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

by Constantine J. Smyth

BARONS OF THE EXCHEQUER.

Hugh de Burgh, 3d Baron,—patent, 1335.—Pleasure.—9 Edward III. f. R. 5.

2d, John de Carleton,—patent, 1 Feb. 1336,(10.)—11 Edward III. 2^a pars f. R. 1.

Robert Poer, one of the Barons,—having by petition set forth that he had performed divers services by direction of the Lord Justice and Council, he had a liberate for 100s. in recompense thereof, dated at Trim, February, 1342.—16 and 17 Edward III. f. R. 1. Also, 8 May, 1344, he had a liberate of £15 12s. as well for his service to the late King, as to the present, for a long time, as well in his office of Baron of the Exchequer, as in going to several places in the county of Meath, to state the accompts of the green wax process (ad purificandum ibidem denarios viridaB cerse nostras).—Idem, R. 4. Nicholas de Synterby,—patent, 1343.—17 Edward III. f. R. 4. Thomas de Doughes,—patent, 1356.—B. T, 29, 30 Edward III. f. No. 47.

John Brettan, Chief Remembrancer,—patent, 2 Oct. 1369, (43.)—without any fee expressed in his patent, and having adjourned and continued the pleas depending in this Court, at great pains, in divers places, as far as the town of Cathirlagh, where the Exchequer was, as well in the time of war when other Barons dared not to go there, as in time of peace when they were otherwise employed in the King's servic ; and also, that in the office of Remembrancer having served for a long time at his own immense charge, (except his fee of 100s,) without any reward from the crown, in which service he sustained many losses and damages at the last burning of Cathirlagh, by the Irish of Leinster, having his house and dvers goods burned and spoiled, to his manifest impoverishment, he had a grant of 100s. in consideration thereof, dated at Naas, 24 and 26 Feb. 1376 (50.)—51 Edward III. f. R. 2. and B. T. No. 16.

2d, William de Karlell,—11 Feb. 1371, a writ was directed to him as Second Baron, the Remembrancer, Chamberlain, and clerk of the treasury, commanding them, the Exchequer having been shut, to appear personally in the Court at Dublin, together with the Rolls, counter Rolls, writs, acquittances, &c., relating to the accompts of the Exchequer, there to be finally examined and transmitted to the Exchequer in England.—45 Edward III. f. R. 1. And by petition to William de W3nide8ore, Governor and Custos of Ireland, and others of the Council, he shewed that he was appointed by patent to clear the green wax accompts within the counties of Waterford, Cork, Kilkenny, and Tipperary, and to take the election of the sheriffs of the crosses of Kilkenny, Tipperary, and Wexford, and the counties of Waterford and Cork, in the time of Robert de Asheton, late Lord Justice; that he took divers inquisitions for the King's benefit, amongst which it was found, that James Le Bottilier, Earl of Ormond, had received above £200 of the prize wines at Waterford, (with which he was charged of right to the King,) under colour of the King's letters; and that he had lost two horses worth 20 marks about the said affairs, and the arresting of a ship at Waterford for six weeks, and one horse worth £5, in going from Cathirlagh to Tristemagh, by the said Lord Justice's order, to take the oath of James de la Hyde, late Seneschal of the liberty of Meath, who on account of the wars in Meath could not come to Cathirlagh to take his oath, in which journey he spent two weeks; and that he also by the direction of the L. L. Wyndesore and Council, went towards the county of Wexford, to inquire about found treasure, at great pains and expense; for all which services he was rewarded with a grant of £20, dated 8 June, 1374.—Rot. Cl. 48 Edward III. f. R. 6.

Robert de Holywode,—patent, 1371.—45 Edward III. f. R. 1.

2d, John Pembroke,—having been appointed by patent to accompany Alexander, Bp. of Ossory, treasurer of Ireland, to levy the King's debts in the counties of Meath and Uriel, to extend all the lands and tenements in those counties, then in the crown, and to transact other affairs there for the King's benefit, in which service being employed from 9 Feb. to 24 March, viz. six weeks and a day, at his own expense, without any reward or wages from the King, he prayed to be allowed such wages as had been given to others on the like occasion, or some competent reward for his services, whereupon he had a grant of £4 in the name of a reward, dated at Cork, 6 June, 1377.—51 Edward III. f. R. 8.

2d, William Archbold,—patent, 1378.—2 Rich. II. f. R. 1.

Thomas Bath,—patent, 1380.—Rot. Cl. 4 Richard II. f. R. 7.

2d, Walter de Brugge,—patent. Trim, 8 March, 1381.—Pleasure.—4 Richard II. 1^a pars f. R. 15.

Thomas Taylor,—patent, 20 June, 1382. (5.)—No fee.—Idem, R. 17. Absque aliquo in hac parte percipiendo.—Idem.

2d, John Shrioggeley.

2d, John Brekdene,—Shriggeley revoked,—patent, Trim, 15 Jan. 1385.—Usual fee.—8 Richard II. f. R. 9. 16.

Hugh de Farryngton,—patent, l299.—B. T. 1 Henry IV. 1^a pars d. R. 107.

Richard Sydgreve,—patent, Trim, 12 Jan. 1401.—Behaviour.—2 Henry IV. f. R. 8.

Robert Burnell,—patent, 1402.—B. T. Rot G. 4 Henry IV. 2 pars f. No. 4.

John Gland, Chief Auditor of the Accompts of the Exchequer,—patent, 16 April, 1415.—Pleasure.—Fee, £20.—B. T. 3 Henry V. 1^a pars f. No. 44.

2d, John Wyche,—patent, 10 March, 1419.—Fee, 20 marks.—B. T. 6 and 7 Henry V. f. No. 16.—Which being valued at 20 marks a year, and he having nothing else in Ireland to subsist on, had an increase of £10 a year allowed him, 20 Nov. 1420. —Idem.

John Lydington, Clerk,—patent, 20 Oct. 1422, (1.)—2 Henry VI. f. R. 2.

Francis Toppesfeld,—patent, 6 August, 1425,(3.)—Behaviour.—Rot. Cl. 5 Henry VI. f. R. 10. and B. T. 3. f. No. 101. Sworn 14 August—Idem.

2d, Reginald Syntebby,—patent, 1426.—Rot. Cl. 5 Henry VI. f. R. 7.

Thomas Shobthalls.

Peter Clynton,—vice Shorthalls,—patent, 9 Feb. 1435, (13.)—Pleasure.—Sworn 13 Feb.—R. Cl. 20 Henry VI. f. R. 5.

William Sutton,—patent, 1461.—1 Edward IV. d R. 3.

2d, Patrick White, — Sutton deceased, 10 kal. Mar. 1529, (Book of Obits of Christ Church,)—patent, 1530.—Pleasure.—He was so appointed by Sir William Skeffington, Deputy to the King's son, Henry, Duke of Richmond and Somerset, to hold during their pleasure. Afterwards appointed by the King,—patent, 25 August, 1532.—Pleasure.—24 Henry VIII. f. Roll. 5.

Walter Hussey,—patent, 6 Oct. 1534.—Pleasure.—26 Henry VIII. f. R. 10.

2d, Walter Golding, of Pierceston Laundy,—White resigned,—patent, 27 March, 1535.—Pleasure.—Fee, 20 marks Irish.—26 Henry VIII. f. R. 13.

Patrick White, of Kilsaghlan,—as he had before held it,—patent, 10 Oct. 1535.—Pleasure.—27 Henry VIII. f. R. 25.

Sir Patrick White,—continued by the Lord Deputy,—patent, 27 Febr. 1547.—Pleasure.—1 Edward VI. 1^a pars f. R. 1.—Confirmed by the King,—Privy Seal, Westminster, 24 March, 1547.—Fee, £20 English.—Idem, d. R. 11.—Continued by Queen Mary,—patent, 20 Nov. 1553.—Pleasure.—1 Mary, 1^a pars f. R. 13.

Sir Patrick White,—continued,—patent, 18 Dec. 1558,—Pleasure.—No fee mentioned, and in consequence of this error a new patent was granted to him 10 Sept. 1559.—Fee, £20 English.—1 Elizabeth, fac. R. 15.

Robert Cusake, of Cushingeston, co. Meath,— White deceased,—patent, 14 Nov. 1561.—Pleasure.—Fee, £30 Irish.—Fiant, 3 Elizabeth.

2d, Henry Draycott, of Marinerton, co. Meath, patent, 23 Jan. 1562.—Pleasure.—Ancient fee.—4 Elizabeth, fac. R. 3.

Richard Edwarde,—Draycott resigned,—patent, 8 July, 1566.—Pleasure.—Fiant, 8 Elizabeth.

Henry Draycott,—vice Edwarde,—patent, 26 May, 1570.—Pleasure.—Fiant, 12 Elizabeth.

2d, Nicholas Nugent, Principal Solicitor,—Cusake deceased,—patent, 18 Oct. 1570.—Pleasure.—Fiant, 12 Elizabeth.

2d, John Durninoe,—Draycott deceased,—patent, 14 Oct. 1575.—Pleasure.—Fiant, 17 Elizabeth.

Roger Mainweringe,—vice Duminge, patent, 8 Febr. 1577.—Pleasure.—Fiant, 19 Elizabeth.

2d, Robert Dillon,—Nugent deceased,—patent, 17 April, 1578. He was appointed by the Lord Deputy Sidney, during his pleasure.—Fiant, 20 Eliz.

2d, Richard Segrave, of Kileglan, co. Meath,—Nugent deceased,—patent, 16 June, 1578.— Pleasure.—Fiant, 20 Eliz.

3d, Michael Cusake, of Rathalron, co. Meath,—vice Mainweringe,—patent, 9 March, 1580.—Pleasure.—Fiant, 22 Eliz.

3d, John Elliott,—Cusake deceased,—patent, 11 March, 1589.—Behaviour.—Fiant, 31 Eliz.

2d, Patrick Segrave,—Richard Segrave deceased, and buried at Kileglan, 8 Sept. 1598,— patent, 27 Oct. 1598.—Pleasure.—40 Eliz. fac R. 13.

2d, John Elliott,—continued,—patent, 30 April, 1603.—Pleasure.—1 James I. 1^a pars d. R. 34.

3d, Gerald Comerford, late 2d Justice of Mungter, and of counsel for that province and Connaught,—Segrave removed by the judgment of the Lord Deputy and Council in the Castle chamber, for divers causes,—patent, 1 July, 1603.—Pleasure.—1 James I. f. R. 35.

Thomas Cary, of Gray's Inn,—vice Comerford,—patent, 6 July, 1604.—Pleasure.—Fiant, 2 James I. 1^a pars f. *R. 3.

Robert Oglethorpe, of Gray's Inn,—Cary surrendered 23, by letter of Attorney to Oglethorpe, 2 May,—patent, 23 May, 1605.—Pleasure.—3 James I. 1^a pars f. R. 3.

John Blennerhasset,—Privy Seal, Hampton Court, 13 Oct.—patent, Dublin, 4 Nov. 1609.—"The King understanding that there did want assistance in the Court of Exchequer, in regard of the infirmity of some of the Barons, was pleased for the better expedition of his service in that court, and of justice to his subjects, to be at the charge of one Baron more till some place did fall, and made choice of John Blennerhasset, an ancient counsellor, and by the opinion of the Chancellor of England and some of the Judges thought meet for it, wherefore by the aforesaid Privy Seal, his Majesty directed, that on his coming over, he should he admitted as one of the Barons, and a patent pass to him with all such fees, entertainments, profits, and commodities, as any Baron of the Exchequer there had or ought to have, the same to continue until some place of a Baron now full should fall void, and then this extraordinary charge to cease, with an allowance of £100 English a year, over and above the usual fees, for his better enablement in the king's service; and that the Lord Deputy should allow unto him for his transportation, by way of concordatum, so much as he should in reason think fit."—7 James I. 2^a pars d. R. 2.

3d, Lancelot Lowtheb,—Elliott deceased, 11 Jan. 1617, æt. 69,—Privy Seal, Faulklande, 9 July,—patent, 3 Oct. 1617.—Pleasure.—15 James I. 3^a pars d. R. 12.—He was constituted upon the recommendation of Sir Francis Bacon, Knt., Lord Keeper of the Great Seal of England, as a man learned in the profession of the law, and otherwise worthy and well qualified to perform this employment; his fee to begin from Lady day last.

2d, Sir Laurence Parsons, Knt,—Oglethorpe surrendered, 17 May,—patent, 19 May, 1624.—Pleasure.—22 James I. 1^a pars f. R. 10.—Continued by Charles the First,—patent, 16 April, 1625.—Pleasure.—1 Charles I. f. R. 22.

3d, Lancelot Lowtheb,—continued,—patent, 16 April, 1625.—Pleasure.—1 Charles I. f. R. 21.

2d, Gerald Lowtheb,—Parsons deceased,— patent, 14 Sept 1628.—Pleasure.—4 Charles I. 2^a pars d. R. 46.

James Barry, Sergeant-at-Law,—Gerard Lowther made Chief Justice of the Common Pleas.—patent, 5 August, 1634.—Pleasure.—10 Charles I. 1^a pars d. R. 7.

2d, William Hilton,—Lancelot Lowther deceased, 10 Jan. 1637, and hurried 13, at Skryne, co. Meath,—patent, 30 Jan. 1637.—Pleasure.—Mr. Hilton was continued a Baron after he was appointed a Justice of the Common Pleas, and held both offices together by a clause in his patent of Justice.—12 Charles I. 6^a pars f. R. 2.

2d, John Santhy,—patent, 21 April, 1659.—Pleasure.—Interregnum, 8^a p. d. R. 36.

2d, Sir Rihard Kennedy, of Mount Kennedy, co. Wicklow, Bart.—"Pleasure.—12 Charles II. 1^a pars d. R. 36.—By letters from Whitehall, dated 3 Oct. 1662, the King writes: "We are informed, that in our Establishshment of the Civil List lately transmitted thither, the yearly entertainment of several of the puisne Judges of our Courts of Justice there, are raised to £300 per annum, and yet that the enter-tainment of Sir R. Kennedy,. Bart., Second Baron of our Court of Exchequer, is by the said establishment but £200 per annum; We therefore, taking the same into our royal consideration, and having received good testimony of the said Sir R. Kennedy's merits, and dutiful and loyal affection to us, and considering that his labour, care and pains are very great for the well ordering of our service in that Court, and the improvement of our revenues, certain and casual, whereof that court ought to have special care, and whose work it is to make particular inspection into the same, so that we may not be defrauded of our just rights, but our revenues by all just and honourable ways increased; and considering that it is for our honour and service, that those our servants may have competent means to support them, and to preserve their persons from contempt and disestimation in the opinion of the people; We have therefore resolved in our royal judgment, that the said Sir R. Kennedy's entertainment be raised to £300 per annum, to equal him with others of our puisne Judges there, and that he be duly paid the same from the time that the said establishment took beginning, and so for the future, as others are who are inserted on the establishment at £300 per annum."

3d, Thomas Dongan, late Justice of the King's Bench,—Hilton deceased, buried 19 August, 1651, at St. Werburgh's—Privy Seal, Whitehall, 29 Dec. 1660—patent, 19 Jan. 1661.—Pleasure.—12 Charles II. 2^a pars d. R. 2.

3d, John Povey,—Dongan deceased,—patent, 26 Oct 1663.—Pleasure.—15 Charles II. 18. d. R. 5.—By letters from Whitehall, dated 28 May, 1664, (16.) the King writes: "We are informed that in the Establishment of the Civil List formerly transmitted by us into Ireland, the yearly entertainment of several of the puisne Judges were raised to £300 per annum, and yet the entertainment of J. Povey, Esq., 3d Baron of the Exchequer, was by that establishment only £133 6s. 8d, per annum, so that although the ancient establishment, with a yearly fee paid by the sheriffs to the 3d Baron, did amount to so much as equalized the entertainment of the other puisne Judges, yet now the entertainment with that fee falls short above £80 of the entertainment of any of the other Judges, although the jurisdiction is the same, and pains greater than of those in any of the other courts. Wherefore, his Majesty considering that his attendance, care and pains were very great in that service, and in the dispatch of the business of that court, and for improving and bringing in of the revenue, and preserving our just rights, and considering that it is for our honour and service that those our servants may have allowances competent for their encouragement and support, and to preserve a respect to their persons in the opinion of the people, and of our service from the neglect of persons of learning and merit; We have therefore resolved in our princely judgment, that the said J. Povey's entertainment be raised unto £220 per annum, so that thereby and by the said annual fee paid by every of the Sheriffs, his income certain may become equal with the other puisne Judges. To be paid from Michaelmas last about which time he received his commission."

3d, Henry Hene, Sergeant-at-Law,—Povey made Chief Justice of the King's Bench,—patent, 14 April, 1673.—Pleasure.—25 Charles II. 1 pars f. R. 13.

3d, Sir Standish Habtstonoe, Bart.,—Hene made Chief Baron,—"Privy Seal, Whitehall, 21 Feb.—patent, Dublin, 10 March, 1679.—Pleasure.—31 Charles II. 1^a pars f. R. 28.

2d, William Worth, King's Counsel,—Kennedy surrendered,—patent, 15 Sept. 1681.—Pleasure.—33 Charles II. 1^a pars d. R. 56.—Continued, as also the 3d Baron, Sir Standish Hartstonge, Bart., by James II.—Privy Seal, 19 Feb.—patent, 4 March, 1685.—Pleasure:—1 James II. 1^a pars d. R. 11.

Sir Charles Ingleby,—Worth displaced,—patent, 23 April, 1686.—2 James II.

Sir Stephen Rice, Knt.,—Hartstonge removed,—Privy Seal, 20 April,—patent, 1 June, 1686.—Pleasure.—2 James II. 4^a pars f. R. 32.

Sir Henry Lynch, Bart.,—Rice made Chief Baron,—Privy Seal, 31 March,—patent, 12 April, 1687.—Pleasure.—3 James II. 2^a pars d. R. 7.

Sir John Barnewall, Knt., Sergeant-at-Law and Recorder of Dublin,—Ingleby appointed a Baron in England,—Privy Seal, St. Germain's, 3 Jan.—patent, 2 March, 1688.—Pleasure.—4 James II. 1^a pars d. R. 1.

Sir Henry Echlin, Bart.,—Barnewall removed,—Privy Seal, 5 Oct.—patent, 28 Oct. 1690.—Pleasure.—2 William and Mary, 1^a pars d. R. 11.

Sir Standish Habtstonoe, Bart,—Lynch removed,—Privy Seal, Kensington, 3 Nov.—patent, 10 Dec. 1690.—Pleasure.—2 William and Mary, f. R. 14. Sir Richard Ryves, Knt., Second Sergeant,—Echlin made a Justice of the King's Bench,—Privy Seal, Kensington, 3 March,—patent, 19 March, 1692.—Pleasure.—William and Mary, 1^a pars d. R. 20.

Sir Henry Echlin, Bart.,—Hartstonge deceased,—patent, Dublin, 16 Feb. 1693.—Pleasure.—5 William and Mary, 1^a pars d. R. 3.

Nehemiah Donnellan, Prime Sergeant,—Ryves deceased,—Privy Seal, Kensington, 10 May,—patent, 10 June, 1695. Pleasure.—7 William III. 2^a pars f. R. 4.

Sir Henry Echlin, Bart,—continued,—patent, 25 June, 1702.—Pleasure.—1 Anne, 2^a pars d. R. 11.

Nehemiah Donnellan,—continued,—patent, 18 June, 1702.—Pleasure.—1 Anne, R. 8.

Robert Johnson,—Donnellan made Chief Barony—Privy Seal, 27 Dec. 1703,—patent, 15 Feb. 1704.—Pleasure.—2 Anne, 7^a pars f. R. 6.

John Pocklington,—Echlin removed,—Privy Seal, St James's, 8 Nov. 1714,—patent, 18 Jan. 1715.—Pleasure.—1 George I. 1^a pars d. R. 29.

Sir John St. Leger, Knt,—Johnson removed,—Privy Seal, 8 Nov. 1714,—patent, 18 Jan. 1715.—Pleasure.—1 George I. R. 40.—Continued by George II.—Privy Seal, Kensington, 31 July,—patent, 13 Sept. 1727.—Pleasure.—1 George 11. 2^a pars f. R. 6.

John Pocklington,—continued,—Privy Seal, 31 July,—patent, 17 August, 1727.—Pleasure.—1 Geo. II. 1^a pars f. R. 27.

John Wainwbight,—Pocklington deceased,—Privy Seal, St. James's, 1 June,—patent, 26 June, 1732.—Pleasure.—6 George II, 1^a pars f. R. 16.

Richard Mountney, of the Inner Temple,—Wain Wright deceased, 14 April, 1741,—Privy Seal, Whitehall, 14 July,—patent, 30 July, 1741.—Pleasure.—15 George II. 1^a pars f. R. 14.

Arthur Dawson,—St. Leger resigned,—Privy Seal, 22 Dec. 1741,—patent, 14 Jan. 1742.—Pleasure.—15 George II. 2^a pars f. R. 6.

1761. Richard Mountney,—continued,—Privy Seal, 19 Jan.—patent, 26 Feb.—Pleasure.—Inr. 27 Feb. 1761.—1 George III, 1^a p. m. 17 d. R. 1.

1761. Arthur Dawson,—continued,—Privy Seal, 19 Jan.—Patent, 21 Feb.—Pleasure.—Inr. 27 Feb. 1761.-1 George III. 1^a p. m. 20 d. R. 1.

1768. William Scott, one of the Justices of the King's Bench,—Moimtney deceased,—Privy Seal, 12 July,—patent, 1 August.—Pleasure.—Inr. 10 August, 1768.—8 George III. 2^a p. m. 31 d. R. 22.

1768. George Smyth,—Dawson resigned,—Privy Seal, 8 Nov.—patent 25 Nov.—Pleasure.—Inr. 28 Nov. 1768.—9 George III. 1^a p. m. 43. f. R. 23.

1722. Richard Power,—7 Smyth deceased,— Privy Seal, 29 Feb.—patent, 28 March.—Pleasure.—Inr. 30 March, 1772.—12 George III. 2^a p. m. 49 f. R. 30.

1776. George Hamilton, 3d Sergeant-at-Law,—Scott deceased,—Privy Seal, 29 April,—patent, 14 May.—Pleasure.—Inr. 15 May, 1776.—16 George III. 2^a p. m. 12 d. R. 42.

1784. Peter Metge;—this baron, an addition to the number heretofore appointed,—Privy Seal, 18 Dec. 1783,—patent, 12 Jan.—Good Behaviour,—Inr. 15 Jan. 1784.—24 George III. 1^a p. m. 37, 38 d. R. 77.

1793. Sir Michael Smith, Bart.,—Hamilton deceased—Privy Seal, 5 Dec.—patent, 21 Dec. 1793.—Good Behaviour.—Inr. 2 January, 1794.—34 George III. 2^a p. 14, 15 pag. R. 125.

1794. Denis George,—Power deceased^[1],—Privy Seal, 27 May,—patent, 20 June.—Good Behaviour.—Inr. 21 June.—34 George III. 5^a p. 61, pag. R. 128.

1801. St. George Daly, Prime Sergeant.—Letters Patent to Sir Michael Smith, surrendered on his appointment to the Mastership of the Rolls.—Privy Seal, 13 May,—patent, 22 June.—Good Behaviour.—Inr. 24 June, 1801.—41 George III. 6^a p. 87. pag. R. 173.

1801. William Smith, Solicitor General,—Metge resigned,—Privy Seal, 4 Dec.—patent, 27.—Good Behaviour.—Inr. 29 Dec. 1801.—42 George III. 6^a p. 87, 86. pag. R. 1 85. The same day a pension for life of £2,000 per annum was granted to Peter Metge, in pursuance of his Majesty's Letters hearing date 12 Dec.

1803. James M^clelland, late Solicitor-General,—St. George Daly resigned,—Privy Seal, 22 Oct.—patent, 4 Nov. —Good Behaviour.—Inr. 8 Nov. 1803.—44 George III. 2^a p. 53. pag. R. 193.

1821. Richard Pennefather,—Denis George resigned,—King's Letter, Carlton House, 1 Feb.—An annuity for life of £2,600 to Baron George on retiring, K. L. 16 Feb.—King's Letter Book, Irish Department Office, Westminster.

1830. John Leslie Foster,—McClelland deceased,—patent, 13 July.—1 Will. IV.

1837. Right Hon. Michael O'Loghlen,—Sir W. C. Smith deceased,—patent, 10 Nov.—6 Will. IV.

1837. Right Hon. John Richards, Attorney-General,—O'Loghlen appointed Master of the Rolls,—patent, 3 Feb.—6 Will. IV.

1. He threw himself into the sea at the south wall near Dublin, 2 Feb. 1794. He had been ordered by Lord Clare to appear in Chancery on the 5, to account for his conduct as Usher of that court.