Chancellors during Edward II's reign.

CHAPTER III.

Of The Chancellors From The Reign Of Edward II. To The Death Of Chancellor De Wickford.

Several names appear in the list of Chancellors during the reigns of the Edwards II. and III., but few have left. more than their names. We find John L’Archers, [Prior of St. John of Jerusalem. Patent in 1343.] John Morice, [Patent West. 14.] John Frowyk, [Prior of St. John. Patent 1357.] John de Bothby, [Pat. 1371.] William Tany, [Prior of St. John of Jerusalem. Patent 1374]. John Kippoch, [Justice of the Common Pleas. He was appointed Lord Keeper during the absence of William Tany, Chancellor, in England. Patent 175.] who held the Seal, but few materials for a memoir of any until we come to a very wise and learned Judge, a Chancellor who presided in his Court with great ability, and afforded an excellent example to the judicial functionaries of his time. This was Robert de Wickford, Archbishop of Dublin, to whom the Great Seal was intrusted in 1377. This distinguished Prelate was descended from the ancient family of De Wickfords, of Wickford Hall, in Essex. He was born about the year 1330, and displayed much ability during his student days. He graduated in the University of Oxford, and became one of the Fellows of Merton College. Having obtained the degree of Doctor of Civil and Canon Laws, he devoted himself to the Church, and was advanced to the dignity of Archdeacon of Winchester. His learning and varied accomplishments recommended him to the notice of King Edward III., who required a skilful and trustworthy ambassador to send abroad, and selected the Archdeacon de Wickford to carry out his views with reference to Continental States. In 170, he was commissioned by the King to treat with Wenceslaus, Duke of Brabant, respecting the pay and allowances to be granted to that prince and his army during the wars in which he served the King. In the following year De Wickford received a commission as ambassador with others to the Earl of Flanders. [Rymer’s Foedera.] Edward III. was ever ready to avail himself of the abilities of his talented subjects, and about this period was engaged in building Windsor Castle, the design having been furnished by a Chancellor of England, the famous William of Wickham.

De Wickford’s rank in the Church and his character for abstruse learning were not deemed inconsistent with military duty, for we find him, in 1373, Constable of the Castle of Bourdeaux, and treating with Peter, King of Arragon, for a league, offensive and defensive. In the month of April of that year De Wickford was joined in commission with Thomas Felton, Seneschal of Aquitaine, to take possession of that principality on behalf of the King’s eldest son, Prince Edward, to whom it had been granted for life. De Wickford was also empowered to hear appeals in the Courts of that province, but he was not allowed to discharge his judicial office for any length of time, as the King had other employment for him.

It is not a little singular that in a suit against himself, in which Ivo Beauston was prosecutor, concerning a right to a prisoner, heard before Sir Guy de Bryan and Edmund Mortimer, Earl of March, the King’s Judges in Aquitaine, he was treated with little consideration, if not injustice. Without citation, or other legal process necessary for the proper conviction of an offender, especially one absent on the King’s business, and the Appellate Judge, he was adjudged guilty, ordered to pay and render 7,625 francs, 200 marks of silver, two good coursers, and one hackney. It is possible the Judges had some antipathy to the learned Canonist, and revenged themselves thus by summarily disposing of the case, but they did not long enjoy their triumph. De Wickford appealed to the King and Council in England, and Edward III. at once directed a mandatory writ at the prayer of the appellant, whom he honours with the title of his ‘beloved ‘Clerk,’ bearing date June 2, 1375, commanding Thomas Felton, Seneschal of Aquitaine, William de Elmham, Seneschal of Gascony, and Richard Rotour, Constable of Bourdeaux, to supersede the said judgment, and citing Ivo Beauston to appear before the King and Council at Westminster, the day after the Purification following, then to abide such decree as the King and Council should make in the premises. I could not find if the case proceeded further.

Thomas Minot, Archbishop of Dublin, died in London in the year 1375, whereon the Prior and Convent of the Holy Trinity of Dublin, and the Dean and Chapter of St. Patrick’s Cathedral of that city, applied to the King for his Royal license to enable them to choose a Bishop in place of the deceased Prelate. This was speedily granted, when, probably assisted by an intimation from the Throne, their choice fell upon the King’s ‘beloved Clerk,’ which was ratified by a provision from his Holiness Pope Gregory IX., dated Avignon, October 12, 1375.

Before the close of this year the new Archbishop of Dublin was consecrated, and immediately summoned to take part in a Parliament assembled at Dublin. His heart must have been heavy with the woes of his patron, King Edward III., then watching by the deathbed of his son, the Prince of Wales, illustrious for every virtue, and from his earliest youth, till ,the hour he expired, unstained by any blemish. [Home’s History of England, vol. iii. p. 100.] There are but scanty records of these early Parliaments, yet that such were held appears from many works, to which I refer the reader desirous to investigate this subject. [2 Rich. III. c. 8. Essay on Parliaments in Ireland, by Mason, p. 3. Whiteside’s Irish Parliaments, Part I. p. 17.]

During the reign of Edward III the power of the English in Ireland was in perpetual danger. In proof of this I may quote a mandate addressed, in 1355, by the King to Maurice Fitz Thomas, fourth Earl of Kildare, one of the noblemen most respected in the country, complaining of that nobleman not more effectually repressing incursions on the marches or boundary dividing the English territory from that held by the native Irish. The King wrote thus reprovingly:- ‘Although you know of these invasions, destructions, or dangers, and have been often urged by us to defend these marches jointly with others, you have neither sped thither, nor sent that force of men which you were most strongly bound to have done for the honour of an Earl, and for the safety of these lordships, castles, lands, and tenements which, given and granted to your grandfather by our grandfather, have thus descended to you. Since you neither endeavour to prevent the perils, ruin, and destruction threatening these parts, in consequence of your neglect, nor attend to the orders of ourselves, or our Council, we shall no longer be trifled with; and now ordain that you, in your proper person, with five other mounted men-at-arms, twelve mounted hobilers, forty archers, and other foot-soldiers in good array, shall be at Rathmore, on Monday next, after the Octave of the Holy Trinity, or on the Tuesday following, at the farthest, to maintain a guard there, at your own costs, for the defence of your lands and of those parts. Therefore, on your allegiance, and on pain of forfeiting both your body and all your lands, held from us in the County of Kildare, we command you to perform and continue in this service, with our other subjects, against the enemies as occasion may require; otherwise the confiscation shall be enforced against you.’

Considerable difficulty was encountered by the Anglo-Normans planted in distant parts of the country, in making their way to Dublin to attend Parliament, or for business or pleasure, partly arising from having to traverse districts occupied by the hostile Irish, and partly from advantage being taken of their absence, by the old proprietors, to regain the possessions of which they were deprived. The high legal officials were usually English Ecclesiastics.

The Chancellor was allowed as guard for his personal safety, and for that of the Great Seal, which he held in custody, six men-at-arms, and twelve mounted archers. The King’s Treasurer had a like number, and they usually formed the retinue when they rode beyond the suburbs of towns, or escorted the Viceroy from place to place.

Among the incidents of this reign, I may mention a pilgrimage, performed by Maletesto Ungaro, Lord of Rimini and other territories, renowned for his intrepidity, learning, and piety, to the Purgatory of St. Patrick’s in Lough Derg.

[This is certified by King Edward III., as follows: ‘Whereas Maletesto Ungaro of Rimini, a nobleman and knight, hath presented himself before us, and declared that, travelling from his own country, he had, with many bodily toils, visited the Purgatory of St. Patrick, in our land of Ireland, and for the space of a day and a night, as is the custom, remained therein enclosed, and now earnestly beseeches us that for the confirmation of the truth thereof we should grant him our royal letters: We, therefore, considering the dangers and perils of his pilgrimage, and although the assertion of such a noble might on this suffice, yet we are further certified thereof by letters from our trusty and beloved Almaric de St. Amand, knight, Justiciary of Ireland, and from the Prior and Convent of the said Purgatory, and others of great credit, as also by clear evidence, that the said nobleman hath duly and courageously performed his pilgrimage: We have, consequently, thought worthy to give favourably unto him our royal authority concerning the salve, to the end there may be no doubt made of the premised, we have granted unto him these our letters under our royal seal.’]

The temporalities of the Archdiocese of Dublin had been committed, on the death of Archbishop Minot to Stephen, Bishop of Meath, and it was some months before the new prelate obtained the writ of restitution. Having got into possession, Easter 1376, his grace was unpleasantly reminded that he was possessed of attachable property in Ireland. A clerk in England named Thomas, who had obtained a judgment against him for 10l. previous to his elevation to the Archbishopric, made affidavit that the defendant lived in Ireland and had goods and lands there, and that the sheriff made return to a former writ, that he had neither lands or goods in England, whereupon he was ordered a writ of fieri facias empowering the sheriff of Dublin to levy the amount of said judgment off the lands and chattels of the Archbishop within his bailwick. [D’Alton’s Archbishops of Dublin, p. 141.]

Toward the close of 1376, [2 Rot. Cl., 1 Ric. II. f. R. 2.] the Archbishop was appointed Chancellor of Ireland, and, in the ensuing year, 1377, received a mandatory writ to alter the Great Seal, the ill-fated King Richard II., then only eleven years of age, having succeeded the chivalrous and strong-minded Edward III. The King’s guardians sent Sir Nicholas Dagworth to scrutinise the conduct of the officials in Ireland, and with a view to economy, issued an order to the Chancellor, to change the circumscription on both sides of the Great Seal in his custody, by having the name of Edward removed, and that of Richard substituted for it. [Gilbert’s Viceroy’s, p. 243.]

The Archbishop was awarded, at this time, a liberate of 20l. from the treasury, for his expenses attending a Great Council at Tristedermot, also the Parliament held there, which continued for four weeks.

Absentees summoned to Parliament were fined, On the Memoranda Roll, 9° Edward III., the Bishop of Emly not having attended pursuant to his summons, was fined. He petitioned, praying to be excused, and by inquisition it was proved, ‘that, on the vigil of the Nativity, as the Bishop was riding towards the church, his palfrey stumbled and threw him to the earth, whereby he was grievously wounded, and had three of his ribs broken; in consequence, during the whole’ session, he lay so sick that his life was despaired of, and without peril of his body he could not approach the Parliament.’ Whereupon the King, in consideration of the Bishop’s misfortune, and wishing to show him special grace, ordered him to be exonerated and discharged from the fine. [Morrin’s Calendar Pat. and Close Rolls, Chan. Ir. vol. ii, p. xlvi,]

The Archbishop was summoned to attend a Parliament at Castledermot, in the County Kildare, where now humble cabins and mean dwellings contrast painfully with ruins of stately castles and magnificent ecclesiastical remains. It was, anciently, a place of great importance, and largely endowed by the powerful Geraldines of Kildare. A Franciscan Monastery was erected here in 1302 by Thomas Lord Offaly, and the town was enlivened by the holding of several Parliaments. The hospitality of the Monks, and other Clergy, must have been pretty well tested during the sessions, for hotel accommodation had not then extensively prevailed, and the members sought the shelter of the religious houses of the town.

Dc Wickford, in 1378, had an amplification and confirmation of the Manor of Swords to him and his successors, and, in 1380, all its possessions were conveyed, as D’Alton remarks, [Archbishop of Dublin, p. 145.] ‘by one of these little slips of parchment which formerly conveyed whole baronies, while the smallest estates of modern times require a pile of skins for their transmission.’

The Chancellor, in these primitive days, had very extensive jurisdiction, and a proportionate sphere of duty. Beside presiding in the Court of Chancery, attending Parliament, and assisting the Lord Deputy with his advice; ministering to the wants of his diocese, and the important functions of an Archbishop or Bishop, he presided as Judge of Assize, and disposed of the business civil and criminal. The absence of the Chancellor in England, in 1380, caused the assizes which were to be holden before him to lapse. On his return his services were put in requisition to raise money. He was directed, by royal letter, to appoint collectors of a clerical subsidy for the service of the State. He was also summoned to attend a Parliament at Dublin, with proxies for his Dean and Chapter.

The absence of legal records at this time prevents me from giving any detailed account of the state of legal procedure which was in use at this period. In England the practice, which was afterwards constantly used in Ireland, of impeaching Lord Chancellors commenced, [Lord Campbell’s Lives of the Lord Chancellors of England, vol. i. p. 239.] and the troubles of the unfortunate King Richard II. occupied a large share of attention.

In 1387, De Wickford obtained a confirmation of the right of holding a fair at Swords to the See of Dublin, and also a grant of half a cantred of the Abbey of Glendalough lying next the Castle of Ballymnore, and, in 1389, he was one of the Commissioners named to assess the Clergy and Commons of the County of Dublin for the subsidy they had granted. His health became much impaired as he grew old, and trusting his native air and the society of friends in his beloved England would tend to restore him, the Chancellor Archbishop obtained a year’s leave of absence early in 190, and put the Great Seal in Commission. He lingered over the summer, but there was no amendment in his health, and his death took place in England on August 29, 1390.

Among the useful acts he performed, one was suppressing street begging, of which an ancient Registry of St. Patrick’s Cathedral has the following record:- ‘After the burning of St. Patrick’s Church, sixty straggling and idle fellows were taken up and obliged to assist in repairing time church and rebuilding the steeple, who, when the work was over, returned to their old trade of begging, but were banished out of the diocese in 1376 by Archbishop de Wickford. [D’Alton’s Archbishops of Dublin, p. 141.]

In the book of Obits of Christ Church, it is recorded that this Archbishop released to that cathedral an annual payment of five marks, which his predecessors had received for proxies, and, in return, a yearly commemoration was appointed for him there, with an office of nine lessons. [Id. P. 146.] In the time of King Edward III. the Norman French began to be disused in the Courts of Law, and English to be substituted. The English language, also, was now used for the first time in Parliament. The viva voce discussions were in English, but the assent, or dissent of Bills, was then, and indeed, to some extent, still is, in the language of the Plantagenets.

During the latter part of the reign of King Edward III., the feuds of the English by descent, and English by birth, reached such a height, that the King ordered the Viceroy and Lord Chancellor to interfere, and prevent these dissensions weakening the English power in Ireland. He gave them authority to punish by fine and imprisonment for two years all English subjects, born in England or Ireland, who, within his Irish territories, should use contumelious language towards each other, or engage in quarrels or strife among themselves. [Gilbert’s Viceroy’s, p. 221.]

An incident occurred about this time which reminds us of what we read of in Indian warfare. It was related by Henry Crystèdc, a Norman protegé of the Earl of Ormond, to Sir John Froissart:- ‘I,’ said Crystède, ‘know the language of the Irish as well as I do French and English, for, from my youth, I was educated amongst them, and the Earl of Ormond kept me with him out of affection for my good horsemanship. It happened that this Earl was sent with three hundred lances and one thousand archers to make war on the frontier of the Irish; for the English had kept up a constant warfare against them in hopes of bringing them under their subjection. The Earl of Ormond, whose lands bordered on his opponents, had, that day, mounted me on one of his best and fleetest coursers, and I rode by his side. The Irish having formed an ambuscade to surprise the English, advanced from it, commencing to cast and throw their darts, but were so sharply attacked by the archers, whose arrows they could not withstand, for they were not armed against them,, that they soon retreated. The Earl pursued, and I, being well mounted, kept close by him. It chanced that in the pursuit my horse took fright, and ran away with me, in spite of all my efforts, into the midst of the enemy. My friends could never overtake me; and, in passing through the Irish, one of them, by a great feat of agility, leaped on the back of my horse, and held me tight with both his arms, but did me no harm with lance or knife. Turning my horse, he rode with me for more than two hours, till we reached a large bush in a very retired spot, where he found his companions, who had retreated thither from the English. He seemed much rejoiced to have made me his prisoner, and carried me to his house, which was strong, and in a town, surrounded by wooden palisades and still water: the name of this town was Herpelipin. The gentleman who had taken me was called Brin Costerec, a very handsome man. Brin kept me with him seven years, and gave me his daughter in marriage, by whom I have two girls.

‘I will now tell you how I obtained my liberty. It happened in the seventh year of my captivity that one of their kings, Art MacMurragh, King of Leinster, raised an army against Lionel, Duke of Clarence, son to King Edward of England, and both armies met near the city of Leinster. In the battle that followed many were slain and taken on both sides, but the English gaining the day, the Irish were forced to retreat, and the King of Leinster escaped. The father of my wife was made prisoner under the banner of the Duke of Clarence; and as Brin Costerec was mounted on my horse, which was remembered to have belonged to the Earl of Ormond, it was first known that I was alive, that he had honourably entertained me at his house in Herpelipin, and given me his daughter in marriage. The Duke of Clarence, Sir William de Windsor, and all of our party were well pleased to hear this news, and he was offered his liberty on condition that he gave me mine, and sent me to the English army with my wife and children; but when he found no other terms would be accepted he agreed to them, provided my eldest daughter remained with him. I returned to England with my wife and youngest daughter, and fixed my residence at Bristol. My two children are married; the one established in Ireland has three boys and two girls, and her sister four sons and two daughters. The Irish language is as familiar to me as English, for I have always spoken it with my wife, and introduce it among my children as much as I can.’ [Froissart’s Chronicle, Buchon, 1835.]

This romantic story is very interesting, and highly creditable to all concerned. It shows the kindly feelings of the Irish, the attachment between the captor and the captive. The natural desire of Brin Costeric not to lose all his family in retaining one of his grand-daughters displays these heart-yearning which denote the love of our kind.

The adoption by vast numbers of the English colonists of the Irish language, dress, and customs, caused a series of ordinances to be passed at a Parliament in Kilkenny under the residency of the Duke of Clarence, in the spring of 1367. It declares, ‘that many of the English of Ireland, discarding the English tongue, manners, style of riding, laws, and usages, lived and governed themselves according to the mode, fashion, and language of the Irish enemies; and also made divers marriages and alliances between themselves and the Irish enemies, whereby the said lands, and the liege people thereof, the English language, the allegiance due to their lord the King of England, and the English laws there, were put in subjection and decayed, and the Irish enemies exalted and raised up contrary to reason.’

This Statute of Kilkenny prohibited alliance by marriage, gossipred, fostering of children between English and Irish, under penalty of treason; also selling to the Irish horses, armour, or victuals, under a like penalty. All Englishmen or Irish living among them, were to use the English language, be called by English names, follow the English customs, and not ride otherwise than in saddles, according to the English manner. If ecclesiastics, dwelling amongst the English, did not use the English language, the profits of their benefices were to be seized by their superiors, but they had respite to learn the English language.

As may readily be supposed from this, the laws of England were little observed outside Dublin, and the statute provided that the English should not be governed, in the determination of these disputes, by Brehon law. A very stringent clause prohibited the natives from being admitted to the Ministry, that no Irishman should be admitted into any Cathedral, collegiate Church, or benefice, by promotion, collation, or presentation, and that religious houses should not receive Irishmen into their profession. The bards or minstrels, who were often welcome visitors to amuse the nobles and their retainers in days when the use of letters, reading and writing were accomplishments by no means general, when newspapers were unknown, when books existed only in manuscript, and were therefore scarce, were proscribed under severe penalties. The English should not admit, or make gifts, to Irish musicians, storytellers, or rimers, who might be spies or agents. Dwellers on the borders should have legal permission to hold parleys or make treaties with hostile Irish. English subjects should not make war upon each other, nor bring Irish to their aid for such purpose. The amusements most familiar with the Irish, and which they practise to this day, were hurling with a ball and staff curved at the end, called a hurley, and throwing the discus or quoit. These were prohibited. ‘The common people dwelling on the borders should not use the plays called hurlings and quoitings, which had caused evils and maims, but accustom themselves to draw bows, and cast lances, and other gentlemanlike sports, whereby the Irish enemies might be better checked.’

For defence, there should be appointed in every county four of the most substantial men as Wardens of the Peace, with power to assess the inhabitants for providing horse. men-at-arms, hobilers, and foot-soldiers, who were to be reviewed by them from month to month. That Constables of Castles, with the exception of the Constable of the King’s Chief Castle in Ireland at Dublin, should not take from any prisoner a fee of more than fivepence; and that they should not use cruelties for the purpose of extortion. Against violators of these and other enactments made regarding the internal government of the colony, very severe penalties, ranging from forfeiture of property, and imprisonment, to death, were decreed.

The office of Chancellor was not unattended with considerable personal risk in these wild days. Owing to attacks, the King’s officers petitioned for the removal of the Exchequer from the strong castle of Carlow, where it was exposed to danger, to Dublin.

To bring the mutinous De Birminghams to terms, a parley was arranged, which met in Kildare, at which the Chancellor, Thomas de Burel, Prior of the Hospitallers, John Fitz Richard, Sheriff of Meath, Sir Robert Tirell, Baron of Castleknock, took part. Good faith was broken by the De Birminghams, who captured the high contracting parties, holding all to ransom except the Chancellor, whom they refused to liberate upon any terms, holding him for the purpose of exchange for James de Birmingham, then heavily ironed as a traitor in Dublin Castle. As we have no record of any lengthened imprisonment of the Chancellor, we may presume these terms were agreed to.

Sir Robert Preston, who had been Chief Baron in the reign of Edward III., assigned his spacious mansion to his legal brethren. They called their inn ‘Preston’s Inn,’ as a compliment to the generous donor. Here the Judges and Barristers occupied chambers for many years, but I do not find any effort was made to establish a Law School, and Irish students were compelled to enter an English inn when they desired to adopt the law as their profession; but they had a right to practise, at their option, in either England or Ireland.

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