Life of Lord Chancellor Weston.
Chapter XXVIII. Life of Lord Chancellor Weston. When Archbishop Curwen resigned the Irish Seals, in 1567, the Queen selected as his ...
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Chapter XXVIII. Life of Lord Chancellor Weston. When Archbishop Curwen resigned the Irish Seals, in 1567, the Queen selected as his ...
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Chapter XXVIII.
Life of Lord Chancellor Weston. **
When Archbishop Curwen resigned the Irish Seals, in 1567, the Queen selected as his successor Doctor Weston, Dean of Arches, a very different character; for Ifind 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 [Vol. v. p. 543.] in his most valuable repertory of legal biography, ‘The Judges of England,’ is traced as high as Rainaldus de Baliole, in Normandy. He became Lord of Weston, 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 distinction. Richard, the second, entered the Middle Temple, where he arrived at the rank of Reader in 1554. [He was successively Solicitor-General, Queen’s-Serjeant, and a Justice of the Common Pleas in England, ib. 544.] Robert, the third son, was educated at All Souls’ College, Oxford, and so distinguished himself, that he became one of the Fellows. 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 fulfilled 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 Stone, who had been appointed by Henry VIII. In 1556 he was admitted to the degree of D.C.L., being the only doctor of this faculty who was licensed that year. There was such a scarcity of 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. [Mason’s St. Patrick, p. 168.] 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, [Rymer, vol. xv. p. 547.] 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 the same year, and also one of the Commissioners empowered to examine into and determine all controversies between the subjects of the Crown of England and those of Philip King of Spain. [Ibid. p. 639.] 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 on August 8, 1567. [1 Mason’s St. Patrick, p. 169]
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 Chancellor,’ says Hooker, ‘was a noteable and singular man, by 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 themselves most happy and blessed to have him serve among them.’ [Holinshed’s Chronicle, vol. vi. p. 336.]
The Queen having summoned the Lord Deputy to return to England, by letters dated August 12, 1567, directed the Chancellor and Sir William Fitz William, Vice-Treasurer, to be appointed Lords Justices, [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 had by you, because we mean not to make any full conclusion of the keeping of any Parliament there until your coming.’] to administer 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 advising 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. [Holinshed’s Chronicle, vol vi. p. 559.]
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 Chancellor 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 Commonwealth. He then addressed the members of the House of Commons, whom he desired to assemble in their own 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 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 members were paid - Knights of Shires received 13s. 4d. a-day; representatives of cities, 10s.; of boroughs, 3s. 4d. Contention sprang up amongst the honourable Members, and the Judges were called on to interfere, notwithstanding which a considerable delay ensued before any business was done. The orders and rules which regulated Parliaments in England were adopted. In these rules there is not any form of oath prescribed to prevent Roman Catholics or Dissenters sitting in Parliament. [Irish Parliaments, by the Right Hon. James Whiteside, pt. i. p. 47.]
During the winter of 1572, and the ensuing spring, the Chancellor was much indisposed; but be 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 faithful counsellor, [Mason’s history of St. Patrick, p. 171.] and one of his chief supporters. He died 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 godlie, 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; 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, remembering 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 effectually, 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.’ [Holinshed’s Chronicle, vol. vi. p. 373.]
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 Chancellors 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 England, was not extended to Ireland until a subsequent period.