Life of Lord Chancellor Archbishop Curwen

CHAPTER XVII.

Life Of Lord Chancellor Archbishop Curwen.

The family whence Hugh Curwen, Archbishop of Dublin, and Lord Chancellor of Ireland, descended, is of considerable 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 complier in all reigns.’ [Lib. Mun. Hib, part i, p. 37.]

He gave a very notable proof of his zeal, if not, his discretion, 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 the dogs licked the blood of Naboth, even there shall the dogs lick thy blood, also, O King,’ and, in the progress of his discourse, had the temerity to say, ‘I am that Michea, 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 unnoticed. In order to get him out of the way of the enraged King, Peto was ordered to attend a provincial council at Canterbury, and the courtiers of Henry resolved to select a more discreet preacher for the Chapel Royal in future. The choice fell upon the Reverend Hugh Curwen, who at once perceived this was a meet opportunity for ingratiating himself in the good opinion of the King. He determined, to use strong language in reference to the audacious Peto. He was the more inclined to do this, because he was aware the superior of the Franciscans, supposing a storm was about to burst on the courageous brother, had sent him out of the way. Accordingly, 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,’ adding ‘that no subject should speak so audaciously to princes.’ Having commended the King’s marriage, he 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 loud and resonant over the heads of the astonished congregation, and in those words sounded a brave defiance to 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 fled for fear of you, for tomorrow he will return- again. In the meantime 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 adultery to establish succession, betraying the King into endless perdition; more for thine own vain glory and hope of promotion than for the discharge of thy clogged conscience 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.’ [Ellis’s Original Letters Illustrative of English History, ii. 41, 42. Edin. Review, January 1825. History of Archbishops of Dublin by Rev. Dr. Moran, pp. 43-45.]

But Curwen went further than defying Peto. He preached publicly in, favour of the Royal Supremacy. [Strype’s Life of Parker, vol. i. p. 508.] He was made a Doctor of Divinity and soon obtained ecclesiastical 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 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 deserved the first mitre that appeared worth his acceptance, and accordingly he was appointed Archbishop of Dublin. The letter, under the privy signet to the Dean and Chapter of Christ Church, for his election, dated July 18, in the first and second year of Queen Mary’s. reign, is preserved in the Chapter House, with her autograph at the top - ‘Mary ye Queen.’ He was not consecrated, however, until September 8, following. This ceremony took place in St. Paul’s Cathedral, London, and four days afterwards Curwen received from the Queen the appointment of Lord Chancellor of Ireland.

Hugh Corren, so written in his patent, was appointed Lord Chancellor of Ireland, September 1, 1554, 2nd and 3rd Philip and Mary. To hold during pleasure, and receive such fees as his two immediate predecessors, John Allen and Richard Rode, 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 into office. [The oath taken by the Chancellor before the Lord Deputy and Council of Ireland for the due execution of his office was this: ‘Ye shall swear, that you shall be faithfull and true Counsaillour to our most deare Sovereign Lorde the Kinge, and our most deare Sovereign Lady the Queene’s Majesty, their heirs 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 Canc. Rib. Temp. Philip and Mary.]

In the Queen’s letter to the Dean and Chapter of Christ Church he requests them to receive the Archbishop honourably and with due 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. [Harleian MSS. Vol. v.] A notice of his first sermon in Dublin is most complimentary. - ‘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.’ [D’Alton’s Archbishops of Dublin, p. 237.]

In the month of November 155, 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 instructions concerning its weal and, commodity; for the transaction 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 holie Church.’ [Pat. Rot, in Canc. Hib. Temp. Philip and Mary.]

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 Protestant Prelate, Dr. Browne, caused to be removed. He also convened a provincial synod in Dublin, which was necessary in consequence of the alterations of Divine worship, made by his predecessor. [Lofter’s MS. March Library.] At this synod many laws were enacted, regarding the administration of the 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 was appointed Viceroy, and proceeded to St. Patrick’s Cathedral in great state, accompanied by the high officials and Privy Council. He was received at the principal entrance by the Chancellor Archbishop under a canopy of state. The Prelate and attendant priests were clad in 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 Deum was sung by the choir. Having made an offering of a piece of gold, his Excellency dined with the Archbishop. [Mason’s St. Patrick’s Cathedral, p. 163.] The new Lord Deputy had strict injunction to annul the anti-Catholic and penal Acts of the preceding reign, and the first 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 Viceroy, Sir Anthony St. Leger, was supposed to have incurred the Queen’s severe displeasure, by some satirical verses he composed, attacking the church of which she was a member. [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.]

The Irish Parliament assembled in Dublin on June 1, 1557, received with great ceremony the Papal Bull of Paul IV., transmitted through Cardinal Pole, which was read by Archbishop Curwen. This Parliament repealed all the statutes 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 important 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 families, friends to the Reformation, fled thither for protection. [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 list, of Archbishops of Dublin, p. 55.]

Leland, in his ‘History of Ireland,’ relates an amusing story, showing that the persecution of the Protestants, which was confined to England, very nearly 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 relatives, who had fled to Ireland for refuge, as many others had done. Resolved to baulk the design, she managed to distract 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, appeared before the Privy Council, and stated the Queen’s views. When he produced his box, and the pack of cards fluttered on the table, instead of the Royal Commission; we can imagine the blank dismay of the Council, and the 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 Germayne Gardiner, put to death, and daughter of Elizabeth 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. [Pat. Roll in Canc. Hib. 2 and 3 Philip and Mary.]

Queen Mary died November 17, 1558, leaving a memory of which her conduct at the commencement of her reign 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 must be two credible witnesses to every overt act, was held to be requisite in Ireland. [The English Stats. are 1 Edw. VI. c. 12; 5 & 6 Edw. VI. c. 11.] 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 the time of the accession of Queen Elizabeth was extremely critical. Not only were the native Irish more averse than ever to English government, but most of the Anglo-Norman families, 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 Elizabeth was to counteract this state of things; and, the immense tracts of land, which constant insurrection 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 birthe for two descents, successively to followe.’ [Rot. Mun. 24° 25° 26°.] 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, war and martial law extensively prevailed. The Courts of Law were, however, kept in full operation. The boundaries of Church lands, claims in respect thereto, conflicting demands respecting Abbey lands, confiscations 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 professional duties, arranging the conflicting rights of complaining 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. [Pat. Rot. on Canc. Hib. i Eliz.] His reappointment as Chancellor was not made out until the following June [Ibid.], when he received a new Patent, with a new Great Seal. [Borlase Reduction of Ireland, 121] We do not find that the perquisite of the old Great Seal, usually granted to the Chancellor on a change of Seals, was formally bestowed upon him, but, from his 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 potentate 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 wily politician, and accommodated himself so well to the changes of the times, that be 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 no 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 were removed, and orders given to paint the walls of 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 cause of the Reformation, he was regarded with suspicion by his brethren; and this caused injurious reports of him to reach the Queen. Aware of this, he was desirous of leaving Ireland; and, to attain this end, in 1564, he wrote to Queen Elizabeth

[I’ve been unable to reproduce some of the characters used, but I don’t think it affects the meaning. KF]

‘It maie please yor most excellent maiestie, wheare 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 Chancillor of this Realm, and to accomplish the mynisterie belonging to Th’ archbusshop heare, I acknowledge that having served yor highnes, and the Queene your sister, eight years and a half in th’ office and function of Chauncellor of this Realm, and Archbusshop of Dublin, by travaylles in the office gotten in my later yeares, sickness, and not age, that maketh me the lesse hable to continewe my servise in theis places as my hart desireth, I am bould humblie to beseech yor maiestie to disburden me of theis charges, and to bestowe upon me some busshoppricke in England at yor pleasure, to spend the rest of my life in the svice of God, and of yor majestic, in that vocaõñ, in continuance of the good name which I trust hitherto I haue had and deserved, wheare I trust I shuld recouar better health than I haue had in this Realm.

‘And yf yor maiestie can not pñtlie bestowe upon me a busshopprick, then to graunt to me by pencõn, or outher spciall promotion, to the yearelie value of my busshoppricke heare, of which value this bearer, being my naturall brother, can informe yor grace, thereby to kepe my ould servauntes, which long haue taken paines wt me, and continewe som part of the hospitalitie which hitherto I haue ever kept, sith I had ecclesiasticall promotion, untill yt shll please yor highnes to bestowe, some souch busshoppricke upon me.

‘And yf yor majestic meaneth not to bestow such a lyving upon rue, than I humblie besech youe to dispose Th’ office of Chauncellor upon such parson as yor maiestie shall thinke meete, and to permitt me to continewe Archbushopp here, and to giue me some pencion or outher leyving in comenda to suplie the small value of my said archbusshopprick, wch was well helped by the ffee of the office of Chauncellor; in respect of the true service that I haue wtout corruption don unto yor majestie and the Quene 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’ archbusshopprick, the leaving whereof, and not receiving a nother, shall ingender sclaunder against me, that I was deprived yf obteigning any of theis my pore suites at yor majestie’s handes, I shall dispose my-sealf to serve God and yor majestie to the uttermost of my power and calling.

‘I feare much, lest yor hignes upon sinister information have conceaved some misliking towardes me and my doings, which greveth me more than any worldlee matter, and therefore I humblie besech yor majestie to will my Lord Lievetenant, or the Commissioners, to inquier and certifie my doings to yor maiestie, wherein I trust yor maiestie shall understand my dutie, doinge with out corruption, and my travayll in furthuring all yor proceadings belonging to my function, and so referring my sealf holie, and my cause to yor highnes 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 enemyiss.

yor Grac’ is most humble subject,

‘Daylie orator and pore chapplen,

‘H. Diblen, Canc. [Original Letters, edited by Shirley, p. 142.]

‘At Dublin the third of Aprill 1564.

‘To the Queue’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 [Id. p. 145.]:

‘My humble comendacoñs promised unto yor right honorable Mrshipp, wheare my especiall good Lord, the Lord Lieutenant of this Realm, hath shewed me in the Quene’s behaulf her maiestie’s pleasr to be, that I should be perswaded in respect of myne age to sue to be exonerated both of my Archbusshopprick and Th’office of Chauncellor, and to take a pencon of Four hundred poundes. It maie please yor honor to understand I have more neade of an augmentacoñ to my poor lyviñg, than to have it diminished; ffor sith I have served here in this Realm, I have yearelie spend the hole revenues of my Archbusshopprick and the fee of Chauncellor everie penye, I have served her highnes and her Noble Sister in this Realm 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 Majestie’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 utterlie unnable 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 maestie’s pleasr to give me a beesshopprick 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 pencoñ or anuitee in augmentaeoñ 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 pencoñ or other promotion in England, of as good yearlie value as my said Archbushoppricke is, otherwise I shall be constrayned to put awaie many of my pore servaundes which be Englishmen, and have taken paynes wt me here all the tyme of my being in Ireland; and for that sith the first time I had any lyving I have alwaie kept pore hospitallite which I would be loth to give up in my latter daies; I humblie besech her maistie yf I shalbe put to a pencoñ, 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 writ my whole mynd unto yr honor offering mysealff in all things to be ordred as shalbe her highnes most gracieuse pleassr. Most humble beesechyng yor good Mrshipp, not to be offended with this my rude bouldness thus trubbling yor honor, having nothing deserved toward youe, but being utterlie unaquaynted, and annimated 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 hers to her maistie, procuring the knowledge of her pleassr thereon to this bearer, which is my naturall 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, Canc.

‘To the right honourable Sir William Cicill,

Knight principall Seeretarie to the Quenes Majestie.’

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 Proclamation 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 grew more unpleasant every day. Even in his Courts he observed a growing want of respect paid to him; and, though from his position in Church and State a high official, be was seldom consulted upon any subject.

Another letter from the Chancellor is given in Mr. Shirley’s interesting collection. [Original Letters, edited by P. E. Shirley, Esq., a valuable work which entitles the respected editor to gratitude from historians of the Reformation.] 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 addressing Lord Pembroke appears in this letter.

‘After my humble comendacons, wheare in my last lres I was suter to yor honor to be good unto Sainct Patrickes Church here, which church yt is reported that the Quene’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 staie 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 of them have made theyre boast here. My veraie good L. in 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 unproffitable, for the Irish enemyes, under collor 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 noe small hurt, and besides theis the prebends beproch churches, having cure of soules, and therefore needfull to be bestowed upon auncient meñ, and not amongst young scollars, the hole proffet of them standeth in Tythes, wtout any temporal land, wch nowe come being extremelie deare, be some what worth, but yf the price of corne shah fall, they would be of to smale a value to healp any number of scollars, moreou [? KF] the chaung of the Church would be a destruction to Th’archbusshopp heare, who hath not one benefice wtin the English pale to bestowe upon learned men, but onlie the Prebendes of St. Patricke’s which be in number not past xxiiij., so that yf they be altered, he shall not be hable to have one learned man to preach Gode’s word in his diocess, and wheare the Deanry being nowe void, and they prohibited to elect them a newe Deane according to the ordnance of that Church. It maie please yor honor to be a sutor for them to her highnes 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 wt 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 honor.

‘at Dublin the xxist of June, 1564,

‘H. Diblin, Canc.

‘To the righte honorable and my veraie good L. Therle of Pembrouke geue thies.’

In June 1566, Nicholas Narbon was appointed to the office of Ulster, principal Herald and King-of-Arms, with a fee of forty marks a year.

[Contemporaneously with his appointment a warrant issued to ‘all noble estates and gentlemen,’ as well spiritual as temporal, authorising the King-of-Arms to make a visitation, and oversee their arms, as was customary in England; 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 be 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 marriages of all nobles and gentlemen of the realm, and to inform 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 new 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. *

The Chancellor devoted himself with great assiduity to the functions of his office, and as he 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 enigmatical earnestness, ‘though he shamed not to do, I am almost ashamed to mention.’ [Strype’s Life of Parker, i. p. 221.]

The consciousness that he was not trusted, as indeed from the repeated proofs he had given of the unsettled notions be entertained of religion, is not surprising, embittered his life. He repeatedly cited proofs of his regard for the Crown, ‘that no man of his coat [Here there is a marker for a footnote, but, alas, no accompanying text. KF.] 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 though I have not desred any thing of yor honor for the goodness that I 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 winter so sicke, and lycke wise weke, as heartofore I have ben scant hable to pass yt over with liffe, and very glad wold I be if it might stand with her graceouse pleasur to come awaye in such tyme as I myght paid fire for winter, and haye for my borsses; moreou, yt should be well done of her Highnes, after my going away hence, to appoint another Archbeesshoppe with sped; for yf the See stand vacant, much of the lands wil be pilfered awaye by Irishmen, and the howses spoylled, 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 honor 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 Maii, 1566,

‘yor honor at commandment,

‘H. Dublin, Canc. [Shirley’s Original Letters, p. 248.]

‘To the right Honorable Sir William Sissill,

Knight, principal Secretary to the Queen’s Maite, be this gueven with speid.’

The Queen’s principal Secretary of State must have been heartily tired of the Archbishop’s ‘little sutes’ which 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:

‘Sr, after my most hartee comendacens, the Arche Bishop of Dublin, (who imputeth all his good happe of his revocation to my Lord of Lecester and you, as by whose mediation he hath received comfort and favor from the Queen’s Maty,) hath been verie earnest with me to recomende unto you his desier to be disburdenid forthwth of his office here, alleadgying his infirmity of the pallsey, and thereby his dishability to travell towards winter, adding to this, his desire of speedy departur hence, an humble sute to be relieved and recompensed for his long service wth the last half yere’s rent of the Bishopricke of Oxforde. I have weied his requests meet to receive my comendacon, the one being necessary for her Mats Service, if any other Chauncellor were sufficient for the place might forthwth be appointed, the other honorable for her Highness to graunt, wherein his long continued faithful service should receive a contented recompense, both such I laie befor you, desiring yor accustomid favor to pswade this his honest pitticion.

‘And so I bid yo most hartely fare well, from Kylmainham, 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 called ‘an old unprofitable workman,’ a ‘disguised dissembler,’ to be numbered among ‘the dumb dogs who neither teach nor feed any save themselves.’ [Shirley’s Original Letters, p. 201, 226.]

His health began rapidly to fail under the infirmities of sickness, notwithstanding his translation to Oxford. He did not live long in this See, for we learn he died at Swinbroch, near Burford, in October I568. He was buried in the parish church of Burford on November 1, 1588.

The character of Curwen as an ecclesiastic and politician is so apparent from his life that I am spared further notice of one, who, had he lived a century later, might fairly be regarded a trimmer. I must, however, mention some of the legal changes of his time. His experience as an Equity Judge helped to mould the Court of Chancery in Ireland upon the English model, and there the equitable jurisdiction was greatly extended. The process of the 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 rendered 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 Chancery, recently published by Mr. Griffith, of Crown Office Row, Temple, the state of the law regarding the mercantile classes, at this time, is shortly but clearly stated. By 34 and 35 Henry VIII., c. 4, commissions against Bankrupts issued out of Chancery.

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