Lord Chancellor De Bicknor

CHAPTER II.

Life Of Lord Chancellor De Bicknor. *

There appears some uncertainty as to the time the Great Seal of Ireland was intrusted to Alexander De Bicknor. In Sir James Ware’s Synoptical Table of Lord Chancellors of Ireland, I find he is named Lord Chancellor in 1325, [Antiquities of Ireland, by Sir J. Ware, vol. i.] and in Mr. Gilbert’s work on the Viceroys, he appears also as of the time of Edward II. [Gilbert’s Viceroys of Ireland, p. 120.] I, therefore, include them among the Lord Chancellors of this reign.

De Bicknor was descended from an English family who reached distinction in the reign of King Edward I., and he was a great favourite with King Edward II.

In January 1314, on the melancholy death of Chancellor Thornbury, he set sail for Lyons. He was recommended by the King to Pope John XXI. as a man of profound judgment, high morality, deep learning, strict 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, Edward II. named him in a commission with Raymond 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 Bicknor’s having to correspond with no fewer than twenty-four Cardinals), he was confirmed in his appointment to the See of Dublin by Pope John XXI., and complimented on his ‘great learning and conspicuous birth.’ He was consecrated at Avignon on July 22, 1317.

Archbishop Dc Bicknor did not reach Ireland until Oct. 9, 1318, when he was sworn in Lord Justice and received by the clergy and laity with great warmth. On the 18th of November following he was summoned with the prelates and nobles to attend a Parliament at Lincoln, ‘but,’ says the Lord’s’ Committee on the Peerage, ‘on 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. [D’Alton’s Archbishops of Dublin, p. 125.] In Lord Coke’s chapter on Ireland [Fourth Institutes, p. 350.] 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.’ [Coke’s Institute’s.]

In the first year of his appointment King Edward II., who was engaged. in the war against Bruce and 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 200l. yearly, exempting such as were held in fee of the Crown, to hold to him and his successors for ever. Application 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. [Rymer’s Foedera.] The invasion of Ireland by Edward Bruce, brother of Robert King of Scotland, forms a curious episode of Irish history of which I have written a full account, but it is foreign to my present work. [Vide Chapter VI., History of Dundalk, by D’Alton and O’Flanagan, p. 46.]

There were very loose notions of practice in the law Courts of the colony for many years. This is hardly a matter for much surprise. In tempore Edward II., 1320, 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.’ [Rot. Parl. vol. i. p. 386.] 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 40l. a year with fees and perquisites. In this reign Nicholas Le Clerc, Treasurer for the King in Ireland, was charged by the clergy of Tuam 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 ecclesiastic. 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 acknowledge that he had falsified his accounts by the introduction of counterfeited writs and acquittances. [Gilbert’s Viceroys of Ireland, p. 120.]

Anxious that the natives of Dublin should be brought 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 Columba, Johannis 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 knowledge, 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 principles of philosophy I learned but lately from the testimony of Benedict Abbot of Armaine.’ [Mosheim, Cent. VIII. Part 2, Chap. III.] 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 provided 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 [Hecker] that even side by side with eternal Rome the Alma Mater of Oxford may be fitly named for producing 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 prophetic vision of one in our own day [John Henry Newman, D.D.] ‘who loves this dear country with the devotion of a son, though not native of our soil, for a more central position than Oxford has - for a city less inland than that sanctuary, and a country 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 had never quenched it - a Church which comprehends in its history the rise and fall of Canterbury and York, which Augustine and Paulinus 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.’ [The Catholic University Gazette, p. 24. Dublin: 1854.] Having laid the matter before Pope John XXII., his Holiness approved of the undertaking, and the rules for the University were as follows [Antiquities of Ireland, by Sir James Ware, p. 7.]:-

‘In the name of God. Amen. We, Alexander de Bicknor, 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 Chancellor, a Doctor of Divinity, or the Canon Law. So that if in either of our churches of the Blessed Trinity, or St. Patrick’s in the said place, any have obtained that degree in either of the said faculties, he shall by the same persons 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 successors, 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 Chancellor be not made within fifteen days, that then the jurisdiction 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 imposed 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 Regent Masters 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 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 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 Archbishop carried his project into some degree of completion. 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 the councils of his Sovereign. He went as Ambassador to 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 Arragon. [Rymer’s Foedera, vol. ii. p. 573.]

Having been in some measure instrumental in causing the surrender of the town and castle of La Royalle, in 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 personally against so exalted a dignitary of the Church, King Edward applied to the Pope, and by letter, dated May 28th, 125, made a formal complaint to his Holiness 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. However, 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 Archbishop 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. [Rymer’s Foedera, vol. ii. p. 600] 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 revenues 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 Dame Alice Kyteler, was taken prisoner, 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. [Wadding’s Annals, vol. viii. p. 419.] He had numerous contentions 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 Archbishop 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 Bishop of Meath, and other well-affected dignitaries, respecting the affairs of Meath

• to establish a militia for preserving the peace of that county, and apprehending all traitors and their abettors. [Rot. Tur. Berming.]

In July 1339, the Archbishop was directed to put his fortress at Castle Keven in a state of defence, and as he was well acquainted with the state of Ireland - that difficulty 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 language, such as releasing him ‘for sundry false writs and acquittances which he had put into his treasurer’s accounts 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 Acts of which are preserved, [Wilkins’ Concilia, vol. ii.] 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 See, Armagh, over that of Dublin. He was fortified by the authority of the King, and entered Dublin with the crozier erect before him, lodged in the city for three days, 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 Kilmainham, 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. [D’Alton’s Lives of the Archbishops of Dublin, p. 133.]

On July 14, 1349, Archbishop de Bicknor died. He had administered the government of Ireland for a considerable 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. [Sir James Ware.] 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 observation, He preached in Christ Church against sloth and idleness, and of the mischiefs arising from the stragglers and beggars that infested the streets of Dublin. He inveighed warmly against everyone who would not exercise 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. [Mason’s St. Patrick’s Cathedral, p. 135.]

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 sanctae crucis anno regni Edward 13°, apud Wynton, liberata fuerunt Rogero Bretan, clerico venerabilis patris, Stephani, Waterfordiensis Episcopi, tunc justiciarii Hiberniae, quidam statuta, per regem et consilium suum edita et provisa; viz. statutum Westm. I., statutum post coronationem regis editum, et statutum Glouc., et statutum pro mercatoribus factum, et statutum Westm, II. in Parliamento regis paschae, anno praedicto, provisum et factum in Hibernia deferenda et ibidem proclamanda et observanda.’

The first are declared to be statutes enacted by the King and his Council. The latter in the King’s Parliament, 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 legislative proceedings is contained in the Red Book of 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, exemplified, 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. [Red Book of the Exchequer, Dublin.] 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. [Morrin’s Pat, and Close Rolls, Chanc, Ir. vol. ii. preface, p. xlvi.]

The contents of the Red Book of the Exchequer is 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., Dc Absentibus: Writ 4° Ric. II. 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 Westmonaster.: 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° 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 observance: Averment encinte protection, 10° Henry IV., an ancient calendar, the twelve months complete. Some sacred writings; Latin verses; Qui jurat super librum tria facet, primo: Allowance to the Master of the Mint in England, pro operag’ et Monetag’; and a memorandum quod W. de Wymundham misit 24 picias cuneorum in Hibernia pro moneta ibidem facienda: Proclamation for decrying false money - 27° Edwd. III.; Oath of Justice; De Juramento 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 Edward 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° Ii.: Kings of England from William the Conqueror; Four writs de Capitali Banco; Oaths of allegiance, supremacy; Lists of Officials, Officers of Exchequer, Oaths of Commissioners of Appeals.

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