Life of Lord Chancellor Sir William Gerard.

Chapter XXI.

Life of Sir William Gerard, Lord Chancellor of Ireland. **

**

Sir William Gerard, Dean of St. Patrick’s, Dublin, received the Great Seal of Ireland in the year 1576. [Mason’s St. Patrick’s Cathedral, p. 172.] The Gerards are very distinguished in legal annals. Lord Chancellor Gerard was grandson of William Gerard, of Ince, in Lancashire, sprung from the same family as the Gerards of Bryn, who claim a common ancestry with the Dukes of Leinster, in Ireland, and the Earls of Plymouth, in England. The Gerards of Bryn are now represented by Sir Robert T. Gerard, Bart., of Garswood Hall, Warrington. His family have always remained steadfast to the Catholic faith, while the ancestors of the Chancellor embraced the reformed creed. William, the future Chancellor of Ireland, was son of James Gerard and Margaret, daughter of John Holcroft, of Holcroft. Like Chancellor Weston, he had a brother on the English Bench, Sir Gilbert Gerard, Master of the Rolls [Foss’s Judges of England, vol. v. p. 491.] thus it not unfrequently appears that several members of the same family occupied seats on the bench of England and Ireland contemporaneously. It is most probable that the zeal which Gilbert Gerard displayed in support of Princess Elizabeth, [In the time of Queen Mary, when the Princess Elizabeth was questioned at the Council table, Gilbert Gerard was permitted to plead there on her behalf, and performed his part so well as that he suffered imprisonment for the same in the Tower. - Dugdale, Baron. vol. ii. p. 417.] caused her, when Queen, to lose no opportunity of advancing such members of his family as displayed capacity for business. William Gerard arrived in Ireland on June 1, 1576, as Dean of St. Patrick’s and Lord Chancellor. His first measure was not likely to make him popular; he was speedily engaged in litigation with the Lords of the Pale, who maintained they ought not to be assessed to pay taxes by proclamation of the Council, but by Act of Parliament, according to the custom and constitution. The Chancellor asserted the Royal prerogative, contending the demand made for cess was a branch of such right of the Queen, and had been exercised since the time of Edward III.; that necessity and self-preservation required it. The Lords of the Pale were not contented with this reasoning, but laid the case before her Majesty, and sent a deputation of three lawyers to London to support their cause. A voluminous memorial was presented by this deputation, signed by the chief Lords and gentlemen of the Pale, in the name of all the inhabitants. The Queen referred the matter to her Privy Council; and, after due discussion, her characteristic decision was, ‘that the impost originated in times beyond the memory of man, and of course ought not to have been questioned.’ Then, as a punishment for the petitioners resisting the Royal prerogative, she sent the agents, first to the Fleet Prison and afterwards to the Tower; and ordered the Lord Deputy to do the same with the petitioners in Ireland, who were accordingly committed to the Castle of Dublin. On finding how little their opposition availed against the imperious will of Queen Elizabeth, they were only too glad to compound for their liberty by paying the tax. [Cox, vol. i. p. 349. Holinshed’s Chronicle, vol. vi. p.589.]

The Chancellor was soon impressed with the difficulty of governing a country where jealousy and the desire to lower individuals of mark in the public esteem was so common. In September, 1577, he was sent to London by Lord-Deputy Sidney and the Council of Ireland, to answer accusations preferred against the Deputy and his administration. During his absence, Ex-Chancellor Loftus held the Seal. Gerard’s mission was completely successful. The Queen highly approved of the course taken, and in her letter to the Viceroy she speaks in high terms of Lord Chancellor Gerard, gave him liberty to export yarn, [Chancellors still, sometimes, deal in yarns.] and requested the Deputy, Sir Henry Sidney, not to leave the Government until his arrival.

Shortly after the Chancellor’s return, Sir Henry Sidney took shipping at the Wood Quay, Dublin, delivering the Sword of State to the Chancellor, with whom it remained until transferred to Sir William Drury, Lord President of Munster, whom he ‘swore into office as Lord Justice. [Cox. Vol. i. p. 353.]

Sir William Drury had but a short tenure of office. Through zeal for the Queen’s service he undertook more labour than his constitution could endure. In order to set good example, he underwent privations unknown to Viceroys - such as living in camp like a private soldier - and, no wonder, his health gave way. In the Autumn of 1570, he was taken very sick at Waterford; and, feeling his death near, he sent for Lord Chancellor Gerard and Lady Thane, his wife, who attended him at Waterford. He was perfectly conscious, and having given full instructions to the Lord Chancellor respecting the Government, he tried to console his wife, so soon to be a widow. In two days after her arrival death parted them. His body was embalmed, brought to Dublin, where it lay in state several days, and was interred by the Queen’s command in St. Patrick’s Cathedral. A monument was erected, but faithless to its charge, is no longer traceable. [Mason’s History of St. Patrick’s Cathedral, p. 173.]

To Drury succeeded Sir William Pelham, who, on receiving the Sword of State as Lord Justice, in the presence chamber of the Castle, made the first use of it by conferring knighthood on the Chancellor. This was done in consideration of his good services, in causes of the Council table, and in token of Her Majesty’s approbation of the same. [Holinshed’s Chronicle, vol. vi. p. 421.] It was also decided that the Lord Chancellor should pass into England, with letters of advertisement to Her Majesty and Council of the State of Ireland, and the proceedings taken by the Lord Justice against the rebels.

Sir William Gerard was also instructed to utter by speech what was to be advertised and answered upon Her Majesty’s demands and Councils.

In 1580, the Lord Chancellor was called on to take his share in the troublesome work of settling the disputes on the subject of religion. He was appointed Commissioner for Ecclesiastical Cases in Ireland; and the labour and anxiety he suffered in endeavouring to reconcile conflicting claims soon severely told upon his health. Having had a medical opinion to the effect that he needed both change of scene and rest from his heavy judicial labours, he reported the advice of his physicians to England, and had promptly the Queen’s letter of license for leaving Ireland, dated August 8. He accordingly returned to England, and hoped his native air would restore him; but it was not possible to avert the final blow. Sir William Gerard died at Chester in the Spring of 1581; and, on May 1, he was buried in St. Werburgh’s Church, in that ancient city. [Mason’s History of St. Patrick’s Cathedral, p. 174.]

An important improvement was effected about this time, which shows that the Queen exercised considerable watchfulness over Irish State officials. Writing from the Manor of Richmond on March 11, 1582, to the Lords Justices, Archbishop Loftus and Sir Henry Wallop, she forbids the removal of any public officer on the occasion of the change or alteration of the Chief Governor; ‘for it had been found that they abused their offices by making private gain for the time, without respect to the due discharge of these places, expecting every day to be removed.’ [Morrin’s Calendar Pat, and Close Rolls Chan. Ir. vol. ii. p. 39.] She especially forbids the removal of the following officials - Nathaniel Dillon, Clerk of the Council; Thomas Masterson, Constable of Ferns; Thomas Plunkett, Searcher and Comptroller of Dublin and Drogheda; Richard Colman, Chief Remembrancer of the Exchequer; and Thomas Browne, Keeper of the Gaol in the Castle of Trim.

The Viceroys held office for a short time on an average. In the few years following the invasion of Strongbow, between 1172 and 1200, Ireland had no fewer than seventeen Chief Governors. In the thirteenth century, they numbered forty-six; in the fourteenth, ninety-three; in the fifteenth eighty-five; in the sixteenth, seventy-six; in the seventeenth, seventy-nine; in the eighteenth, ninety-four.

While such a constant succession of Chief Governors continued, there could be little sympathy between the Governors and the governed. The former had no time to become acquainted with the people over whom they ruled; and, taking their views of the country from those who were their official coadjutors, often antagonistic in race, in creed, and political action to the Irish, were naturally biassed by them. Thus the Viceroy was often beset by toadies and sycophants, who, like Mr. Isaac Corry, ‘thanked God they had a country to sell.’ Then sometimes the officials were counteracted by each other; and, in our own time, a Viceroy, Chancellor, and Attorney-General were said to have been opposed in political action to the Chief and Under-Secretary, and Law Adviser.

Law officers appear to have been treated with great consideration by Queen Elizabeth. In a letter to Sir Henry Sidney, Lord Deputy, in 1578, she nominates Thomas Snag, Attorney-General for Ireland, Her Majesty observing ‘that the public service had been not a little hindered through the default and insufficiency of the officers of the law previously appointed; for redress whereof Her Majesty thought that a person well-chosen in England, might be sent over to exercise the office of Attorney-General; and, therefore, she made choice of Snag, being sufficiently persuaded of his learning and judgment in the law, wherein he had been a long practiser as a Counsellor, and grants him an extraordinary pension of 100l. year, in addition to the official fees incident to his office, and wages of two horsemen, and their footmen, according to the ordinary entertainment; and, for as much as for an infirmity taken by an extreme cold, he hath once in the year used his body to the baynes (baths) in England, the continuance whereof was requisite to his health, Her Majesty requests he shall have license to repair to England once a year, for six weeks, at such time of vacation as may best agree with his cure, and be least hindrance to the public service.’ - Oteland, September 13, 19th Eliz. [Morrin’s Calendar Pat, and Close Rolls Chan. Ir. vol. ii. p. 11.]

The office of Solicitor-General, also claimed attention.

• The Lords of the Council in England wrote to Sir John Perrott, Lord Deputy, relating to the appointment of Roger Wilbraham to the office of Solicitor-General, and informing him that, ‘as the fee appointed for that place was very inadequate to answer the charge incident thereof, and, seeing that Her Majesty, by reason of other great charges that she was at, could not be induced to increase or supply the same out of her own coffers, they thought it proper earnestly to pray and require his Lordship to give order that the Solicitor should have the allowance of four dead pays, out of such bands as could most conveniently spare it, whereof we eftsone require you that there be no default; and so we bid you heartily farewell. Postscript. - Our meaning is, that the said Master Solicitor’s entertainment should be made as good as that of the Attorney-General there, either by dead pays or otherwise, as hath been ordered for the Attorney.’ [Ibid. p. 108.] Greenwich, February 12, 1585. [There was a difference between the allowance to the Attorney-General and Solicitor-General in England at this period. The former receiving a fee of 61l., with 201. as a Justice of Assize; the latter having a fee of 50l. It is strange to find the Attorney-General entitled to an allowance as Judge of Assize. In Ireland he could not be thus employed because he directs all criminal prosecutions.]

The best idea of the judicial labours which the various Chancellors of Ireland were called upon to discharge in the Court of Chancery during the reign of Queen Elizabeth, may be found from examining the decrees of the Court. There are no less than 780 decrees enrolled; and, when we bear in mind that many of these causes took several days to hear, what with motions, arguments, and adjournments, we find the Chancellors had no sinecure. I have already given specimens of pleadings, so shall not occupy the reader further on this point.

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