labours have appointed.
been so beneficial to the profession in preserving the judicial
determinations of causes heard before such shining lights
as Vaughan, Sir Matthew Hale, Holt, and North. Lord
Redesdal, subsequently Lord Chancellor of Ireland, further
perpetuated his name and fame by assuming in 1809 the
surname and arms of Freeman.
1 Ware's Irish Writers by Harris, p. 226.
536 KEIGN OF QUEEN ANNE.
CHAPTER XXXV.
LIFE OF LORD CHANCELLOR SIR CONSTAKTHSTE PHIPPS.
CHAP. THE father of SIR CONSTANTINE PHIPPS, ancestor of the
XXXV
late Marquis of Normality,1 one of the most popular Irish
f SirCon- Viceroys, was a distinguished naval officer eminently
stantine skilled in mathematics. He was the inventor of the
diving-bell, which has done so much to recover treasure
of the lost by shipwreck. It was but just the inventor should
Bell. turn his discovery to profitable use, and this achievement
Ma£fsn is thus recorded on the tomb raised to his memory, in
profitable J '
use of it. the church of St. Mary Woolnoth, London :—
His epi- Near this place is interred the body
taph. Of Sir William Phipps, Knt., who in the year
1687, by his great industry, discovered among
The rocks, near the banks of Bahama on
The north side of Hispaniola, a Spanish plate
Ship, which had been under water 44
Years, out of which he took in gold and
Silver to the value of three hundred
Thousand pounds sterling, and with a
Fidelity equal to his conduct, brought it
, All to London where it was divided
Between himself and the rest of the adventurers ; for
Which great service he was knighted by his
Then Majesty K. James II. and afterwards
By the command of his present Majesty,
And at the request of the principal inhabitants
Of New England, he accepted the government
Of the Massachusetts, in which he continued to
The time of his death ; and discharged his trusts
With that zeal for the interest of his country,
And with so little regard to his own private advantage,
That he justly gained the good esteem and affection
Of the greatest and best part of the inhabitants of that
Colony.
He died 18th Febniary, 1694;
And his Lady, to perpetuate his memory,
Hath caused this monument to be erected.
1 Lodge's Peerage of Ireland, vol. vii. p. 83.
LIFE OF SIR CONSTANTINE PHIPPS, LORD CHANCELLOR. 5-37
From this just governor and distinguished man the CHAT1.
noble line of Phipps has descended, but it is of his son -J.' *r _ '^
Constantine it is my province to write.
He was born while his father was distinguishing- himself Birth of
—sustaining the British flag upon the waves — about the ° '
year 1650, and, devoting himself to the study of the law,
was in due time admitted to its practice. The name
of Constantine Phipps appears in the books of the
Inner Temple in 1682. He was always industrious,
and, though partial to the amusements of young men
in his position — yachting, rowing, fishing, and riding-
he did not neglect to store his mind with legal lore.
He was very well prepared when he commenced to prac-
tise his profession, for he acted 011 the maxim, ' he who His pro-
is not a good lawyer before he conies to the bar, will re'putation.
never be a good one after it.' Though he preferred the
Equity business, and was a very good Chancery lawyer, he
by no means declined the work of nisi prius, and in the
King's Bench, Common Pleas, and Exchequer Mr. Phipps
was not unknown. He had powerful friends, and when a
barrister shows such talents as secures him abundance of
briefs, and his reputation as a lawyer is well established,
and he is a useful member of Parliament, politicians pro-
phesy his rise, and the Ministers are sure to fulfil the
prediction.
Mr. Phipps acquired a very distinguished position during
Queen Anne's reign. In 1709, he, being then knighted,
was appointed Lord Chancellor of Ireland, and was shortly Lord Chan-
sworn in Lord Justice. An entry in the Kiiig-'s Inn. Eoll Sel!or *?f
J Ireland,
recites1 — 'Termino Hilarii, 1710, Memorandum quod Ex- A.D 1709.
cellentissimus Coiistantinus Phipps, miles unus Domino-
rum Justiciarioruni hujus regni Hibernise, et Dominus
Cancellarius ejusdem regni, ad humilem petitionem justi-
ciariorum et aliorum jurisperitorum hujus societatis, dig-
natur de inter socios hujus hospitii connurnerari.'
The Lord Lieutenant of Ireland was Thomas Earl of E;irl of
Wharton,
Lord Lieu-
1 Duhigg's King's Inns, p. 263. tenant.
538
EEIGN OF QUEEN ANNE.
CHAP.
XXXV.
His cha
racter.
Kemoves
the Soli-
citor-
General,
Privy
Council of
Ireland.
Wharton, a man, according to the account in Dean
Swift's works, who was infamous in his life, coiiversa-'
tion, and actions. Some notice of one who governed this
kingdom while Sir Constantino Phipps was Chancellor
will serve to display the conduct of men in power in those
days.
Thomas Earl of Wharton, Lord Lieutenant of Ireland,
by the force of an excellent constitution defied the effects
of vice, either on body or mind. His character was the
opposite of what that of a man in authority ought to be,
and the instances of his want of truth and sincerity,
recorded by Swift, would amuse if they did not dis-
gust. Numerous instances of defrauding the public by
peculation are recounted, of which the following is a
specimen -,1 —
' That his Excellency can descend to small gains, take
this instance : there was S50Z. ordered by her Majesty to
buy new liveries for the State trumpeters, messengers, &c.,
but with great industry he got them made cheaper by
200Z., which he saved out of that sum ; and it is reported
that the steward got a handsome consideration besides
from the undertaker. The Lord Lieutenant has no power
to remove or appoint a Solicitor- General without the
Queen's letter, it being one of the appointments excepted
out of his Commission, yet, because Sir Richard Levinge
disobliged him by voting according to his opinion, he
removed him, and put in Mr. F- — , though he had no
Queen's letter for so doing, only a letter from Mr. Secretary
Boyle, that her Majesty designed to remove him.'
The Privy Council in Ireland have a great share in the
administration, all things being carried on by the consent
of the majority, and they sign all orders and proclama-
tions there as well as the Chief Governor. But his Ex-
cellency disliked so great a share of power in any one but
himself, and, when matters were debated in Council other-
wise than he approved, he would stop them and say,
1 Swift's Character of Thomas Earl of Wharton, in Swift's Works, Hawkes-
•worth's Edition, vol. iii. p. 387.
LIFE OF SIE CONSTANTINE PHIPPS, LORD CHANCELLOR. 539
* Come, my Lords, I see how your opinions are, and there- cJ!A.r;
fore I will take your votes,' and so he would put an end to -^J^ — '^
the dispute.
One of his chief favourites was a scandalous clergyman, Unworthy
a constant companion of his pleasures, who appeared pub- ^ st°^a
licly with his Excellency, but never in his habit. His Viceroy.
Excellency presented this divine to one of the Bishops
with the following recommendation : ' My Lord, M --- is
a very honest fellow, and has no fault but that he is
a little too immoral.' He made this man chaplain
to his regiment, though he had been so infamous that
a Bishop in England refused to admit him to a living he
had been presented to, till the patron forced him to it
by law.
His Excellency recojnmended the Earl of I -- - to be
one of the Lords Justices in his absence, and was much
mortified when he found Lieutenant-General Ingoldsby
appointed, without any regard to his recommendation,
particularly, because the usual salary of a Lord Justice in
the Lord Lieutenant's absence is 1007. per month, and he
had bargained with the Earl for 40Z. Salary of
T ~\
These specimens of the Lord Lieutenant's character justice€
must show how ill-suited he was to govern any country,
more especially one torn by recent civil war and crushed
by partial legislation, as Ireland then was. After a short
and mischievous sojourn of little more than two years,
Lord Wharton was removed, and James Butler, second Lord
Duke of Ormond, again found himself in Dublin Castle, succeeied
intrusted in the Queen's name with the chief place in the by Duke of
Government of Ireland.
While party-spirit was prevailing in the country, and The Chan-
the Lord Chancellor doing his utmost to allay those bitter "
feelings from which one of the fairest kingdoms of the to reform
fll)ll^PS 111
earth has ever been the victim, he devoted himself with his Court.
the utmost diligence to his duties as a judge. He found,
indeed, plenty to occupy his time, and endeavoured to
correct some of the abuses of that Court, which he con-
sidered led to unnecessary expense. He also intimated a
540
EEIGN OF QUEEX ANNE.
CHAP.
XXXV.
Chancellor
tries to
iibolish
proces-
sions.
Hew the
anniver-
sary of
William
•was kej.t
Chan-
cellor Lord
Justice
refuses
to march.
wish to shorten the process by discouraging repetitions,
and refusing costs of motions, exceptions, and pleadings
which were prolix or irrelevant. Any alarm which these
innovations upon the old system may have excited were
speedily allayed by the Chancellor becoming hateful to
the dominant party in Ireland, which shortly deprived
him of his place.
Among other reforms which Sir Constantine Phipps
tried to establish, was the abolition of the ceremony of
walking in procession round the statue of King William III.
in College Green.
From the time of its erection in 1701, the anniversary
of November 4, 1690 (day of King William's landing in
England), had been a day of very natural rejoicing to those
who, by the success of his campaign, had become ascen-
dants in Church and State. They had the monopoly of
every appointment in both kingdoms, and were not likely
to allow the Roman Catholic population to forget their
inferior position. The practice hitherto had been to hoist
the British flag on Berminghain tower, to fire cannon from
the guns in the park, which were responded to by volleys
from the different barracks of Dublin, and a regiment pa-
raded in College Green. Then all the bells of the churches
were kept ringing, and at 110011 the Lord Lieutenant
held a levee at the Castle, from whence, at 3 P.M., a pro-
cession issued forth, composed of the Viceroy, Lord Mayor,
Sheriffs, Aldermen, the Lord Chancellor, Judges, Provost
of Trinity College, and other civil and military dignitaries,
with those nobility and gentry who attended the levee,
and all marched between lines of troops along Dame
Street and College Green, to Stephen's Green. Having
made the circuit of Stephen's Green, they returned, and
as they reached the statue in College Green, made three
rounds, after which the troops fired three volleys.
As these annual displays provoked animosity between
Catholics and Protestants, and. were often attended with
tumult, Sir Constantine, while Lord Justice, during the
reign of Queen Anne, hoped to put an end to them by
LIFE OF SIR CONST ANTINE PHIPPS, LORD CHANCELLOR. 541
refusing to join the procession. But the spirit of the CHAP.
ascendancy party "was too strong to suffer this opportunity v^/ ," . J-
of showing its strength to collapse so quickly. William
Aklrich, then High Sheriff, a violent partisan, took the High
head of the procession, and, leaving the Lord Justice ^^ the
alone in his glory, had the honour of being the chief actor lead.
in the annual show.1
The Jacobite party often offered indignities to this Indignities
unhappy statue. On the night of Sunda}^, June 25, 1710, s°atue.
the King's face was plastered with mud, and his Majesty
deprived of his sword and truncheon. The next day there
was a great commotion, and the House of Lords resolved,
' That the Lord Chancellor, as Speaker, do, as from this
House, forthwith attend his Excellency, and acquaint him
that the Lords, being informed that great indignities were
offered last night, to the statue of his late Majesty King Resolution
William of glorious memory, erected on College Green, to Lords.
show the grateful sense this whole kingdom, and particu-
larly the city of Dublin, have of the great blessings
accomplished for them by that glorious Prince, have made
this unanimous resolution, that all persons concerned in
that barbarous fact are guilty of the greatest insolence,
baseness, and ingratitude, and desire his Excellency the
Lord Lieutenant may issue a proclamation to discover the
authors of this villany, with a reward to the discoverer,
that they may be prosecuted and punished accordingly.'
The Chancellor, having communicated as directed, the Chancellor
Lord Lieutenant issued a Proclamation, and offered a Lords1
reward of one hundred pounds for the discovery of the
offenders. It was afterwards found that three young men,
students of Trinity College, were the perpetrators — that it
was done in a frolic. The consequences were serious. The The
students were expelled from the University, sentenced on
November 18, 1710, to six months' imprisonment, to a Trinity
fine of 100L each, which was however reduced to five
shillings.2
1 Gilbert's History of Dublin, vol. iii. p. 42.
2 Ibid. p. 44.
542
REIGN OF QUEEN ANNE.
CHAP.
XXXV.
Intimacy
of Lord
Chancellor
Phipps
with lite-
rary men.
Letter to
Df-an
Swift.
Sir Constantine was evidently a person of refined tastes,
and much esteemed by literary men. Thomas Prior the
poet, who was constantly employed by the English Govern-
ment in negotiations with the Continent, for which pur-
pose his knowledge of foreign languages especially qualified
him, writing to Dean Swift, then in Dublin, from Paris,
August 1713, says, ' Pray give my service to your Chan-
cellor,' and in the twelve volumes of the Works of the Dean
of St. Patrick,1 are several letters from the Chancellor
to Dean Swift.
From these it appears that Swift, who was on very in-
timate terms with the influential men of the time, was
endeavouring to promote the interest of the son of the Lord
Chancellor. Whatever was the situation which Dean
Swift endeavoured to secure for Mr. Phipps there was
some delay in securing the appointment. The Chancellor
again wrote : —
Dublin, October 24, 1713.
' Dear Sir, — I am indebted to you for your kind letters
of the eighth and tenth instant, and I very heartily
acknowledge the obligation. That of the eighth gave me
a great many melancholy thoughts, when I reflected upon
the danger our Constitution is in, by the neglect and
supineness of our friends, and the vigilance and unanimity
of our enemies ; but I hope your Parliament proving so
good, will awaken our friends, and unite them more firmly,
and make them more active.
' That part of your letter of the tenth, which related to
my son, gave me a great satisfaction, for though your
Commissioners here have heard nothing of it, yet I
believed Mr. Keightly might bring over full instructions
in it, but he is arrived and knows nothing of it, so that
whatever good intentions my Lord Treasurer 2 had in
relation to my son, his Lordship has forgotten to give any
directions concerning him ; for, with him, things are just
as they were before you left Dublin. If you will be so
1 Hawkesworth's Edition.
2 Earl of Oxford.
LIFE OF SIR CONSTANTINE PHIPPS, LORD CHANCELLOR. 543
kind to put his Lordship in mind of it, you will be very CHAP.
J xxxv.
obliging. v — , •
' I cannot discharge the part of a friend, if I omit to let
you know that your great neighbour at St. Pulcher's1 is
very angry with you. He accuseth you of going away
without taking your leave of him, and intends in a little
time to compel you to reside at your deanery. He lays
some other things to your charge wThich you shall know in
a little time.
( We hourly expect my Lord Lieutenant.2 The Whigs
begin to be sensible they must expect no great counten-
ance from him, and begin to be a little down in the mouth
since they find Broderick 3 is not to be their Speaker.
' I am, with very great truth,
' Your most obedient servant,
PHIPPS.'
The Irish House of Commons took active steps for the Resolution
f <-!•»
removal of Sir Constantino Phipps from the Chancellor- House of
ship. On December 18, 1713, it was resolved 'That the Commons
Lord Chancellor, having represented Edward Lloyd, news Lord Chan-
writer, who had printed proposals for publishing "Memoirs cellor'
of the Chevalier de St. George," a traitorous work, as an
object of her Majesty's mercy, and as not having any evil
design in publishing the said libel, in order to obtain a
nolle prosequi on the indictment against him, acted therein
contrary to the Protestant interests of the kingdom.
' Kesolved — That it appears to this House that the said
Sir Constantine Phipps, Lord High Chancellor of Ireland,
in a speech by him made on the 16th day of January, 1712,
to the Mayor and Aldermen of the city of Dublin, beino-
then one of the Lords Justices of Ireland, did take upon
him, by declaring his opinion, to prejudge the merits of the
cause then depending between her Majesty and Dudley
Moore, Esq., and thereby influence the Aldermen, some of
1 Dr. King, Archbishop of Dublin.
2 Duke of Shrewsbury.
3 Afterwards Lord Chancellor Lord Midleton. He was elected Speaker.
544
KEIGN OF QUEEN ANNE.
CHAP.
XXXV.
~,, • -»
Address to
the Queen
to remove
him.
Cause of
hostility to
the Lord
Chan-
cellor.
He is sup-
ported by
the House
of Lords.
Slanderous
•words
against, the
Lord Chan-
cellor.
Attorney-
General
ordered to
prosecute.
whom are constantly returned as jurors in all causes of
importance ill that city.
' Resolved — That an. humble address be presented to
her Majesty, humbly to beseech her Majesty to remove the
Eight Honourable Sir Constantino Phipps, Knight, Lord
Hio-h Chancellor of Ireland, from his place of Lord Hio-h
o ' -L &
Chancellor of this kingdom, for the peace and safety of
her Protestant subjects of this kingdom.'
An address embodying these resolutions was addressed
to the Queen's Most Excellent Majesty, and on December
21, 1717, Mr. Brodrick the Speaker, with several Knights,
Citizens and Burgesses, waited on the Lord Lieutenant at
the Castle, with their address, who promised to transmit
it by the first opportunity.
The efforts of the Lord Chancellor to promote the wel-
fare of all her Majesty's subjects in Ireland, and not the
violent Protestant party, was the cause of the complaints to
which he was subjected by this portion of the people of
Ireland, and it was most gratifying for him to find, that,
while the representatives of the ascendancy party in the
House of Commons refrained for a moment forging the
fetters of the Penal Code wherewith to bind the Catholics,
in order to concoct an address to the Queen, praying for
his removal, the Peers, Spiritual and Temporal, were pre-
senting an address of directly the opposite tendency.
Some notion may be conceived of the expressions used
towards this high official, at the time when he was Lord
Justice, by the lower orders of the populace of Dublin,
from the evidence given before the Lords on December 18,
1713, when it was proved that one Eichard Nuttal said,
' That the Lord Chancellor was a canary bird, a villain,
and had set this country by the ears, and ought to be
hanged.' Their Lordships directed the Attorney-General
to prosecute Nuttal for speaking these words.1
The Peers, Spiritual and Temporal, united in their efforts
to disconcert the enemies of the Lord Chancellor. Their
1 Lord's Jour. Ir. vol. ii. p. 437.
LIFE OF SIR CONSTANTINE PH1PPS, LORD CHANCELLOR. 545
address shows the lengths party spirit went to procure his CHAP,
recall :—
* Most gracious Sovereign,
' We, jour Majesty's most dutiful and loyal subjects, Lords
the Lords Spiritual and Temporal in Parliament as- 't}le Que(,n
sembled, having taken into our serious consideration the °" behalf
of the
calumnies and reproaches which have been cast upon Sir chan-
Constantine Phipps, your Majesty's Lord High Chancellor cellor-
of Ireland and Speaker of this House : And having this
day had under our examination several groundless asper-
sions thrown upon him by one Richard Nuttall, whereby he
was traduced, even whilst he was one of your Majesty's
Lords Justices, as having been a promoter of all the dis-
sensions which have lately happened in this kingdom, do
think ourselves obliged, in justice to that excellent Mi-
nister, in all humility to represent unto your Majesty that
we do not find, but that, in the several eminent stations in
which he hath served your Majesty since his coming into
this country, he hath acquitted himself with Honour and
Integrity, as becomes a discerning and vigilant Governor ;
an equal Administrator of Justice ; a true lover of the
Church as by law established ; and a zealous assertor of
the Prerogative, in opposition to a factious spirit which
hath too much prevailed in this Nation.
' We, therefore, most humbly beseech your Majesty that
you will not suffer any evil report against him (if any such
should reach your Majesty) to make an impression on your
royal heart to his disfavour.' l
On enquiry into the case of Edward Lloyd, which was
one of the grounds of complaint made by the House of
Coninioiis in their address, the facts as stated in the Lords'
Representation to the Queen, December 24, 1713, appear
as follows : —
That Lloyd did, in September 1712, publish a proposal Case of
to print the ' Memoirs of the Chevalier de St. George,' and E< Lloyd'
take in subscriptions for the same. When the Lords
Justices and Council of Ireland were apprised of this, they
1 Lords' Jour. Ir. vol. ii. p. -137.
VOL. I. N N
546
REIGN OF QUEEN ANNE.
CHAP.
XXXV.
Recom-
mendation
of the L:iw
Officers.
The Vice-
roy directs
tin' Lords
Justices
to stay pro-
ceedings.
Lord Chan-
cellor's
speech to
the LI n'd
Mayor.
seized his papers, and thus put a stop to the printing1 the
book. They likewise ordered a prosecution, and a bill of in-
dictment was found against him for treasonable and sedi-
tious libel, whereon Lloyd retired into England. While
there, he petitioned the then Lord- Lieutenant, Duke of
Ormond, setting forth he had no evil design in the publi-
cation for which he was indicted, that his poverty ren-
dered him an object of mercy, and that he had given
evidence of his zeal in the Queen's service by discovering
a most infamous libel against her Majesty, and that he
would never oifend again. The Duke of Ormond, having
referred this Petition to the Lords Justices, their Lord-
ships in Council referred it to the Law Officers, the Attor-
ney and Solicitor-Generals. These officials reported ' that
Lloyd, being no further criminal than by intending to
print and publish the book, and being in very low circum-
stances, he might be an object of her Majesty's mercy.'
Whereupon not the Lord- Chancellor alone, but the
Lords Justices in Council, wrote to the Duke of Ormond,
on May 23, 1713, this result, and his Grace, by his reply,
dated June 18, 1713, required the Lords Justices to stay
further proceedings on the said indictment, which they
did accordingly. The Lords also found, on perusing the
speech, which, luckily for himself, the Lord Chancellor
had put in writing before he spoke it to the Lord Mayor
and Aldermen in Council, on January 16, 1712, that so far
from its being contrary to the Protestant interest of this
kingdom, it was quite conservative of it. Indeed, the
following extracts show, that the Lord Chancellor was as
desirous of denying the Roman Catholics the free exercise
of their religious ceremonies as Oliver Cromwell himself.
' There is another thing which we recommend to you,
which is, the preventing public mass being said, contrary
to law, by priests not registered, or that will not take the
Abjuration Oath; or are otherwise disabled from offici-
ating.
' We have more than ordinary reason to press this,
because we suffer by your neglect. The country, gene-
LIFE OF SIR CONST ANTJNE PITIPPS, LORD CHANCELLOR. 547
rally, make the city their pattern ; and, after your example CHAP.
become negligent of their duty in this respect. For, J__L;__1,
being asked why they permit public mass to be said, their
answer is, " It is done in Dublin, and, as we are informed,
by the approbation of the Government, for else it could
not be done ; and why should we be more officious than
others ? "
' There are very good laws made to prevent this ; and
we have issued a Proclamation for the due execution of
these laws, and have charged it in the most pressing terms
we could.' l
The attempt to remove the Lord Chancellor occasioned Contro-
•r -i j T i i versy about
a great amount of antagonism in Ireland, it was not tuc Chan_
merely confined to the Parliament. The Commons, ad- Cullor-
dressing the Queen for his removal, the Lords that he
might be retained in his office ; but clergy and laity
shared in the matter.
Swift, in writing to Dr. King, Archbishop of Dublin,
states that the Addresses had been sent to the Queen : —
'London: December 31, 1713.
' My Lord,
' Your Grace's letter, which I received but last post, Letter to
is of an earlier date to what have since arrived. We have bishop
received the address for removing the Chancellor, and the £m from
Dr.
. .
cqunter addresses from the Lords and Convocation ; and Addresses
you will know, before this reaches you, our sentiments of and counter
them here. I ana at a loss what to say on this whole
affair. Our Court seems resolved to be very firm in their
resolution about Ireland. I think it impossible for the
two kingdoms to proceed long upon a different scheme of
politics. The controversy with the city I am not master
of : it took its rise before I ever concerned myself with the
affairs of Ireland, further than to be an instrument of
doing some service to the kingdom, for which I have been
ill requited. But, my Lord, the question with us here is,
whether there was a necessity that the other party should
have a majority.
1 Lords' Jour. Ir. vol. ii. p. 449.
N N 2
548
REIGN OF QUEEN ANNE.
CHAP.
XXXV.
Letter
from the
Earl of
Anglesey.
Grand
Jury of
Cork ad-
dress in
favour of
the Clmn-
Cfllor.
c The address for removing the Chancellor is grounded
upon two facts ; in the former of which he was only con-
cerned with others ; the criminal was poor, and penniless,
and a noli prosequi was no illegal thing. As to Moore's
business, the Chancellor's speech on that occasion hath
been transmitted hither, and seems to clear him from the
imputation of prejudging. Another thing we wonder at
is, to find the Commons in their votes approve the sending
for the Guards, by whom a man was killed. Such a thing
would, they say, look monstrous in England.'1
The Earl of Anglesey, when writing to Dr. Swift, shows
how strong was the feeling of the Lords in favour of the
Lord Chancellor : —
'Dublin, Jan. 16, 1713-14.
'Mr. Dean,
' You judged extremely right of me, that I should,
with great pleasure, receive what you tell me, that my
endeavours to serve her Majesty, in this kingdom, are
agreeable to my Lord Treasurer and the rest of the
Ministers.
'You are very kind, too, in your good offices for Mr.
Phipps, because a mark of favour so seasonably as at this
time conferred on the Lord Chancellor's son, will have a
much greater influence, and reach farther than his Lord-
ship's person.
##*•###
' I shall trouble you with no compliments, because I
hope soon to tell you how much I am, Dear Sir,
' Yours,
' ANGLESEY.'2
The Lord Chancellor had active friends throughout the
country. An Address of the High Sheriff, Justices of the
Peace, Clergy, and Grand Jury of the County of Cork, was
adopted at the Quarter Sessions held for that county at
1 Swift's Works, vol. xii. p. 23.
- William Phipps, Esq., the Lord Chancellor's only son, married Lady
Catherine Annesley, only daughter and heiress of the Earl of Anglesey.
LIFE OF SIR CONSTANTINE PHIPPS, LOED CHANCELLOR. 549
Bandon, July 12, 1713-14, and presented to Queen Anne ni \\'.
by Lord Bolingbroke. ' We cannot but with grief and sJ_L^ — ^
great concern take notice, that the unhappy and fatal dis-
sensions which reigned and were fomented some years
past, do yet continue in this kingdom, notwithstanding the
indefatigable zeal and application of the Eight Honour-
able Sir Constantine Phipps, Lord High Chancellor, and
your other excellent Ministers, to the contrary. We can-
not but join with great pleasure and satisfaction your
Majesty's most loyal Lords in Parliament, and your
faithful clergy in convocation assembled, in their dutiful
and humble request to continue your Eoyal countenance
and favours to that great Minister, whose impartial
justice, consummate abilities, and unbiassed affection to
the constitution in Church and State are equal to those
great trusts in which your Majesty's unerring wisdom for
the safety and honour of your Majesty's interests and the
common good of your people has placed him.' *
As Parliament was prorogued to Monday, January 18, Parliament
1713, and further to August 10, 1714, and the Queen Pror°gued
died on August 1, whereby the Parliament was dissolved,
I can find no trace of any proceedings upon these Ad-
dresses. That the Lord Chancellor had not been removed
from his office, or lost nothing of his dignity, may be
inferred from the fact that, on the death of the Queen in Death of
1714,2 he, with the Archbishop of Armagh, were ap- Q™°n
pointed Lords Justices of Ireland. Chancellor
He did not long retain office. On the accession of Lord
King George I., a change of Government took place, and
Sir Constantine Phipps ceased to be Lord Chancellor. He
returned to London, and resided in the Temple, but con-
tinued to correspond with his friends in Ireland, and took
an interest in Irish affairs.
1 Smith's History of Cork, vol. ii. pp. 231, 232.
2 The number of Chancery decrees in Ireland enrolled during the reign of
Q.ueen Anne bear no proportion to the number pronounced. I could only dis-
cover one hundred and three, but this was far short of the docives actually
made.
550
REIGN OF QUEEN ANNE.
CHAP.
XXXV.
Effects of
importing
Chan-
cellors.
Phipps
removed,
Brotlrick
appointed.
Ex-Chan-
cellor
returns to
the Eng-
lish Bar.
Tlie constant practice of importing Chancellors from
England was calculated to act prejudicially upon the
enthusiasm of the legal profession in Ireland. For no
amount of legal learning, of knowledge in the practice of
the Courts in Ireland, constituted a claim to the highest
offices in the law. The noblesse de la robe was aspired to
by the highest families in this kingdom, and the Bar was
always regarded as the profession of a gentleman. It
was, therefore, a source of discontent that strangers to
the country, practitioners of another land, were elevated
over the heads of the most eminent Irish lawyers, draw-
ing after them tribes of relations — sons, sons-in-law,
nephews, or remote cousins, on whom they bestowed
registrarships, clerkships, the offices of secretary, purse
and train bearers, and other offices of which they had the
patronage, to the prejudice of members of the Bar of
Ireland. It was therefore very gratifying that, on the
removal of Sir Coiistantine Phipps, in 1714, King
George I. delivered the Great Seal of Ireland to Sir Alan
Brodrick, whom he created Lord Midleton.
The Ex-Chancellor, at this period, had no retiring pen-
sion, and was of too active habits, and devoted to his
profession, to spend his time listlessly or idly. Accord-
ingly he resumed his station at the English Bar, and
became a prime favourite with Jacobites and Tories.1
His legal acquirements were of too high a class not to
place him in the foremost rank of legal practitioners, and
when he returned to Westminster Hall he had very lucra-
tive business at the Bar. Duhigg states that ' Phipps
seemed to consider official station as still encircling him,
and violated professional decorum at the Bar of the House
of Lords, for which that august assembly most justly gave
the offender a public reprimand.' 2 But the historian of
the King's Inns uses such strong language in reference to
all whom he dislikes, that I am not disposed to place
implicit reliance on all his statements.
Dnhigg's History of the King's Inns, p. 264.
- Ibid. p. L'
LIFE OF SIR CONSTANTINE PITIPrS, LORD CHANCELLOR. 551
Dean Swift undertook the advocacy of Irish interests, < n \i'.
which, hitherto, had been completely subordinate to ^ * " _j.
those of England. One extract from the pamphlet,
' Proposal for the Universal use of Irish Manufacture,' Swift's
will serve as a proof of the advice he gave in this f^theTuse
matter: — of Irish
' I could wish the Parliament had thought fit to have tures. '
suffered these regulations of Church matter, and enlarge-
ment of the prerogative, until a more convenient time,
because they did not appear very pressing, at least to the
persons principally concerned ; and, instead of these great
refinements in politics and divinity, had amused them-
selves and their committees a little with the state of the
nation. For example : what if the House of Commons
had thought fit to make a resolution nemine contradicente
against wearing any cloth or stuff in their families, which
were not of the growth and manufacture of this kingdom ?
o O
What if they had extended it so far as utterly to exclude
all silks, velvets, calicoes, and the whole lexicon of female
fopperies, and declared that whoever acted otherwise
should be deemed and reputed an enemy to the nation?
What if they had sent up such a resolution to be agreed
to by the House of Lords ; and by their own practice and
encouragement spread the execution of it in their several
counties ? What if we should agree to make burying in
woollen a fashion as our neighbours have made it a law?
What if the ladies would be content with Irish stuffs for
the furniture of their houses, for gowns and petticoats,
for themselves and their daughters ? Upon the whole,
and to crown all the rest, let a firm resolution be taken by
male and female never to appear with one single shred
that comes from England ; and let all the people say
Amen.'
The appearance of this pamphlet, at a time when the Ra^(- ,,f
^
Irish manufactures were depressed by the partiality evinced tllc Go~
„-.-., , . vrrimiciit.
to the trade of England, created immense excitement
throughout Ireland. Dean Swift, who was at once re-
garded as the writer, became the object of popular enthu-
552
REIGN OP QUEEN ANNE.
CHAP.
XXXV.
A prose-
cution.
Chief
Justice
Wbitshed.
Arbitrary
conduct of
the Chief
Justice.
Jury find
a special
verdict.
Swift
seeks a
Writ of
Error.
Letter
from Ex*
('h;ini:ellor
Phipps to
Dean
Swift.
No Writ
of Error in
criminal
case
•without
direction.
siasm. The Duke of Grafton, then Lord-Lieutenant, and
the Government, were furious, and a prosecution of the
printer was proposed. Whitshed, then Chief Justice of
the King's Bench, was a willing tool for any arbitrary pro-
ceedings. He was son of Thomas Whitshed, an eminent
Irish barrister ; was appointed Solicitor- General in 1709,
and Chief Justice of the King's Bench in 1714. The
Judges of Ireland were dependent 011 the Government, for
they held their offices during pleasure ; and Waters, the
printer, having been brought to trial before the Chief Jus-
tice upon an indictment, this high-handed, arbitrary Judge
sent back the Jury nine times in order to coerce them to
find the printer guilty. Feeling they were in the power of
this Judge, they, at last, made a sort of compromise between
their consciences and his inclination, and found a special
verdict. The Duke of Grafton, then Lord-Lieutenant,
upon mature advice, and instruction from England, in-
structed the Attorney-General to enter a noli prosequi,
and the affair was allowed to drop. Pending these pro-
ceedings, and while the prosecution was hanging over the
head of Waters, the printer, Swift applied to Sir Coustan-
tine Phipps to try and have a writ of error, as we find by
the following reply from the Ex-Lord Chancellor of Ire-
land : —
' Sir,
'Ormond Street: January 14, 1720-21.
' Having been a little indisposed, I went at Christmas
into the country, which prevented me from sooner ac-
knowledging the favour of your letter. As to Waters'
case,1 I was informed of it ; and the last term I spoke to
Mr. Attorney- General 2 about it ; but he told me he could
not grant a writ of error in a criminal case, without
direction from the King ; so that Waters is not like to
have much relief from hence, and, therefore, I am glad to
have some hopes it will drop in Ireland. I think the
Chief Justice should have that regard to his own reputa-
1 Dean Swift's printer.
Sir Robert Raymond.
LIFE OF SIE CONSTANTINE PHIPPS, LOKD CHANCELLOK. 553
tion to let it cro off so : for I believe the oldest roan alive, CHAP.
XX XV
or any law book, cannot give any instance of such a pro- ^ _ ' _ ;,
ceeding. I was informed who was aimed at by the prose- ?^nion of
cution, which made me very zealous in it ; which I shall the Chief
be in everything wherein I can be serviceable to that
gentleman, for whom no body has a greater esteem
than
( Your most humble and most obedient servant,
' CON. PHIPPS.
' To Dr. Swift.'
Sir Constantine Phipps died at his residence in the l^th of
Middle Temple, on October 9, 1723. He left an only stantim-
son, William Phipps, who married Lady Catherine An-
nesley, only daughter and heiress of James, fourth Earl of
Anglesey. The grandson of Sir Constantine Phipps, Lord His de-
Chancellor of Ireland, was raised to the Peerage in 1767
as Baron Mulgrave, of New Ross, county of Wexfbrd.
Henry Phipps became Viscount Normanby and Earl of
Mulgrave in 1812 ; and Constantine Henry Phipps, the
most popular Viceroy of Ireland from 1835 to 1839, was
created Marquis of Normanby in 1 838. He married the
Honourable Maria Liddell, eldest daughter of Lord Ravens-
worth, and, dying in 1863, was succeeded by his son
George Augustus Constantine Phipps, now second Marquis
of Normanby. His Lordship is a Privy Councillor, Captain
of the Honourable Corps of Gentlemen-at-Arms ; had been
Comptroller of her Majesty's Household, and Governor of
Nova Scotia. His Lordship is married to Laura, daughter
of the late Captain Russell, R.N., and has several
children.
Dean Swift's opinion of Sir Constantine Phipps is thus Dean
expressed in his vindication of the Lord Carteret, written
in 1730, after the death of the Ex-Chancellor. Referring
to the persons of merit promoted, while Lord Carteret was
Lord- Lieutenant, when mentioning Doctor Patrick De-
-Lini'i >s,
lany,1 Swift says, 'This divine lies under some disadvan-
1 Keverend Patrick Delany, D.D., Dean of Down. He was married to Mary
Granville, whose entertaining letters have been so ably edited by Lady
VOL. I. 00
554 BEIGN OF QUEEN ANNE.
CHAP, tage ; having in his youth received many civilities from a
^1 _ ' _' . certain person then in a very high station here, for which
reason, I doubt not, the Doctor never drank his confusion
since ; and what makes the matter desperate, it is now too
late ; unless our inquisitors will be content with drinking
confusion to his memory. The aforesaid eminent person,
who was a judge of all merit, except that of party, dis-
tinguished the Doctor among other juniors in our Uni-
versity for his learning, discretion, and good sense.'
I have now traced the ' Lives of the Lord Chancellors
of Ireland ' from the days of the Plantagenets to the
Georgian era. Their political position, constantly dis-
charging the duties of Viceroy, accounts for the introduc-
tion of matters which, otherwise, would be foreign to this
work ; though often undesirable, it was unavoidable. The
baneful effects of party and religious animosity upon the
welfare of a country has been exposed, and repeated en-
deavours to decry and depreciate the characters of men
holding judicial positions, censured. Happier times are
before me for my concluding volume : — the glorious Irish
Eevolution of 1782, showing what may be achieved by
Irishmen abandoning their sectarian and political differ-
ences, and remembering their common country ; then the
short-lived prosperity of the kingdom, checked by the
disastrous events which closed the last century. The
Legislative Union between Great Britain and Ireland was
carried chiefly through the instrumentality of an Irish
Lord Chancellor, who supported, with the might of his
powerful intellect, a measure which destroyed the Parlia-
ment of his native land. He thereby expected to obtain a
wider sphere for his insatiable ambition, but ended his
career in discomfiture, defeat, and early death. Then I
Llanover. He built the commodious house of Delville, near Dublin, and laid
out the grounds with much taste. This place Swift caricatured in one of his
satires. It is now occupied by the accomplished P. J. Keenan, Esq., M.E.I.A.
LIFE OF SIR CONSTANTINE PHIPPS, LORD CHANCELLOR.
behold Chancellors of high legal talents, great political CHAP.
integrity, and personal worth — EEDESDALE, PONSONBY,
and SIR ANTHONY HART ; and the professional reader will,
I trust, be compensated for the contents of this volume,
by their Lives ; while the Patriot, the Statesman, and the
accomplished Equity Judge were combined in the person
of the illustrious Irish Chancellor, LORD PLUNKET.
END OF THE FIRST VOLUME.
FEINTED BT
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