Life of Lord Chancellor Sir Richard Bolton.

Chapter XXIV. **

Life Of Sir Richard Bolton, Knight, Lord Chancellor of Ireland. **

Sir Richard Bolton was a native of England, born in Staffordshire towards the close of Queen Elizabeth’s reign. At this eventful period the intellectual world made great strides, not only in literature, but in law, not merely in bellr lettres but black letters. Great names were and are familiar to the student. Shakespeare and Spenser gained renown in literature; Coke, Bacon, Ellesmere, and other able lawyers won fame in the legal annals of their native land. These men were the architects of their own fortune, and, no doubt, their success fired the mind of young Richard Bolton and made him apply himself to the study of the law. Having been called to the Bar, he resolved to try his fortune in Ireland, and the result proved the sageness of his plans.

He had been a diligent and attentive student, and the paucity of legal works, relating to Ireland, struck him at once. Here, then, was an opening to introduce him to the profession in Ireland, so he resolved to make himself known as a legal author. He selected for his first work, the Statutes of Ireland. ‘The History of the Statutes’ is the most correct guide to the social and political condition of a country. [Whiteside’s Lectures on the Irish Parliament, p. 29.]

In the year 1621, Mr. Bolton published ‘The Statutes of Ireland,’ beginning the third year of King Edward II., and continuing to the 11th James I., which he examined with the Parliament Rolls. In the dedication of this volume to the Lord Deputy, the Right Honourable Sir Oliver St. John, he says, ‘Considering that many good Statute laws, of force in this kingdom, were never hitherto imprinted, and (upon search), finding that, for want of imprinting many others were perished and lost in these troublesome and miserable times of rebellion, which hath been in this kingdom, and finding also, by experience, that the printed books of these Statutes, which were formerly printed, are so few, that there be not sufficient to furnish only the practisers and Judges; so as both the common people, and some of the professors of the law, yea the Judges themselves, did want the ordinary means to attain the knowledge of the Statute laws, and were constrained very often to have recourse to the Parliament Roll. And finding also, by daily experience, that Justices of the Peace, sheriffs, constables, and other officers, fall short in the execution of their offices, to the great detriment of the commonwealth, I resolved to peruse all the Parliament Rolls which are extant, and to extract such Statute laws as were general, or concerned the general good, which I, did accordingly; and after your Lordship’s perusal, they were again perused by the Chief Judges and Master of the Rolls, and by them allowed to be imprinted, together with so many of the Statutes formerly imprinted not repealed. Howbeit some few of those Statutes, formerly printed, are by the alterations of the times grown out of use - especially those concerning Marchers - and those distinguishing between English and Irish, and persons amenable and not amenable to the law, are by implication, and good construction of Hen. VIII., 3 & 4 Phil. & M. and 11 Eliz, fully repealed. For now Irish are no enemies, but subjects, with the full benefit of the laws: and all Ireland is divided into counties, and the King’s writ doth now run [Previously it was humorously said, ‘In remote Parts of Ireland the King’s writ never ran, except when it ran away.’] into all parts thereof, so as now every man is amenable to the law, and may be punished for every offence by the ordinary course of justice. Yet the Judges and Master of the Rolls thought fit that these Statutes, which had been formerly printed and were not expressly repealed, should be printed again, lest matters of moment were omitted, and though these Statutes were obsolete, they may well serve for an historical use, whereby the judicious reader may partly observe the state of the Church and Commonwealth in those times.’ The work was well received, and gained the learned compiler a high reputation, which recommended him for official rank.

Bolton’s legal ability was not confined to writing treatises. He was regarded as an excellent lawyer, and received the honour of knighthood. He rose rapidly in his profession, for once attornies feel confident their business will be well done, they push the rising Counsel rapidly forward. On the revival of the Court of Wards, 1 Charles I., the offer of First Attorney of that Court was granted to Sir Richard Bolton. [Morrin’s Calendar Pat. and Close Rolls, Chanc. Ir. vol. iii. p. 3.] A higher place was shortly added. On the death of Sir John Blennerhassut, Chief Baron of the Exchequer, he was nominated his successor, and, by the same letters patent, appointed a Member of the Privy Council of Ireland. [Id. P. 25] The Master of the Court of Wards, Sir William Parsons, felt reluctant to part with so efficient a colleague, and made such representation to the Government of the assistance he received from Sir Richard for raising the Crown revenues in that Court, and in despatching affairs then depending there, and the loss which must be sustained by his removal before the tenures and revenue were better settled, that the King, by letters patent, licensed him to hold both offices. [Id. P. 26.]

The relations between Lord Chancellor Loftus and the Government had long been of an unpleasant nature. Complaints prevalent against the Chancellor while Lord Falkland was Viceroy bad been renewed repeatedly during the time Lord Wentworth held office, and as no amount of remonstrance effected any change in the Chancellor, there remained only the alternative of his removal from the Bench. This was ultimately effected, as we have seen, in terms the reverse of complimentary to the outgoing Chancellor. His Lordship, however, remained of the Privy Council, was secure in the possession of a large fortune and a title, no small consolation to a discarded Judge. On the removal of Lord Loftus, in January 1639, Sir Richard. Bolton was appointed Lord Chancellor of Ireland.

At this time the salary of the Lord Chancellor received a very considerable increase, The King, considering the great trusts and weighty employments incident to the office, and the great charges and expenses which the Chancellor must necessarily undergo for the decent and honourable support of the dignity of this post, and the acceptable services done by Sir Richard to the King, and the late King James, as also of the smallness of the standing fee and perquisites belonging to the office, for his better support gave him 500l. a-year, during his continuance in that office. [Privy Seal, West July 15, and Patent, Dublin, August 2, 1640.] No doubt the disgraceful state of affairs which existed in England induced the King to make some effort to prevent wholesale trading in offices in Ireland. We read that when the Mastership of the Rolls was vacant in England, Sir Charles Caesar applied to Archbishop Laud for advice and assistance about the vacancy, who said that, ‘as things then stood, the place was not like to go without more money than he thought any wise man would give for it.’ Sir Charles paid 15,000l. for the office with a loan of 2,000l. to the King; but Charles I. had some compunction, and returned 3,000l., paid by Doctor Back on the death of Sir Charles Caesar. [Foss’s Judges of England, vol. vi. p. 208.]

The new Lord Chancellor discovered he was to undergo some of the annoyances and troubles that made the wool-sack to his predecessor as stinging as a bed of thistles. He was obliged, from the nature of his position, to bear some share of the odium which sprang from the measures of the Lord Deputy, Wentworth, afterwards Earl of Strafford. This steadfast friend, but unfortunate adviser, of Charles I. was alike unpopular with the nobles and humbler classes in Ireland. His haughty bearing rendered him arrogant to the one and insolent to the other. He resolved to gain the Province of Connaught for distribution among his partisans, and to plant it as James I. had planted Ulster, and with this object a Commission of Enquiry into defective titles was issued. He expected that this project would sweep away the old Catholic proprietors; but the Sheriff of Galway did not pack a jury who would find for the Crown. The baffled Deputy was enraged; he fined both sheriff and jury as his revenge. The decision of Judges at this period, when they acted with subserviency to the Crown, was regarded, as, no doubt it often was, contrary to law, and the Commons resolved on impeaching the Chancellor and other Judges and Privy Councillors, supposed to be aiders and abettors of the arrogant Viceroy. This was the pretext, but another motive also actuated them - a desire to prevent the Lord Chancellor and others giving evidence in favour of the Lord Deputy, then imprisoned by the English Parliament.

Articles of Impeachment of the House of Commons of Ireland against the Lord Chancellor, Sir Richard Bolton, Knight; John, Lord Bishop of Derry; Sir Gerard Lowther, Knight, Lord Chief Justice of the Common Pleas; and Sir George Ratcliffe, Knight, were prepared by order of the House, dated February 27, 1640. The Committee appointed to prepare these charges numbered no less than forty-four members, and the list undoubtedly contains names well known in the profession of the law.

On March 5 they had the Articles prepared in the following order:-

‘First that they, the said Sir Richard Bolton, Knight (with the others as above), intending the destruction of the Commonwealth of the realm, have traitorously confederated and conspired together to subvert the fundamental laws and government of this kingdom; and, in pursuance thereof, they, and every of them, have traitorously contrived, introduced, and exercised an arbitrary and tyrannical government against Law throughout this kingdom, by the countenance and assistance of Thomas, Earl of Strafford, then chief Governor of this kingdom.

‘Secondly, that they and every of them, the said Sir Richard Bolton, Knight, Lord Chancellor of Ireland, (and the others,) have traitorously assumed to themselves, and every of them, Royal Power over the Goods, Persons, Lands, and Liberties of his Majesty’s subjects of this Realm; amid likewise have maliciously, perfidiously, and traitorously given, declared, pronounced, and published many false, unjust, and erroneous Opinions, Judgments, Sentences, and Decrees, in extrajudicial manner, against Law; and have propitiated, practised, and done many other traitorous and unlawful Acts and things, whereby as well divers Mutinies, Seditious, and Rebellions have been raised, as also many thousands of his Majesty’s Liege People of the Kingdom have been ruined in their Goods, Lands, Liberties, and Lives; and many of them being of good Quality and Reputation, have been utterly defamed by Pillory, mutilation of Members, and other infamous punishments; by Means whereof his Majesty and the Kingdom have been deprived of their services in Juries and other public employments, and the general Trade and Traffick of this Island, for the most part, destroyed, and his Majesty highly damnified in his Customs and other Revenues.

‘Thirdly, that they, the said Sir Richard Bolton, Knight, Lord Chancellor of Ireland (and the others), and every of them, the better to preserve themselves, and the said Earl of Strafford, in these and other traitorous courses, have laboured to subvert the rights of Parliament, and the antient courses of Parliamentary Proceeding; all which offences were contrived, committed, perpetrated, and done at such times as the said Sir Richard Bolton, Sir Gerard Lowther, and Sir George Radcliffe, Knights, were Privy Councillors of State, within this Kingdom, and against their, and every of their, oaths of the same; and at such time as the said Sir Richard Bolton, Knight, was Lord Chancellor of Ireland, or Lord Chief Baron of the Court of Exchequer, within this Kingdom, and Sir G. Lowther, Chief Justice, and John Lord Bishop was Bishop of Derry, contrary to their and every of their Allegiance and oaths.

‘Fourthly, for which the said Knights, Citizens,. And Burgesses do impeach the said Sir Richard Bolton, Lord Chancellor (and the others), and every of them, of High Treason against our Sovereign Lord the King, his cause and dignity.’ [Com. Jour. Ir. vol. i. 198.]

While these proceedings were impending, it appears to have been the opinion of the Irish House of Commons that the Lord Bishop of Derry would give them the slip, for on May 21, 1641, a message was sent to the Lords, ‘that it is the desire of this House that they would be pleased in regard the Lord Bishop of Derry lyeth so near the water, to appoint his Lordship a more secure lodging.’ [Id. P. 210.]

There was considerable vexation and delay amongst the legal profession, resulting from these proceedings. The Court of Chancery could not sit without its Chancellor; nor the Court of Common Pleas without the Chief Justice; nor the Star Chamber without both.

While the proceedings were pressed forward in the Commons, the Lords Justices and Council did everything to create delay, and we cannot but be amused at the entry in the Journals of the Commons of Ireland, when the Speaker and Members returned from the Council Board, and reported to the House the Lord Justices ‘had reminded them of the King’s letter concerning precedents to be found out for the right of judicature in the Parliament of Ireland, that another thing was concerning Tobacco.’ [Id. P. 239] At length, on July 10, 1641, the Lords Justices desired ‘that the House would forbear proceeding of the Lord Chancellor and the Lord Lowther upon the impeachment; that they were advertised from England about judicature in capital cases; that they would forbear examining witnesses in that behalf. [Commons’ Journal, Ir. vol. i. p. 253.] These high judicial personages, unwilling so great a cloud should rest on their reputation as was implied by these grave charges, presented a petition to the House upon the subject with a view of clearing their characters, whereon, after debate, it was fully resolved ‘that the House should proceed no further upon the said Articles of Accusation against the said Lord Chancellor and Lord Chief Justice;’ [Id. P. 298.] and thus terminated an attempt to bring obloquy upon these two exalted Judges.

The Chancellor sought consolation for the sufferings he underwent in the pleasures of literary employment. The want of some manual for the assistance of Justices of the Peace in Ireland was much felt, and with the view of supplying that deficiency, Sir Richard prepared a work, ‘A Justice of the Peace for Ireland,’ consisting of two books. The first declaring the exercise of that office by one or more Justices of the Peace out of Sessions; the second, setting forth the form of proceedings in Sessions - the matter to be enquired into - with precedents annexed. [Published in Dublin in 1678 and in 1683, folio.]

I believe that once a man gets a taste for writing, it grows upon him, and he can no more resist its influence than the tree the expansive powers of spring and summer. The leaves must come, the boughs must grow, the trunk expand, the author write. Amid the conflict of civil wars and contending parties, sufficient to distract any but the most diligent writer, Sir Richard Bolton was penning his law works patiently and perseveringly. In addition to those already mentioned, he wrote ‘Rules for a Grand Juror, or Articles given in Charge to and Enquired of by the General Quarter Sessions of the Peace.’ [Dublin, 1681, 4to.]

In the reign of Charles I. the dignity of the Coif [It is a mistake to suppose, as has been the case, that the black patch in the crown of the serjeant’s bar wig, is the Coif; the Coif is a circular piece of white lawn, lying beneath the black cloth or silk. The ancient Coif was made of white silk or lawn, and covered the Serjeant’s skull, to which it was fastened by strings tied beneath the chin. Over the white, the Serjeant wore a black Coif cap, still preserved in the black cap, which the judge assumes when passing sentence of death. Common-law Judges in the seventeenth century wore the Coif and cap, which were exchanged for wigs in the days of the Restoration.] was granted to the Irish Judges. The patent states that, ‘Taking into our princely consideration the state of our Judges and Serjeants-at-Law, both in England and Ireland, and how much it concerns us to countenance and encourage them in their several employments and places, particularly calling to mind the many great and effectual services performed by many of our Judges in that our realm of Ireland. We are graciously pleased to signify unto you our Royal pleasure to advance them all, both Judges and Serjeants, in that our realm, unto the state and degree of Serjeants of the Coif; in the same sort, quality, and degree, as, time out of mind, hath been used in this our realm of England for all our Judges of our Courts of King’s Bench, Common Pleas, and sundry of our Barons of the Court’ of Exchequer, and Serjeants-at-Law; to the end therefore the said Judges of both our Benches, and also our Barons of our Exchequer, and our Serjeants-at-Law, in our Kingdom of Ireland, may be dignified with the like state and degree of Serjeants-at-Law and of the Coif, as our Judges and Serjeants-atLaw here in England are. We do hereby authorize and require you to cause several writs to be framed and made in our Courts of Chancery, under our Great Seal, to be directed to such of our several Judges and Serjeants there respectively as are not already of the Coif, thereby commanding and enjoining every of them, at the several days therein respectively to be appointed, to ordain and prepare themselves to take upon them the state and degree of Serjeants-at-Law, and that they do, after their said several writs returned, together with the Coif; take upon them the very same form and fashion of robes, habits, and other ornaments, as are used here by our Judges in England, according to the several degrees and places in Court.’ [Westminster, Oct. 7, 1639. 15 Charles I. 2a pars fac., R. 56.]

During the years from 1641 to the arrival of Cromwell there was little law business transacted. The country was desolated by internecine strife.

Sir Richard Bolton was Lord Chancellor in 1641, when, on October 2 in that year, Conor Maguire, Baron of Enniskillen was arrested in Cook Street, Dublin, a narrow and poor street running parallel to the Liffey.

[On the 2nd of November the following informations were made before the Lord Chancellor and Sir Gerard Lowther, Knight, Chief Justice of the Common Pleas:- ‘Charles Kinselogh of Dublin sayth, that about six o’clock on Saturday morning he heard a knocking at his door, and when opened, there came in a servant of the Lord Maguire’s, who asked for good ale, and as he had none, sent examinant’s boy for some, when the boy returned, he told examinant that ten thousand Scots were drawing near the town.’ Whereupon the servant said, ‘That the gates were shut, and he could not come to my Lord his horses.’ Then this examinant asked, ‘If the Lord Maguire was up?’ and was told he was, that he the servant had left him at his lodgings at Nevill’s house in Castle Street, about to rise. Having called at his Lordship’s, and not finding him within, he traced him to one Kearnan, a tailor’s, in Cook Street, who worked for him, and found his Lordship lying on a bed in a cock-loft, with an old *caddowe *wrapped about him. His Lordship told examinant that his life, and goods, and all he had, were in examinant’s hands, and desired him, if possible, to remove him secretly out of that house. They then planned a disguise, and his Lordship desired examinant to walk abroad and hear what news there was, so he left and locked the door.

While he had been away, John Woodlock, one of the sheriffs of Dublin city, with some others, were on the search for Lord Maguire, and having traced him also to the tailor’s in Cook Street, found a number of swords, petronols, pistols, and skeins, which the tailor declared he knew nothing of, or how they came into his house. These being shown to the Lords Justices and Council of Ireland, they commanded a close search, and his Lordship was found where Kinselogh had left him, in the, cock-loft with a cloak wrapped round him. This nobleman with several other influential Irishmen, including Roger O’More, Sir James Dillon, MacMahon, Plunkett, Hugh Byrne, and Philip Brady, devoted Royalists, finding the measures which Charles the First intended for the redress of Irish grievances thwarted by the Lords Justices, resolved to seize them and the Castle of Dublin. For this purpose two hundred men were to hold themselves in readiness within the walls of Dublin on an appointed day, and a general revolt was to take place throughout the provinces. A spy, as usual, was among the conspirators, the project was disclosed to the Lords Justices, and Lord Maguire and MacMahon were arrested.]

In the reign of King James I. the Dean’s house of Christ Church was devoted to the use of the Judges for holding the Courts of Law. They were held, previously, in the Castle of Dublin, but this being found inconvenient, the precinct or close of Christ Church was selected as more central, being situate in the heart of the city. The Dean’s house was let to the Irish Government by the Dean and Chapter on moderate terms - ten pounds a year.

The Court of Chancery was occasionally used for trying other than Equity suits. In a.d. 1652, Sir Phelim O’Neill was tried in the Chancery Court, where the Judges sat, and were directed what questions they should allow by a Committee, who placed themselves in an adjoining room, called the Chancery Chamber. A communication was kept up between this Committee and the Judges by means of a messenger, who went constantly between them, relating to the Committee all proceedings that passed in the Court, and bringing their instructions to the Judges on every occasion, speaking to them through a square hole in the wall.

There is a good deal of uncertainty as to the later days of the Ex-Chancellor Bolton. He probably returned to his native country, for Ireland under the sway of Cromwell could have no charm for him. His death is alleged to have taken place about the year 1650. [2 Ware, p. 53.]

During the reign of Charles I. the Court of Chancery in Ireland was in full work. I find the number of decrees enrolled is seven hundred and twenty-six, and as there were several appeals from the decisions of Lord Loftus, the duties of Judge and counsel must have been pretty severe.

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