Sir John Alan, Lor Chancellor.

**

CHAPTER XIV.

Life Of Sir John Alan, Lord Chancellor Of Ireland. **

John Alan, or Allen, was a native of England, and has been described of Cowtishale, in the county of Norfolk, gentleman. [Pat. Roll of Canc. Hib. 29 and 30 Hen. VIII] He was one of a large family; four brothers beside himself having established themselves in Ireland. They acquired considerable stations and high legal appointments, chiefly in connection with the Court of Chancery. It is stated, and I believe with truth, they 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 himself to the study of law. He was admitted to the bar, and selecting Ireland for the theatre of his forensic operations, quickly obtained practice and place. The office of Master of the Rolls of Ireland was conferred on him by patent, read in the Council Chamber in Dublin Castle, on August 18, 1534. On August 1, he was sworn in, before the Archbishop of Armagh, Lord Chancellor, and took the oath of office. [‘Ye swear that ye well and trulie shall serve our Sovraigne Lord the King in the office of the Clerc, Keper, and Master of the Rolles of his Chancery of Ireland, and the rolles, process, records, and muniments of the said Corte ye shall truelie and surelie conserve and kepe or see them to be conserved and kept to your power. Ye shall not assent ne procure the disherison ne ppetual hurte of the King to your power. Ye shall do no fraude, ne procure non to be don 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 counsaile the things which touch the King when ye thereto shall be required, and the counsalle that ye know 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 your 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 your intent. Ye shall see the patents, writtes, and other proces of the chancerie to be recorded and enrolled by yor self or or clerkes, as to yor office apperteyneth; ye shall admit no clarke, 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.]

In the month of February, 1534, Gerald Earl of Kildare went to London, leaving Lord Offaly Viceroy. On May 1, John Alan, then Master of the Rolls, and four of his brothers, all enemies of the Geraldines, wrote to another 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 [Thomas twelfth Earl of Desmond, the Warden of Youghal was his officer.] marvels greatly at your long tarrying; moreover we certify you of truth, that Thomas Fitz Gerald, the Erle of Kildare, his son, is now with my Lord O’Brien, [O’Brien, of Thornond.] 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 purpose in that behalf, and shall do, with God’s grace. Moreover 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 because 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, [This letter was written about six weeks before the slaughter of the Archbishop, on July 19, 1534.] 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 his favour from the said Thomas and all other his Lords, for the rather the better; for if you were with us, we put no doubt but we should, with your wisdom and help, displace 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 3l. 3s. 4d., for I have paid to your priests for their wages at Easter last past 12l. 6s. 8d., and I have paid to your workmen 12l. 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,

‘Richard Allen,

‘Robert Allen,

‘Mellesher Allen,

‘John Allen, [Proceedings Kilkenny Arch. Soc. Vol. ii. N.S. p. 336.]

‘Jasper 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 rebellion of Thomas Lord Offaly startled the kingdom, and, like the insurrection of that ill-fated enthusiast, who much resembled the impetuous young noble, Robert Emmet, commenced with the slaughter of a high dignitary, in one case the Archbishop of Dublin, in the other the Lord Chief Justice of the Court of King’s Bench. [Lord Kilwarden, murdered in 1803.]

I find it was not deemed infra dig. for his Honour to be a clerk in Parliament. The entry in the Patent Rolls of 1534-6 , recite - ‘Appointment of John Allen, Vice-Chancellor 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 December 1, 1538, he had a grant of the site, circuit and lands of the late monastery of St. Wulstans, the manor of Donaghcumper, and other denominations of land in the county of Kildare for ever, by the service of one knight’s fee, rent 10l. Both in England and Ireland the lands of the suppressed 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. [Vide Lord Campbell’s Chancellor, vol. i. p. 611.]

When Sir John Barnewall, Lord Trimlestown, died in 1538, John Alan, Master of the Rolls, 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. [Pat. Roll in Canc. Hib. 30, Henry VIII.] 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 Roland 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 Cromwell.’ [lb. Patent to hold during pleasure with custody of the Great Seal and power to examine and determine all causes and suits according to the law and custom of Ireland.] Lord Cromwell, though apparently in high favour, having a seat in Parliament 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 Rolls, 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 Reformed 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 John Alan, Chancellor, with others to be Justices of the 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 betide the unhappy layman or ecclesiastic who dared to resist his might. On June 7, 1539, ‘the bloody Bill of Six Arbiters’ 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 upholding 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. [31 Hen. VIII. C. 28]

In 1539-40, a Royal Commission issued to George Archbishop of Dublin, John Alan, Chancellor, and William Brabazon, Vice Treasurer, appointing them to act as deputy to Thomas Lord Cromwell, Keeper of the Privy Seal, whom the King bad constituted his Vicar-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, 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 Ireland 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, partly to the pernicious worship of idols, and to the pestiferous doctrines of the Roman 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 reformation, 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 willingly 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 Romish 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.’ [Morrin’s Calendar of Pat. And Close Rolls, vol. i. p. 55.] 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 which 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, Dublin, before the Lord Chancellor and the Lords of the Council. He thereby pledged himself faithfully to maintain 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. [Pat. Roll in Canc Hib. Temp. Hen. VIII.] 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 on 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 rebellion 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. [Catechism of Irish Hist. P. 219.]

While Sir John Alan was Lord Chancellor, a step towards legal education in Ireland was taken. Patrick Barnewall, King’s Sergeant, in a letter to Cromwell, suggested the propriety of establishing in Dublin an Inn of Chancery, that is, a house wherein, as Fortescue observes, ‘the students are, for the most part, young men, learning the 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 Barnewall says, ‘Yf your lordchippe thoght fyt gentlemen might be together; I reckon hyt wold doe moche good, as I have declared ere now unto your lordchippe, and in especyall for the incresse of Englishe 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 moche of that lytyll laryng that we atteyned there.’ [State Papers, II. 571.]

This letter was written at the right time. The suppression 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 support 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 Highnes’ lawes, and such as hath presedet 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 soverain 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 boundyn duties unto our said soveraine Lord, the comenwelthe of this realme, and also the bringing upe of gentlemen’s sonnes within this realme, in the English tong, habits, and maners, thoght it mete 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 unfamed purpose in our judgementes and understanding 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 discreet 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 therabout, whiche is not able to maintaine th continuiall reperacions thereof, after such like sorte and facion as shall please his Majestie to depart with unto us, and to name the said house as the same shall be thoght good by his Majestie, for we doe call the same now the King’s Inn - 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 wisdoms to the tuicion of God with continuall encres of honour.

‘Fro the Kinge’s citie of Dublin, 29th of August (1541),

‘Your Orators, &c.,

‘To the Kinge’s most Honorable Counseille in England.’

The same year the King demised to John Alan, Chancellor, Sir Gerald Aylmer, Justice, Sir Thomas Luttrel, Justice, Patrick White, Baron, Patrick Barnewall, King’s 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 Chancery ancillary to the Inns of Court in England. From some cause or other Sir John Alan did not give satisfaction to the Viceroy, Sir Anthony St. Leger, who made such representations to his disfavour that he was deprived of the Great Seal. This seems to have mortified Alan extremely, because, thereby, he was not only deprived of a post of great honour, but his very means of existence were taken, as the comfortable retiring allowance of later days [Four thousand pounds per annum is the allowance to ex-Lord Chancellors of Ireland.] was not then granted to Ex-Chancellors. It is, however, only fair to state that, whatever could be done to alleviate the loss was done on this occasion, as we shall presently find.

When the Great Seal was received from Alan, it was immediately given to Sir Richard Reade. There appear from the records considerable indulgences were granted at this time to Ex-Chancellor Alan. In a letter from the Lord Protector Somerset and the Lords of the Council in 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 Maynooth, 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 servants, 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.’ [Pat. Roll in Cane. Hib. Hon. VIII.]

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. [Burke’s Peerage.] 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 Ballymore-Eustace on the Liffey, and other towns. The O’Mores and O’Connors Faly 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. [Catechism of Irish Hist. p. 223.]

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, late Chancellor of that our realm, to repair hither, and demore or return at his pleasure; and, considering the 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; and, in respect of his infirmities and age, we mind not that 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.’ [Pat. Rolls in Cane. Hib. temp. 1 and 2, Philip and Mary.]

Alan’s account of words charged to be spoken by the Viceroy, Sir Anthony St. Leger, against the Protestant religion, is curious, and not creditable to the then Archbishop of Dublin. Having received letters from the Council of 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 expected 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 wavering with them as with the English.’ Alan observed, ‘If they could banish the English and keep the seaports, the French 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 Christendom; 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 coldness of the Emperor towards 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.

On returning to Dublin, Alan spent the evening with the Dean of Christchurch, with whom he met the Archbishop of Dublin, and Mr. Basnet, late Dean of St. Patrick’s, and, after supper, the news of the day and the expected French invasion were spoken of. The conversation then turned on the faults of the Viceroy, and the Archbishop said, ‘he was but a dissembler in religion, and was never willing to have it set further here.’ On this Alan stated, ‘he was not far amiss there, for that day his Lordship had confessed as much to him.’ ‘Did he,’ replied the Archbishop; ‘I prae you to remember that.’ Some time after, Alan was informed, the Archbishop stated the Deputy declared to Alan, ‘that if the Lords of the Council had let matters rest as King Henry VIII. left them, and had not sought to alter the religion of the 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 considered the Lord Deputy had done him great injury, by taking from him honour, estimation, and means of subsistence, 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 of the Council of England, to substantiate his charges against St. Leger, sent for Sir John Alan, bade him remember the conversation related above, and the words ‘If the Lords of the Council had left matters as King 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 Archbishop 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 - ‘they did not hear him say, as the Archbishop alleged.’

The Archbishop sent the Bishop of Kildare to induce Sir John Alan ‘to write down the words used by the Viceroy,’ and he replied, ‘he would do nothing of the kind’ - I suppose, regarding the conversation as confidential. ‘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 on oath, I will truly declare what Mr. St. Leger said to me in Kilmainham.” [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.]

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 instructions to restore the Catholic rites. [Shirley’s Original Letters, 75] This was in 1553; but he did not remain in office more than three years, having been superseded by Lord Fitzwalter, afterwards 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.

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