Life of Lord Chancellor Freeman

Chapter XXXIV.

Life of Lord Chancellor Freeman**.**

It is seldom, indeed, that the life of a mere lawyer who has never been much of a politician, whose years were passed in the practice of his profession, has much general interest. Unlike those who have won renown in science, literature, or art, who have distinguished themselves as statesmen, or as warriors, they pass the even tenor of their lives without achieving any lasting fame. The monotonous and almost mechanical routine of Court practice, occupying them during the sittings of the Courts, and all they can expect to win, is the constant repetition of their arguments in the Law or Equity Reports, and the fortunes they acquire by professional labours.

But it is not without value to know what manner of man an eminent lawyer, such as Richard Freeman was. There is something in the life of every one to instruct by example. We learn what to follow or avoid, what to imitate or to shun, and in proportion as he influenced others, is it important to us.

Richard Freeman was born about the year 1646, and received an excellent education. He was a devoted law-student, and took great pains in preparing himself for his legal career.

Having completed his legal studies, he was called to the Bar of the Middle Temple, and soon was known in Westminster Hall. The precise time of his beginning to practise I have not been able to ascertain, but his reports commence in Michaelmas Term 1670, and show a considerable familiarity with the practice of the Courts. It was not the habit of barristers at this date to confine themselves to the branches of Law and Equity which sprang up later. In the preface to the first edition of Freeman’s Reports, the editor remarks, ‘These cases in Law and Equity were collected by Richard Freeman, heretofore of the Middle Temple, Esq., during the course of his practice of those two laudable and praiseworthy branches of the profession in Westminster Hail. That his merit, industry and genius were great, singular and conspicuous, will not, nay, cannot be denied, especially when it shall be known that his eminent qualities and rare talents introduced him to the friendship and esteem of that truly noble, virtuous, and learned lawyer, statesman, and Privy Councillor the late John Lord Somers, who, in the year 1706, had so high an opinion and just judgment of Mr. Freeman’s integrity and abilities as to recommend him to the important office of Lord Chancellor of Ireland, then vacant, at which post he was deservedly placed by his sovereign.’ [Vide Freeman’s Reports, Preface to first edition.]

The writer of these laudatory remarks is not correct in point of date. The office vacant on the Irish Judicial Bench in 1706, was not that of Lord Chancellor, but Chief Baron of the Exchequer, to which no doubt Mr. Freeman was appointed, mainly by the recommendation of Lord Somers. That great judge was well aware of the industry and legal knowledge of the learned reporter, whose published notes have been often favourably mentioned from the Bench. [The Solicitor-General Mitford, afterwards Lord Redesdale, and Lord Chancellor of Ireland, remarked that Mr. Freeman’s notes, though of not much reputation, were better than they are supposed to be, that the character they had arose from their being stolen by a servant, and published without the privity of the family. The Lord Chancellor, Lord Loughborough, said, ‘They were generally very good,’ and Lord Mansfield also mentioned them favourably. 3 Vesey, Jun. p. 580. Vide also Rex *v. * Gange, Cowper’s Rep. p. 15.] On the death of Chief Baron Donnellan in 1706, Richard Freeman was appointed in his place Chief Baron of the Exchequer in Ireland. [Patent dated August 3., 1706, 6 Anne Ia, pars d, R. 60.]

Duhigg, in his History of the King’s Inns, makes sad complaint of the way that Institution was then managed, which he attributes to the maladministration of the Chancellor Sir Richard Cox. The Steward was displaced, and a minion of the Chancellor’s fixed in his room. There were arrears enforced to make funds. *Cost Commons *traces back as far as 1690. Duhigg writes in very unmeasured language: ‘What prudent man would not prefer the payment of ten or twelve pounds, rather than encounter the licensed slander of a protected defendant, or the relentless fury of a ruffian armed with ministerial power, and by no means scrupulous in the exercise of it?’ Chief Baron Freeman did not preside very long on the Exchequer Bench. The Ministry of Churchill, Godolphin, and Lord Somers caused changes in Ireland. The removal of Sir Richard Cox from the office of Chancellor having been decided on, Chief Baron Freeman was selected to supply his place, and the patent for his appointment bears date June 30, 1707. [6 Anne Ia, pars f, R. 24.]

A curious order was made in the Irish House of Lords, August 28, 1710. Ordered on motion ‘that for the future, in all cases of Appeal, neither the appellant or respondent do provide either meat or drink for the Lords.’

Among the laws which were enacted while Freeman was Chancellor were some affecting the trade and manufacture of Ireland. The linen trade was one of the staple manufactures of the country, and zealously guarded by Acts of Parliament. Appeals’ were allowed in case of murder, notwithstanding the Statute of 10th Henry VII. whereby murder was made high treason. [Lords’ Jour. Ir. vol ii. p. 360.]

Some personal indignity was offered to the Lord Chancellor while acting as Speaker of the House of Lords in Ireland, by a person named Luke Byrne, on August 21, 1710. The House resolved to take notice of it, and on the following day, Wednesday, it was ordered on motion that the Sergeant-at-Arms attending this House do forthwith take into his custody the body of Luke Byrne, for a contempt by him committed against this house in affronting the person of the Speaker of this House yesterday; and him, so taken, to bring to the Bar of this House. [Lords’ Jour. Ir. vol. ii. p. 353.]

Luke Byrne was accordingly taken into custody, and not wishing to appear in contempt, presented a petition to the Lords. The petition being read, the culprit was brought into, the House, and on his knees, reprimanded at the Bar. Thereon he was ordered to be discharged, first paying the fees due to the several officers attending the House,

While Freeman was Lord Chancellor, the state of the revenue of the King’s Inns was much more carefully looked after than it had been previously. A committee was appointed to take the steward’s accounts from his accession to the office, and to report to the society how they find the same at their meetings. This was in 1707. The next important reference we find in connection with the Lord Chancellor was a rule of the King’s Inns, dated June 15, 1710, ‘that every barrister, six-clerk, or attorney, admitted to practice, be obliged previously to give bonds in twenty pounds, with sufficient sureties to the treasurer for the time being, to perform and observe the rules, orders, and directions of the society.’

‘This,’ observes Duhigg, [History of the King’s Inns, p. 262.] ‘closed that, Lord Chancellor’s connexion with the King’s Inns Society and Irish Government.’ It is noticeable that in Queen Anne’s reign, for the first time, the word Bencher appears.

To the grief of his friends, and he had many, the vigorous intellect which had distinguished the Chancellor suddenly broke down, and one of the saddest afflictions that can befall suffering humanity, the loss of reason, overwhelmed him. He was obliged to give up that exertion which had been the delight of his life, and relieved the most abstruse legal problem from the appearance of a task - the practice of the law. The account of his illness soon spread, and Sir Richard Cox once more hoped to receive the Great Seal. The Lord Chancellor did not long outlive his reason. He died on November 20, 1710. [Ware’s Irish Writers by Harris, p. 226.]

Of course the Great Seal was at once put in Commission, and the Archbishop of Dublin, Robert Earl of Kildare, and Thomas Keightly were appointed Commissioners. Their patent was dated November 28, 1710, and signed by the Privy Council, and in a short time the Great Seal of Ireland was intrusted to Lord Chancellor Phipps. I regret not being able to present a fuller memoir of Lord Chancellor Freeman; a Chancellor whose early labours have been so beneficial to the profession in preserving the judicial determinations of causes heard before such shining lights as Vaughan, Sir Matthew Hale, Holt, and North. Lord Redesdal, subsequently Lord Chancellor of Ireland, further perpetuated his name and fame by assuming in 1809 the surname and arms of Freeman.

Home.