Jump to content

Lucas Dillon (judge)

From Wikipedia, the free encyclopedia

Lucas Dillon
Chief Baron of the Irish Exchequer
In office
1570–1593
Preceded byJames Bathe
Succeeded bySir Robert Napier
Personal details
Born1529 or 1530
Newtown near Trim
Died17 February 1593
Dublin
Alma materMiddle Temple, London

Sir Lucas Dillon (died 1593), also called Luke, was a leading Irish barrister and judge of the Elizabethan era who held the offices of Attorney General for Ireland and Chief Baron of the Irish Exchequer. He supported the Lord Deputy Henry Sidney in the cess controversy and the Lord Deputy John Perrot in the Desmond Rebellions. He was held in high regard by Queen Elizabeth, but was accused by his enemies of corruption and maladministration.

Birth and origins

[edit]
Family tree
Lucas Dillon with his two wives, his parents, and other selected relatives.[a]
James
Dillon

of Riverston
Elizabeth
Bathe
Bartholomew
Dillon

of Riverston
d. 1533
James
Bathe

c. 1500 – 1570
Chief Baron
Robert
Dillon

of Newtown
d. 1579
Chief Justice
Elizabeth
Barnewall
Thomas
Dillon

of Riverston
Jane
Bathe
Lucas
Dillon

c. 1530 – 1593
Chief Baron
Marion
Sharl

d. 1607
Christopher
Barnewall

1522–1575
Robert
Dillon

c. 1540 – 1597
James
1st Earl
Roscommon

d. 1641
Eleanor
Barnewall

d. 1628
Robert
2nd Earl

d. 1642
Margaret
Barry
Legend
XXXSubject of
the article
XXXEarls of
Roscommon

Lucas was born in 1529 or 1530,[b] the eldest son of Sir Robert Dillon and his wife Genet (also called Elizabeth) Barnewall.[4] His father, called of Newtown, pursued a judicial career and would in 1558 become Chief Justice of the Irish Common Pleas.[5] His father's family was Old English and descended from Sir Henry Dillon who had come to Ireland with Prince John in 1185 during the Anglo-Norman invasion of Ireland.[6]

Lucas's mother was a younger daughter of Edward Barnewall of Crickstown.[7] Her family also was Old English and descended from Michael de Berneval who had come to Ireland in the time of Henry II of England (12th century).

He had three brothers and three sisters (see his father's article).[8]

Early life

[edit]

He entered the Middle Temple, London, in 1561, was called to the Bar, and then returned to Ireland to practice law.[9] His rise in the legal profession was rapid: he became Principal Solicitor for Ireland in 1565. He bought an estate at Moymet, near Trim, County Meath, on which he built Moymet House, where he lived in 1565,[10] now a ruin. Moymet is near the older family estate of Newtown Abbey that had been given to his father. Dillon later also acquired lands in County Cavan. He also owned a townhouse on Nicholas Street in Dublin.

First marriage and children

[edit]

Dillon married about 1565 Jane Bathe, daughter of James Bathe by his second wife Elizabeth Burnell. His father in law was Chief Baron of the Irish Exchequer.[11]

Lucas and Jane had seven sons:[11]

  1. James (c. 1570 – 1641), became the 1st Earl of Roscommon in 1622[12]
  2. Henry (died 1609) of Kentstown in County Meath[13]
  3. Christopher[14]
  4. Oliver[14]
  5. Alexander[14]
  6. John, either died childless[14] or married a daughter of Sir William Sarsfield of Lucan[15]
  7. Robert[16]

—and five daughters:[11]

  1. Genet, married Christopher Plunkett, 9th Baron Killeeen and was mother of Luke Plunket, 1st Earl of Fingall.[17]
  2. Eleanor (died 1607), married Robert Rochfort of Kilbride,[18] ancestor of the prominent Rochfort family
  3. Elizabeth[19]
  4. Margaret, married John Sarsfield of Shurninges[19]
  5. Anne, married Richard Plunket of Rathmore[20]

Further career

[edit]

He was promoted Attorney General for Ireland on 8 November 1566.[21]

Member of Parliament

[edit]

He sat in the Irish House of Commons as one of the two knights of the shire for County Meath in Elizabeth's 2nd Irish Parliament (1569–1571).[22][21]

Elevation to the Bench

[edit]

In 1570 he succeeded his father-in-law James Bathe as chief baron of the Irish exchequer,[21][23] rather against the wishes of the Irish legal profession, most of whom would have preferred the second Baron of the Exchequer, Robert Cusack. The final decision rested with Queen Elizabeth, who wrote that while she heard very good reports of Cusack, Dillon had the stronger claim (the precise reason for the Queen's preference remains obscure, but her judgment in such matters was usually sound). Cusack's supporters praised him as "a true Protestant", whereas Dillon was known to incline privately to the Roman Catholic faith, and in his last years made little effort to conceal the fact. However, the English Crown, while it made intermittent efforts to appoint judges with strongly Protestant views, would as a rule accept outward adherence to the Church of Ireland as sufficient evidence of loyalty, and Dillon's private religious opinions, which were shared by several of his colleagues, were thus not a bar to advancement. In any event, Cusack died later the same year.

Judge

[edit]

Until his last years, Dillon was held in high regard by the English Crown. Sir William Gerard, the Lord Chancellor of Ireland, described him as an energetic reformer, who was diligent in attending the Privy Council and the Court of Castle Chamber (the Irish equivalent of the English Star Chamber). He was seen as one of the few Irish judges of real eminence, at a time when the Crown authorities ranked the competences of most of his colleagues below that of an inexperienced junior member of the English Bar.[24]

Sidney

[edit]

Dillon was particularly close to Sir Henry Sidney, the Lord Deputy of Ireland, who called him "my faithful Dillon".[25] Sidney knighted him in 1575.[26]

He was one of Sidney's few influential supporters during the so-called "cess controversy", the much-resented attempt to impose a tax for the upkeep of military garrisons on the gentry of the Pale, and became rather unpopular as a result.[27] His membership of a five-man commission empowered to fine those landowners who refused to pay the cess was a particular source of irritation, especially as he was its only Irish member.

Like Gerard, Dillon was a firm believer in the benefits of extending the common law to all parts of Ireland, and of encouraging the settlement of all grievances by resort to law. In general, he favoured moderation rather than coercion, although he would where required by the Crown carry out repressive measures. He played a considerable part in putting down the Desmond Rebellions and the rebellion of William Nugent.[28] Sidney did, however, express concerns about Dillon's increasing ill-health, which he feared might make him incapable of performing his duties as a judge.[29] In September 1578 the Queen recalled Sidney and he was replaced by William Drury, as only Lord Justice of Ireland.[30]

Second marriage

[edit]

Dillon married secondly in 1575 Marion Sherle (or Shurle), daughter of Patrick Sherle of Shallon, County Meath, and widow of Sir Christopher Barnewall of Turvey House.[31][32] The marriage stayed childless,[33] but Marion had many daughters from her first marriage; one of them, Eleanor (or Helen), married her stepfather's eldest son, James Dillon.[34] Marion would die as his widow in 1607 but be buried beside her first husband in Lusk church.[35]

Later years

[edit]

Dillon inherited the family's lands at Newtown on his father's death in 1579.[36] Older sources give his father's year of death as 1580.[37][38]

Execution of Nicholas Nugent

[edit]

Lucas's reputation suffered greatly through his sitting, together with his cousin Robert Dillon, as a judge in the trial of Nicholas Nugent for treason in 1582. Nicholas was accused of treason in the context of the rebellion of his nephew William Nugent. There had been a long and bitter feud between the Nugent and Dillon families. Nicholas had recently been appointed Chief Justice of the Common Pleas and Lucas's cousin Robert Dillon reportedly hoped to take Nugent's place. The trial of a senior judge on a treason charge was without precedent in England or Ireland. Both Dillons should have been disqualified from sitting as judges at his trial as one of the charges was that Nugent had plotted to kill them.[39] The trial ended with Nugent's conviction and execution (on 6 April 1582), which caused grave public disquiet, (although he did at least have the benefit of trial by jury), and led to a claim that Irish-born judges were incapable of administering impartial justice. The Queen for a time altered her favourable opinion of Lucas, but after obtaining a series of private audiences with her during a lengthy visit to London in 1582 and 1583 he was restored to favour. He was apparently offered the vacant position of Lord Chief Justice of Ireland, but declined it.

Perrot

[edit]

Dillon was by now acquiring powerful enemies, notably Thomas Butler, 10th Earl of Ormond, but he also had friends, including the new Lord Deputy, Sir John Perrot, appointed 1584. He was spoken of as a likely Lord Chancellor of Ireland, although his critics said that he was too corrupt for the post.[40] Queen Elizabeth thought highly of him, apart from a period of coolness in their relationship after the death of Nicholas Nugent, and at one point was said to have offered him the office of Lord Chief Justice of Ireland (i.e. Chief Justice of the Queen's Bench).[41] If the offer was made, it seems that his enemies had enough influence to block it. As some consolation for his failure to attain higher office, he was in 1583 made Seneschal of the barony of Kilkenny West.[42]

As Perrot's Deputyship became increasingly embattled, Dillon, his ally, was also attacked: Adam Loftus, Archbishop of Dublin accused him of recusancy, a very serious charge to make against a servant of the Crown, and informed the London government that he was "very corrupt". The charge of recusancy at least had a grain of truth, since Lucas was widely known to favour the old religion.[43] William Nugent, who had received a royal pardon for his rebellion against the Crown, made a concerted attack on Sir Robert Dillon, who was by now Lord Chief Justice, and for a time had him suspended from office. Lucas was also attacked by Nugent, although he was not charged with any crime, even after Perrot's final downfall in 1593, not long before his own death. The stress of defending himself against charges of corruption is said to have hastened his end, although he was, in any case, an old man by the standards of the time, and had been in ill health for some years.[29]

Effigies of Sir Lucas Dillon and his 1st wife, Jane Bathe, Newtown Abbey

Death, tomb, and timeline

[edit]

Dillon died on 17 February 1593[2][3] in Dublin,[44][45][c] He was succeeded on 10 April in his office as chief baron of the exchequer by Sir Robert Napier.[46]

He was buried beside his first wife, Jane Bathe, in the Clonburn parish church, the ruin of which still stands next to Newtown Abbey, near Trim, County Meath.[47] Their monument is an altar tomb. Its chest is crowned by the couple's recumbent effigies in high relief.[48][49] The tomb is nicknamed "the tomb of the jealous man and woman", perhaps because the effigies are separated by a sword of state.[50]

A Latin inscription, not visible any more on the tomb, gave the 17 February as the date of death and his age as 64.[51]

Timeline
As his birth date is uncertain, so are all his ages.
Age Date Event
0 1529, estimate Born[b]
17–18 1547, 28 Jan Accession of Edward VI, succeeding Henry VIII of England[52]
23–24 1553, 6 Jul Accession of Queen Mary I, succeeding Edward VI of England[53]
28–29 1558, 3 Sep Father appointed Chief Justice of the Irish Common Pleas.[5]
28–29 1558, 17 Nov Accession of Queen Elizabeth I, succeeding Queen Mary I[54]
35–36 1565, 13 Oct Henry Sidney, appointed Lord Deputy of Ireland[55]
40–41 1570 Chief Baron of the Irish Exchequer.[23]
45–46 1575, Sep Knighted in Drogheda by Sir Henry Sidney[56]
45–46 1575 Married his 2nd wife[33]
49–50 1579 Inherited Newtown from his father.[36]
50–51 1580, 15 Jul Arthur Grey, 14th Baron Grey de Wilton, appointed Lord Deputy of Ireland[57]
51–52 1581 Helped putting down the rebellion of William Nugent
52–53 1582, Apr Condemned Nicholas Nugent for treason.
54–55 1584, 7 Jan John Perrot, appointed Lord Deputy of Ireland[58]
63–64 1593, 17 Feb Died in Dublin[59]

Reputation

[edit]

Lucas Dillon's record as a judge and as a statesman has received a somewhat mixed verdict from historians. F. Elrington Ball points to the charges of corruption made against him and his improper conduct of the Nugent trial.[60] Crawford, on the other hand, praises his talent and energy, points to the high regard most Crown officials had for him, and argues that the charges of corruption made against him were partisan in nature.[61] It is significant that Queen Elizabeth, who was noted for her skill in choosing good public servants, thought highly of him.[62]

Notes and references

[edit]

Notes

[edit]
  1. ^ This family tree is based on the genealogies of the earls of Roscommon.[1] Also see the lists of siblings and children in the text.
  2. ^ a b He died on 17 February 1593 at the age of 64.[2][3]
  3. ^ Some authors give 1592, probably because they did not know the month of the unadjusted OS format.[44]

Citations

[edit]
  1. ^ Lodge 1789, pp. 139–142 (footnote).
  2. ^ a b Clavin 2009, 13th paragraph. "... his death in February 1593."
  3. ^ a b Jocelyn 1973, p. 160. "... having reached the age of sixty-four years ended his days on the seventeenth February ..."
  4. ^ Ball 1926, p. 211, penultimate line. "... was son of Robert Dillon and Elizabeth Barnewall;"
  5. ^ a b Lodge 1789, p. 154, line 24. "... advanced, 3 September following [1558], to be Chief Justice of the Common Pleas ..."
  6. ^ Webb 1878, p. 149, line 7. "... [Sir Henry Dillon] came to Ireland in 1185 as secretary to Prince John ..."
  7. ^ Lodge 1789, p. 154, line 37. "He [Robert Dillon] married Genet, younger daughter of Edward Barnewall of Crickstown."
  8. ^ Lodge 1789, p. 154, line 40. "... had issue four sons and three daughters."
  9. ^ Ball 1926, p. 211, last line. "... entered the Middle Temple 1551; returned to Ireland;"
  10. ^ Clavin 2009, 2nd paragraph. "... was appointed solicitor general for Ireland and was resident at Moymet, Co. Meath, later that year."
  11. ^ a b c Clavin 2009, 2nd paragraph, 4th sentence. "About this time, he married Jane, daughter of Sir James Bathe (qv), chief baron of the court of exchequer; they had seven sons and five daughters."
  12. ^ Cokayne 1895, p. 410, line 15. "1. James Dillon s. [son] and h. [heir] of Sir Lucas Dillon of Newtown and Moymet co. Meath, Chief Baron of the Exchequer [I.[Ireland] ] and Senechal of the Barony of Kilkenny West, by Jane da. [daughter] of James Bathe, also Chief Baron of the Exchequer [I.] ..."
  13. ^ Lodge 1789, p. 157, line 8. "Henry Dillon, (the second son) of Kentstown, in Meath and of Strokestown and Ardnecrane in Dillon's Country, married Elizabeth, daughter to the Lord Culpepper and dying 18 April 1609 (or 20 April 1610) had four sons and three daughters ..."
  14. ^ a b c d Lodge 1789, p. 156, line 36. "Christopher, Olivers, Alexander, and John, all died childless;"
  15. ^ Crawford 2004, p. 220, left column, line 27. "Another son, John, married the daughter of Sir William Sarsfield of Lucan, co. Dublin.
  16. ^ Lodge 1789, p. 156, line 37. "Robert, who settled in the King's County, and left posterity in Munster and in England;"
  17. ^ Lodge 1789, p. 156, line 38. "Genet, married to Christopher, the ninth lord Killeen, and was mother to Lucas created Earl of Fingall."
  18. ^ Lodge 1789, p. 156, line 40. "Elinor, to Robert Rochfort of Kilbride, in Meath, Esq.."
  19. ^ a b Lodge 1789, p. 157, line 5. "Elizabeth; Margaret, to John Sarsfield of Shurninges, in the county of Kildare, Esq;"
  20. ^ Lodge 1789, p. 157, line 6. "Anne, to Richard Plunket of Rathmore, Esq."
  21. ^ a b c Clavin 2009, 2nd paragraph, 6th sentence. "... he was made attorney general on 8 November 1566, sat in the Irish parliament of 1569–70, succeeded his late father-in-law as chief baron of the exchequer on 17 May 1570, ..."
  22. ^ Moody, Martin & Byrne 1984, p. 603. "1569 / 11 to 13 Eliz. I / 17 Jan. ..."
  23. ^ a b Smyth 1839, p. 163. "Sir Lucas Dillon ... Dillon made Chief Baron, -patent 4 June 1570."
  24. ^ Crawford 2005, p. 98. "Junior officials in England vied for the high office  ..."
  25. ^ Ball 1926, p. 212, line 13. "... became high in favour of Lord Deputy Sidney; was called by him 'meus fidelis Lucas' ..."
  26. ^ Shaw 1906, p. 73. "1567, Dec., Robert Dillon (de Lion), of Newton, Co. Meath, lord chief justice of Common Pleas, (ibid. [in Ireland])"
  27. ^ Pollard 1901, p. 133, left column, line 46. "... an unpopularity which was increased by their [Robert and Lucas Dillon] being largely responsible for the exaction of the 'cess' from the gentlemen of the Pale."
  28. ^ Pollard 1901, p. 133, left column. "They [Lucas & Robert Dillon] were thanked by the government on 14 Jan. 1581-2 for their diligence in discovering and examining into the Nugents conspiracy;"
  29. ^ a b Ball 1926, p. 142, line 2. "The same master of the rolls being chancellor of your exchequer, and the chief baron thereof, being both sick and impotent, are forced to be absent ..."
  30. ^ Bagwell 1885, p. 349. "... September 12 [1578], exactly three years after his arriveal, Sidney embarked at Woodquay ..."
  31. ^ Ball 1926, p. 212, line 9. "... married as his second wife Marion Sharles, widow of Sir Christopher Barnewall of Turvey 1575."
  32. ^ Crawford 2004, p. 220, left column, line 12. "After the death of his first wife, Jane, he [Lucas Dillon] married Marion (née Sharl), widow of Sir Christopher Barnewall of Turvey, in 1575 "
  33. ^ a b Clavin 2009, last paragraph. "After the death of his first wife he married (1575) Marion Sherle, widow of Sir Christopher Barnewall; they had no children."
  34. ^ Cokayne 1895, p. 411, line 1. "He [James D. 1st Earl] m. Helen, 2d da. of Sir Christopher Barnewall of Turvey, co. Dublin, by Marion da. of Patrick Challis, otherwise Serle, of Shallon, co. Meath."
  35. ^ Brewer 1829, p. 254, line 23. "... the costly monument of Sir Christopher Barnewall, of Turvey, grandfather of Nicholas, first Viscount Kingsland; and his lady Marian ..."
  36. ^ a b McCormack & Clavin 2009, 3rd paragraph. "... his death, which occurred shortly before 5 July 1579."
  37. ^ Pollard 1901, p. 135, line 45. "... his death in April 1580 ..."
  38. ^ Ball 1926, p. 206, line 39. "died 1580;"
  39. ^ Ball 1926, p. 147, line 11. "On the one hand Nugent was accused of endeavouring to contrive the assassination of Sir Lucas Dillon and Sir Robert Dillon ..."
  40. ^ Pollard 1901, p. 133, left column, line 21. "In May 1581 it was proposed to make him lord-chancellor (Cal. State Papers, Ireland, 1574-85, p. 302)"
  41. ^ Ball 1926, p. 212, line 26. "... was offered while there by Elizabeth, who considered him worthy of a better office, the chief justiceship of the Queen's bench 1583."
  42. ^ Ball 1926, p. 212, line 31. "... as some compensation Dillon was, on 5 June 1583, made seneschal of Kilkenny West."
  43. ^ Crawford 2005, p. 110.
  44. ^ a b Crawford 2004, p. 220, left column, line 5. "... Dillon's death which took place in Dublin in 1592 ..."
  45. ^ Pollard 1901, p. 133, right column. "... Sir Lucas Dillon died early in 1593 ..."
  46. ^ Pollard 1894, p. 73. "... he was appointed chief baron of the exchequer in Ireland, under a writ of privy seal dated 10 April [1593]."
  47. ^ Ball 1926, p. 212–213. "... died 1592; was buried in Newtown church;"
  48. ^ Brewer 1826, p. 174. "Among several monuments at this place is that of Sir Lucas Dillon, of Newtown and Moymet, in this county, and his lady. Sir Lucas was one of the ablest Irish lawyers of Elizabeth's reign ..."
  49. ^ Hoare 1807, p. 269. "I observed another altar tomb exposed to the rude elements, on which there were the recumbent effigies of a male and female figure, habited in the costume of Queen Elizabeth. On its base is an inscription, which I did not have time to decipher, but I am told by a gentleman of the country that this monument was erected to the memory of two personages of the Roscommon family."
  50. ^ Gerrard 2004, p. 265. "... look out for the famous tomb of the jealous man & woman."
  51. ^ Jocelyn 1973, p. 160 ps=. "... having reached the age of sixty-four years ended his days on the seventeenth February ...".
  52. ^ Fryde et al. 1986, p. 43, line 15. "Edward VI ... acc. 28 Jan. 1547;"
  53. ^ Fryde et al. 1986, p. 43, line 27. "Mary I … acc. 6 Jul. 1553;"
  54. ^ Fryde et al. 1986, p. 43, line 41. "Elizabeth I … acc. 17 Nov. 1558;"
  55. ^ Fryde et al. 1986, p. 168, line19 . "1565, 13 Oct. / 20 Jan. 1566 / Henry Sidney, L.D. [Lord Deputy]"
  56. ^ Shaw 1906, p. 77. "1575, Sep., Lucas Dillon (de Lion), lord chief baron of the Exchequer, (in the church at Drogheda by Sir Henry Sidney, lord deputy)"
  57. ^ Fryde et al. 1986, p. 168, line 27. "1580, 15 July / 7 Sept. / Arthur, lord Grey, L.D. [Lord Deputy]"
  58. ^ Fryde et al. 1986, p. 168, line 29. "1584, 7 Jan. / 21 June / John Perrott, L.D. [Lord Deputy]"
  59. ^ Clavin 2009, paragraph 13. "... his death in February 1593."
  60. ^ Ball 1926, p. 147. "The conduct of the trial is a striking revelation of the methods on which justice was then administered by men of Irish birth."
  61. ^ Crawford 2005, pp. 109–110.
  62. ^ Pollard 1901.

Sources

[edit]
Legal offices
Preceded by
James Barnewall
Attorney-General for Ireland
1566-1570
Succeeded by
Preceded by Chief Baron of the Irish Exchequer
1570–1593
Succeeded by