Chronicle of the law officers of Ireland/Chief Barons of the Exchequer

by Constantine J. Smyth

COURT OF EXCHEQUER—CHIEF BARONS.

Hugh de Burgh,—patent, 1346.—B. T. 19, 20, 21 Edw. III. f. No. 44.

Robert de Holywode,—patent, 1374,—pleasure.—Rot. Cl. 48 Edw. III. d. R. 7.—In 1376, being styled late Chief Baron, by petition presented to the Chief Justice and others of the Privy Council assembled in Parliament at Dublin, on Thursday next after the feast of the Epiphany last past, he set forth that the King, by writ to him from England, commanded him to come before the King and Council of England, at a certain day therein prefixed, to inform the King of the state and government of Ireland, on which account he went to England to the King and Council, and stayed there during Trinity and Michaelmas terms last; and therefore prayed, that his fee might be paid to him as had been done on the like occasions of absence to others; which, by warrant, dated 3 February, was directed to be paid to such time as another had been appointed Chief Baron in his place.—51 Edw. III. f. R. 2.

Henry Mitchell,—Holywode dismissed,—patent, 23 Nov. 1376.

Stephen Bray,—Mitchell made Chief Justice of the Common Pleas,—patenat, April 1378.—Bot. Cl. 1 Ric II d. £. S, &c

Thomas Bathe,—patent, Trim, 6 March, 1981.—4 Ric. II 1^a pars R. 15.

Richard Bede,—patent, 1899.—B. T. 1 Hen. IV. 1^a pare d. No. 107.

Thomas Bathe, Archdeacon of Meath—patent, 14 Oct 1403.—B. T. 5 Hen. IV. 1^a pars f, No. 5.

William de Tynbrgh,—patent, 22 Match, 1414.—Behaviour—2 Hen. V. 1^a pars f. No. 15.

James Urikll,—patent, 8 Dec 1419,—Fee, 40 marks.—B. T. 7 Hen. V. f. No. 20,

James Cornwalshe,—patent, 24 April, 1420, (8 H. V.) and continued by Henry VI—patent, 22 Jan. 1423, (1 H. VI,)—26 marks usual fee.—R. Cl. d 19 Hen. VI f. E. 1.

Richard Sydegrove or Segrave,—patant, 12 August, 1423.—life.—B T. 3 Hen. VI 2^a pars f. No. 62.—Another patent to the same, Trim, 2 March 1425.—Pleasure.—B T. 3 Hen. VI. f. No. 12.

James Cornwalshe or Cornewallkys.—3 June, 1426, he had a grant of £10 in recompense of the great labours and expenses he had sustained in company of the Lord Justice Ormond, transacting divers affairs in Mimster and Leinster, and 14 July 1427, he had a warrant for the payment thereof—Rot. Cl. 5 Hen. VI. f. R. 9.—And being obliged to attend at his own expense upon all parliaments and councils wheresoever held, he had an additional fee of £10 a year by concordatum, made at Trim, 9 Feb. 1440.—R. Cl. 19 Hen. VI. f. R. 1.

Michael Griffin,—patent, 1446.—39 Eliz. 1^a pars d. R. 23.

John Topcliffe, was Chief Baron in 1496.—11 Hen. VII. f. R. 3.

Sir Bartholomew Dillon of Riyerston,—patent, 1 Feb. 1513.—4 Hen. VIII.

Patrick Finglas,—patent, no date on the Roll, (Sept. 10, 1525, fiant, 17.)—Life.—Fee, £40 argenti.—17 Hen. VIII. fac. Roll 6.

Gerald Aylmer,—Fynglas surrendered, 3 June, 1534, being made Chief Justice of the King's Bench,—patent, 25 June 1534, (26.)—Life.—In consideration that the said Gerald Aylmer is at present in our service in England, by our commandment, and for that it is uncertain whether these our Letters Patent will be made out and pass the Great Seal before the feast of Easter, 1535, and for divers other causes and considerations us hereunto moving, we do give and grant to him £20 Irish, as our gift and reward to him, to be received out of our Treasury without accompt to be rendered for the same. Dated 25 June, 1534.—26 f.

James Bathe, of Drumconragh,—Aylmer made Chief Justice of the King's Bench,—patent, August 1535.—Pleasure.—27 Hen. VIII.—Continued,—Privy Seal, Westminster, 24 March, 1547.—Pleasure.—Fee, £45 English.—1 Edw. VI. 1^a pars d. R. 11.— Continued,—patent, 16 Nov. 1553.—Behaviour.—By oommission, dated at Westminster, 3 Oct 1553, the Lord Chancellor Cusake was authorized and commanded to take the Chief Baron Bathe's surrender of his patent, and to make out a new patent to him during behaviour, with an increase of his fee of £45 English.—1 Mary, 1^a pars f. R. 6, 7.—Same continued,—patent, 3 Sept. 1559.—Pleasure.—Pee £45 Irish.—1 Eliz. fac. R. 15.

James Bathe,—a new appointment,—Privy Seal, Hampton Court, 5 Oct.—patent, Dublin, 18 Nov. 1562.—Pleasure.—Fee, £67 10s. Irish.— 5 Eliz. fee. R. 1.

Lucas Dillon, of Newton,—Bathe deceased,—Privy Seal, Hampton Court, 17 May,—patent, 4 June, 1570.—Pleasure.—Fiant, 12 Eliz.

Sir Robert Napper, of the Middle Temple, Knt,—Dillon deceased,—Privy Seal, St. James's, 10 April,—patent, 29 June, 1593.—Pleasure.—With 100 marks for ten years, part of the fine to be paid by the Bishop of Leighlin, as Dean of St. Patrick's,' Port-corn, Rent-beeves, and as Sir James Bathe or Sir L. Dillon held it.—35 Eliz. 2^a pars f. R. 14. Sir Edmund Pelham, Knt.,—Napper discharged,—Privy Seal, Greenwich, 6 July,—patent, 20 Sept. 1602.—Pleasure.—In this Privy Seal the Queen writes thus: For that we understand by reason of the long absence of Robert Napper, Knt, late Chief Baron of our Exchequer there, from his charge, our revenues are not so well preserved, nor the course of justice in our said Court of Exchequer so well observed as it ought to be; and finding the said Napper willing to make longer abode here in this our realm, we have thought it necessary to supply that place with a person of such learning in our laws and other good parts as the weight thereof requireth, and therefore have made choice of our trusty and well-beloved Edmund Pelham, Knt., Sergeant at Law, to be our Chief Baron there, whom we require you, upon his landing there, and exhibiting these our letters to you, to admit into that place or office of Chief Baron of our Exchequer, &c. His fee to commence from 20 April, 1601, to be sworn of the Privy Council, and to be made a Commissioner for gaol deliveries, assizes, and other services of like nature, and be by you assisted and countenanced in any thing wherein he shall have cause to invoke your help for the reformation and amendment of any disorders crept into our said Court of Exchequer; and moreover, our will and pleasure is, that you pay and allow unto the said Edward Pelham, as well for the transportation of himself, his servants, horses and utensils, as for post horses, diet, and other charges to the sea side, such reasonable sums of money as shall appear unto you to have been paid and allowed to other our Chief Barons in former times in such like cases. He produced these letters 12 Sept. 1602, and required the same to be enrolled.—44 Eliz. d. R. 12. and Fiant, 44. Sir Edmund Pelham,—continued,—Privy Seal, Holyrood House, 28 March,—patent, 20 April, 1603.—Pleasure.—1 James I. 1^a pars d. R. 33.

Sir Humphrey Winche, Knt.—Pelham deceased,—Privy Seal, Westminster, 8 Nov. 1606,—patent, 3 Jan. 1607.—Pleasure.—"We have heretofore signified to you, that we have made choice of a meet person to supply the room of our Chief Baron of our Court of Exchequer there, void by the death of Sir Edmund Pelham, who is this bearer, Sir Humphrey Winche, Knt., Sergeant at Law; and now as soon as the settling of his estate here would give him leave, we have sent him thither to attend his charge, and our pleasure is, for his better encouragement, that he shall have all the entertainments which the said Pelham had of fees, diets, or other allowances whatsoever, in as ample a manner as the said Pelham, or any other Chief Baron have had the same, from the day of the death of the said Pelham, to be paid unto him in such manner as Pelham did use to receive the same. And further we are pleased, that he shall have towards the charge of his robes and expenses, and travel thither, the sum of £100 current money of England, to be paid him in money of that country rateably by way of concordatum out of such our treasure as shall grow either of our revenues there, or of monies sent from hence, &c. And further our pleasure is, that the said Humphrey Winche shall be of our Privy Council there, and so we require you to give him the oath accustomed. and admit him as one of them."—4 James I. 1^a pars d. R. 31.

Sir John Denham, Knt., Sergeant at Law,—Winchemade Chief Justice of the King's Bench,—Privy Seal,Westminster, 5 June,—patent, 4 July, 1609.—Pleasure.—7 James I. 1^a pars f. R. 35.

Sir William Methwold, Bart., Sergeant at Law,—Denham made Chief Justice of the King's Bench,—Privy Seal, 28 Feb.—patent, 28 April, 1611.—Usual fees from 9 Nov. last.—Pleasure.—9 James I. 2^a pars t. R. 46.

Sir John Blennerhasset, Knt.,—Methwold deceased, 1 March, 1620, and buried in Christ Church,—Privy Seal, 12 March,—patent, 27 April, 1620.—Pleasure. The King having received good testimony of his learning in the laws and judgment in the affairs of Ireland, constituted him Chief Baron. In his patent a proviso was inserted, that a pension of £250 sterling per annum, which he then held, should immediately upon his entering into this office cease and determine.—18 James I. 1^a pars d. R. 17.

Sir Richard Bolton, Knt., Attorney-General of the Court of Wards, and to hold both offices,—Blennerhasset deceased, —Privy Seal, Westminster, 13 April,—patent, 29 June, 1625.—Pleasure.—1 Charles I 1^a pars f. R. 38.

Sir Edward Bolton, Knt., Solicitor-General,—his father made Lord Chancellor,—Privy Seal, 7 Oct. 1639,—patent, 5 May, 1640.—Pleasure.—16 Charles I. 1^a pars d. R. 10.

Miles Cobbet,—under the usurpation,—patent, 1655.—Continued by Richard Cromwell,—patent, Westminster, 7 Oct. 1658.—Behaviour.—Interregnum, 8^a pars f. R. 37.

John Btsse,—Bolton deceased,—patent, Westminster, 9 July, 1666.—Pleasure.—18 Charles II. 1^a pars d. R. 20.

Henry Hene, one of the Barons,—Bysse deceased,—Privy Seal, Whitehall, 20 Feb.—patent, 10 March, 1679.—31 Charles II. 1^a pars f. R. 27—Continued by James II.—Privy Seal, 19 Peb.—patent, 4 March, 1685.—Pleasure.—1 James II. 3^a pars f. R. 2.

Sir Stephen Rice, Knt., one of the Barons,—Hene removed,—Privy Seal, 9 March,—patent, 11 April, 1687.—Pleasure.—3 James II. 2^a pars f. R. 18.

John Hely,—Rice removed, — Privy Seal, Kensington, 3 Nov. — patent, 5 Dec. 1690. — Pleasure. — 9 William and Mary, 1^a pars f. R. 14.

Robert Doyne,—Holy made Chief Justice of the Common Pleas,—Privy Seal, Kensington, 10 May,—patent, 7 June, 1695.—Pleasure.—7 William III. 2^a pars f. R. 1.—Continued by Queen Anne,—Privy Seal, Windsor, 21 May,—patent, 25 June, 1702.—Pleasure.—1 Anne, 2^a pars d. R. 12.

Nehemiah Donnellan, one of the Barons,—Doyne made Chief Justice of the Common Pleas,—Privy Seal, 27 Dec. 1703,—patent, 1 Feb. 1704.—Pleasure.—2 Anne, 3^a pars f. R. 30.

Richard Freeman,—Donnellan deceased,—Privy Seal, Kensington, 25 June,—patent, 3 August, 1706.—Pleasure.—5 Anne, 1^a pars d. R. 60.

Robert Rochfort, Attorney-General,—Freeman made Lord Chancellor,—Privy Seal, 12 June,—patent, 30 June, 1707—Pleasure.—6 Anne, 1^a pars d. R; 45.

Joseph Deane,—Rochfort removed,—Privy Seal, 30 Sept.—patent, 14 Oct. 1714.—Pleasure.—1 Geo. I. 1^a pars f. R. 14.

Geffrey Gilbert, Justice of the King's Bench,—Deane deceased,—Privy Seal, 16 June,—patent, 5 July, 1715.—Pleasure. — 1 George 1. 2^a pars d. R. 25.

Bernard Hale,—Gilhert made a Baron of the Exchequer in England, 9 June,—Privy Seal, 25 May,—patent, 28 June, 1722.—Pleasure.—8 George I. 2^a pars d. R. 27.

Thomas Dalton,—vice Hale,—Privy Seal, 2 Sept.—patent, 17 Sept. 1725.—Pleasure.—12 George 1. 1^a pars f. R. 8.—Continued hy George II.—Privy Seal, Kensington, 31 July,—patent, 17 August, 1727.—Pleasure.—1 George II. 1^a pars R. 25.

Thomas Marlay, Attorney-General,—Dalton deceased, 25 June, 1730,—Privy Seal, Windsor, 29 Sept.—patent, 21 Oct. 1730.—Pleasure.—4 George II. 3^a pars d. R. 31.

John Bowes, Attorney-General,—Marlay made Chief Justice of the King's Bench,—Privy Seal, 21 Dec. 1741,—patent, 15 Jan. 1742.—Pleasure.—15 George II. 2^a pars f. R. 3.

Edward Willes, Sergeant at Law in England,—Bowes made Lord Chancellor,—Privy Seal, 11 March,—patent, 29 March, 1757.—Pleasure.—30 George II. 4^a pars f. R. 9.

1761. Edward Willes,—continued,—Privy Seal, 19 Jan.—patent, 19 Feb.—Pleasure.—Inr. 24 Feb.—1 George III. 1^a p. m. 7. d. R. 1.—Pension of £1000 per annum for life to him and his assigns, granted in 1766.

1766. Anthony Foster,—Willes resigned^[1]—Privy Seal, 5 Sept.—patent, 19 Sept.—Pleasure.—Inr. 20 Sept.—6 George III. 3^a p. m. 16. d. R.

1777. James Dennis, (afterwards created Baron Tracton,)—Poster resigned,—Privy Seal, 3 July,—patent, 23 July.—Pleasure.—Inr. 24 July.—17 Geo. III. 4^a p. m. 19, 20. d. R. 50.

1782. Walter Hussey Burgh,—James, Baron Tracton deceased,—Privy Seal, 2 July,—patent, 11 July.—Pleasure.—Inr. 11 July.—22 George III. 4^a p. m. 16. 18. f. R. 70.

1783. Barry Yelverton, (afterwards created Viscount Avonmore,)—Walter Hussey Burgh deceased,—Privy Seal, 29 Nov.—patent, 30 Dec. 1783.—Good behaviour.—Inr. 3 Jan. 1784.—24 George in. 1^a p. m. 26, 27. d. R. 77.

1805. Standish O'Grady, (afterwards created Viscount Guillamore,)—Viscount Avonmore deceased,—Privy Seal, 5 Oct.—patent, 14 Oct.—Good behaviour.—Inr. 15 Oct.—45 George III. 2^a p. 44. peg. R. 199.

1831. Right Hon. Henry Joy, Attorney-General,—Standish O'Grady resigned,—patent, 6 Jan.—1 William IV.

138. Right Hon. Stephen Woulpe, Attorney General,—Joy deceased,—patent, 20 July.—2 Victoria.

1. Appointed Solicitor General in England, and in 1768, a Justice K. B. in the room of Just. Hewitt made Chancellor of Ireland.