Chronicle of the law officers of Ireland/Masters of the Rolls

by Constantine J. Smyth

MASTERS OF THE ROLLS.

William de Bardelly, was Keeper of the Rolls,—patent, 1334.—B.T. 8 Edw. III. f. No. 8.

Thomas de Thelwall,—Same,—patent 1372,—fee £20.—46 Edw. III. f. R. 4. 8.—June 19, 1372, he had a liberate of 40s., part of five marks granted to him for lately carrying the Rolls, and other memorials of Chancery, to the Lord Deputy and Council at Cork.—Idem, R. 9.

Robert Sutton,—patent, 4 Nov.1373(47.)—Pleasure.—Fee, £20.—48 Edw. III. Rot. Cl. f. R. 1 and 2.—And by Letters dated at Dunboyne, 21 March in this year, the King wrote,—"Although lately, by the advice of our Council in Ireland, we granted, by patent, to Robert de Sutton, the office of Chief Clerk of the Chancery, with the yearly fee of £20, as other clerks had before usually received in the said office, yet at the time of the said grant, it was the intention of us and our council that the said fee of £20 should be equally divided betwixt him and Thomas de Everdon, Clerks of our said Chancery, for that they both at the same time and together executed the said office before our Council, and therefore we direct the said division accordingly."—Idem.

Thomas de Everdon is mentioned as Clerk of the Chancery,—patent, 1377, 1 Ric. II.

Thomas de Everdon, Clerk, and Robert de Sutton, Clerk,—jointly Keepers of the Rolls, from 4 Feb. 1374, to 20 June 1377, (51 Edw. III.,) with £20 fee.—B. T. Rot. Cl. 1 Ric. II. f. No. 12, and R. Cl. 1 f. R. 2.—Robert Sutton continued by King Richard II.,—patent, 21 Jan. 1378.—Fee, £20.

Robert Sutton,—a new appointment,—patent, 21 Jan. 1382, (5 Ric. II.)—He was Keeper of the Rolls also in 1389 and 1390.—B.T. 17 Ric. II. f. No. 26.

Thomas de Everdon,—Sutton revoked,—patent. Trim, 15 Jan. 1385.—Clerk, Keeper of the Rolls, writs, books, records, and other memoranda, with the same fee as Robert Sutton had received, to whom a mandate issued to deliver up the office to him; and on 20 Jan., he was sworn before Alex. Bp. of Ossory. Chancellor, and John Penros, Chief Justice of the King's Bench at Dublin, in the church of St. Nicholas; and on 22, Sutton delivered up the office to him.—8 Ric. II. f. 9.

John Kirkeby, Clerk,—patent, 1399.—B.T. 1 Hen. IV. 1^a pars d. No. 111.

Thomas de Everdon,—patent. Trim, 10 Jan. 1401.—Behaviour.—Keeper of the Rolls, writs, and records: to execute the office by himself, or his sufficient deputy whenever he should be otherwise employed in the King's service, with all such fees as John Kirkeby, Clerk, late Keeper of the Rolls, had yearly received.—2 Hen. IV. f. 8.

Robert Sutton,—patent, Westminster, 27 April, 1423.—Appointed Keeper of the Rolls in consideration of the laudable services he had performed to the Kings Edward the Third, Richard the Second, Henry the Fourth and Fifth, in the office of Keeper of the Rolls of the Chancery.—Sworn 1 June, and on the 2 he constituted John Passanaunt and William Sutton, clerks, deputies of the Rolls, jointly and severally, who were received by Richard Segrave, Deputy Chancellor, who had been so appointed during Sir Lawrence Merbury's absence, 8 April, and sworn 3 May this year.—Rot. Cl. 6 Hen. VI. f. S., and B.T. 1 Hen. VI. 2^a pars f. No. 17, 18.

William Sutton,—Clerk and Keeper of the Rolls,—patent, 10 Dec. 1430.—Life.—He had been deputy to Robert Sutton, from 2 June 1423, sworn 18 Jan. following.—B.T. 9 Hen. VI. 4^a pars f. between No. 11 and 12.

Robert Dyke, Archdeacon of Dublin,—patent, 1446. (24 Hen. VI)—39 Eliz. 1^a pars d. R 2, 3.

Patbick Cogley,—patent, 2 May, 1461,—Pleasure,—usual fees,—sworn 19.—1 Edw. IV. f. 3.

Peter Travers,—patent, 4 August, 1461.—Life,—with the fee of £20 out of the manor of Esker, by writ of Privy Seal from England and authority of Parliament; sworn 26 Sept. following.—Idem. Thomas Dowdall,—patent, 1478.—Being ordered by letters, dated at Windsor, 8 May this year, to repair to the King, he appointed, 8 August following, Thomas Archbold, Attorney-General, (Narrator Regis,) to be his deputy during his absence.—18 Edw. IV. d. R. 1.

John Payne, Bp. of Meath,—patent, 3 Oct 1496, (12.)—Pleasure.—10. 13 Hen. VII. f. R. 1.

Thomas Darcy, Rector of Howth,—Clerk or Keeper of the Rolls,—patent, 7 July, 1522.—Pleasure.—Fee £20 of silver, out of the issues, profits, rents, and revenues of the King's manor or lordship of Esker, in the county of Dublin.—Fiant 14 Hen. VIII.

Robert Cowley, Clerk or Master of the Rolls,—patent, 10 Jan. 1528.—19 Hen. VIII. Index, Book of Grants.

John Alen, Knt, (ad instar clerici sive magistri Rotulorum et Recordorum regni dicti Domini Regis sui Angliee,)—Robert Cowley, surrendered, who had been appointed for life, January 1528, with the fee of 50 marks,—patent, Westminster, 9 July, 1533, (25.)—Life,—Fee, £20 Irish.—"He was late Clerk of the Privy Council in Ireland, and by this patent was made Clerk or Master of the Rolls and records of the Chancery, with the fee of £20 Irish, and all fees from 6 August last. He was also hereby made clerk of the Council for life, in the same manner as he Robert Cowley, or any other, had enjoyed that office. On 18 August his patent was produced to Gerald, Earl of Kildare, Lord Deputy, and the Council, in the Great Chamber within the Castle of Dublin, and there publicly read. He was sworn on 31 August, before the Abp. of Armagh, Chancellor, which oath is enrolled ; and at the same time took the oath of office, as clerk of the Council."—25 Hen. VIII.

Sir Thomas Cusake, Knt., of Cusingeston or Cussington, after of Lismollen, co. Meath,—Alen surrendered 9 June, and made Lord Chancellor,—patent, Trim, 10 June, 1542,—fee, 50 marks sterling.—34 Hen. VIII. fac. 6.

Nicholas Wycombe was appointed, 25 Sept. 1543, Clerk and Keeper of all the writs, bills, records, files, &c., during pleasure, as he or any other had held the same. — Quamdiu nobis placita eorundem in eadem Cancellaria remanere contigerint indiscussa.—35 Hen. VIII. fac. R. 8.

Patrick Barnewall, of Gracedieu, county of Dublin, Serjeant at law, Knt.,—Cusake surrendered, 30 Sept., and made Lord Chancellor,—Privy Seal, Windsor, 5 August 1550,—patent, Dublin, 1 Oct. 1550.—Fee, from Michaelmas.—4 Edw. VI. fac. R. 25, and again R. 30, being a fuller patent.—An order of state for safe custody of the Records.—"Jamys Crofte: Whereas We be informed by the Lord Chancellor and Master of the Rolls, that there is no place certain or convenient for the safeguard of the King's Majesty's records and muniments of his Highness's Chancery of this His Grace's realm of Ireland, other than the tower within his Majesty's Castle of Dublin, which is both ruinous and far distant from the late cathedral church of St. Patrick, where as his Highness's Courts be now kept, being no place meet fr the daily resort of his Majesty's officers, and others his Grace's subjects, having charge or occasion to have the order, sight, or copies of any of them, as shall appertain, through which the losses of the said records and muniments, besides other inconveniences have and may well ensue; and for that the late library of the said late cathedral church is a meet and sure place for the safeguard and custody of the said records and muniments, hear unto the said Courts, where as his Majesty's said officers having charge, and others his Highniess's subjects, upon honest occasion, may from time to time conveniently resort. We order and appoint that the said library be the place for the safe keeping of such of the said records and mimiments as shall be kept out of the said tower of his Highness's said Castle of Dublin, and all such of the said records and muniments as shall be out of the said tower, shall be put and safely kept in the said library; and that the clerk of the Hanaper of his Majesty's Chancery for the time being, shall provide and foresee that presses, stages, chests, windows, doors, locks, and all other necessaries shall be provided, furnished, and made, as well in and for the said library, as the said tower of the Castle, for the safeguard, sure keeping, and good ordering of the said records and muniments from time to time; and this our order, with your particular accompts of your disbursements about the same, upon your accounts of the revenue and profits coming and growing of his Highness's said Hanaper to be made before the Barons of his Grace's Exchequer of this his said realm, shall be your sufficient warrant and discharge in that behalf. Given at Dublin, 11 Nov., in the fifth year of the reign of our Sovereign Lord King Edward VI.—Thomas Cusake, C, Edward, Midens, James Bath, Baron, Ralphe Bagenall, Gerald Aylmer, Justice, T. Luttrell, Justice, Thomas Howth, Justice, P. Bamewall, Master of the Rolls, Thonuts Lockwode, Dean, Edward Barsent."—5 d. R. 5.

John Parker,—Bamewall deceased,—patent, Dec. 1552.—Life,—fee 50 marks.—6 Edw. VI.—Queen Mary, by commission, on the 6 July, 1553, gives him full power and authority to execute the following instructions, annexed to the said conmission in a schedule thus intituled:—"Instructions for Master Parker, Master of the Rolls, to proceed thereafter by authority of the Commission hereunto annexed. First, he shall and may hear, examine, and take order for all matters in controversy, to be moved before him, betwixt party and party, inhabiting as well in Offalyli, Fertullaghe, Ferbill, Bermingham's Country, as in the Barony of Moyfenragh, and the Bishop his lands, Leynagh's lands, and Clonmore; and also shall examine and inquire in all those parts, of all receivers of stolen goods, putters out of any goods to the Connors or any other like Irishmen, and proceed with them according to his discretion; Item, he shall take musters, as well of all the gentlemen and other inhabitants in those quarters, and also of all Kern that have holdings of the countries, and other that he in wages with the Queen's Majesty, and appoint them from time to time to serve, as occasion shall require, for defence of the Queen's subjects, and punishment of all malefactors, as well enemies. Irishmen, or subjects, as thieves and vagabonds; he shall likewise inquire for all those that take meat and drink of the poor people without authority, or take money for the same, and do what he may to have them apprehended, and after punished, causing them to satisfy the former poor people for exactions. Item, he shall punish all such as have taken, or shall hereafter take any pledge by their own hands, unless they have first license. Item, he shall take order in the said quarters, and foresee that nightly watch he set forth and kept in all places there, upon pain and penalties to he appointed by him, which he shall levy accordingly. Item, he shall raise in Moyfenragh, Bermingham's country, the Bishop and Leynagh's lands, Ferhill, and Fertullagh, to repair a ditch or ditches from the castle of Tecroighan to the Boyne, which in times past was made for the defence of the country, of every plough land six men for six days, according to a concordatum made to him in that behalf. Item, he shall take order for the quiet and defence of the said countries, and has power from time to time to parley with the outlaws, rebels, and other fugitive persons, and at his discretion to give them, or any of them, safe conduct to come and go to and from him.—Whereas our said servant John Parker hath also been an humble suitor unto us, to have some of our lands within that reakn, either in gift or fee farm, in recompense of his long service and the charges and hinderances, which he hath sustained through the same, we let you know that we are pleased, for some recompense of his said service, to grant unto him in farm, by lease for twenty and one year, lands to the yearly value of one hundred marks, after the best survey, foreseeing that the said lands be so by you chosen and appointed, as no other man of service, or otherwise to be thought meet to continue in the same, be displaced of his living for serving this man s turn, which thing provided for, we will you to make him a lease under the Great Seal of that our realm accordingly; and these our letters shall be you sufficient warrant for the same. Given under our Signet, at our palace of Westminster, the 23 day of October, the first year of our reign."—1.Mary, 1^a pars d. R. 10. fac. R. 2.—John Wycombe was Deputy to Parker in 1559.

Henry Draycott, of Marinerton, co. Meath,—Parker deceased,"—Privy Seal, 5 Oct.—patent, 15 Dec. 1566.—Pleasure,—fee £50 Irish. He was Chief Remembrancer of the Exchequer, which he surrendered 8 Dec., and appeared in Chancery the 15, on his being appointed Master of the Rolls.—9 Eliz. d. 1.—Patent not inrolled.

Nicholas Whyte, of Whyte's Hall, Knt.,—Draycott deceased,—Privy Seal, 18 July, 1572,—patent, 1572.—Life.—Fee, £50, This patent is not finished on the Roll and so there is no date. "We understand that the Mastership of the Rolls is void by the death of Henry Draycott, whom we always esteemed as a faithful good servant, and therefore we are sorry to have lost such a one, hut that we trust he hath won a better state hy exchange of this worldly life; and perceiving also that commendation is made from you of one Nugent, and from others there of one Dillon, both of that country birth, we ourselves, for the knowledge we have of the sufficiency of Nicholas Whyte, who is now here present with us, and perceiving by your late letters written to us on his behalf, how much you esteem him for a councillor, and how earnestly you desire to have him return for your assistance, have resolved to appoint him to he Master of the Rolls, which we think yourself will also host allow; and therefore we will that you shall make a grant to him of the said office, by our Letters Patent under our Great Seal of Ireland, to have the same in like and as large manner and estate as Henry Draycott, John Parker, Sir Patrick Bamewall, or Sir T. Cusake had the same: And we do order that the said Nicholas Whyte shall surrender the office which he has of the Senescalship of Wexford, to be bestowed upon some sufficient person meet for martial service and for civil government, so as nevertheless the said Whyte may continue therein before he surrender the same, the space of eight months, to the intent he may more effectually prose- cute by law the execution of justice against such as did kill or murder his son-in-law, Robert Browne, whose death we doubt not, but it shall by your means, for example's sake, be duly punished. Given under our Signet, at our Manor of Haveringe, 18 July 1572, in the 14th year of our reign.

"To the Lord Deputy Fitz Williams."

Edward Fitz Symon, Keeper of the Rolls,—Whyte sequestrated,—patent, 28 April, 1578,—pleasure.—Whereas Nicholas Whyte, Master of the Rolls, is for abusing and non using of his said office sequestrated to deal therein until our gracious pleasure be known to the contrary, and for that there is none in the mean time to sit in our High Court of Chancery to hear, decide, order, and determine causes betwixt party and party, and otherwise to continue that Court as hath been accustomed, and also to have the keeping and custody of the Rolls, records, phillaces, books, and other writings of the said Court, whereby those that hath need of the sight of them may have recourse for copies, and such like furtherance of their causes as to justice appertaineth. We have thought good, by the advice and consent of our right trusty and well-beloved councillor Sir Henry Sidney, Knight of our Order of the Grarter, Lord President of our Marches of Wales, one of our Privy Council in England, and Lord Deputy General of our realm of Ireland, to give and grant, like as herehy we do give and grant, full power and authority to our well-beloved Edward Pitz Symon, our Sergeant at Law, not only to sit in our said High Court of Chancery, and there to hear, decide, order, decree, and determine such cause and causes as depend in' the said Court, or hereafter shall he brought in suit in the said Court, and further to do, execute, proceed, and set forth all and every other thing and things in the said Court, in as large and ample manner as the said Nicholas Whyte, as Master of the Rolls, or any other before him in that office might and ought to have done in the said Court of Chancery; but also do give and grant to the said Edward the custody and keeping of the Rolls, records, phillaces, books, and other writings of the said Court which pertaineth to the keeping of the Master of the Rolls' office, and him the said Edward, Guardian and Custos of the said Rolls, records, phillaces, hooks, and writings, we do hereby make, constitute, and appoint, and also to do and execute the premises, and every of them, as fully, wholly, entirely, and amply as the said Nicholas Whyte, Master of the Rolls, at or before the time of his sequestration from the exercise of the said office, or any other Master of the Rolls before him in that roume, might or ought to have done; to have, hold, use, occupy, exercise, and enjoy the said office of sitting, hearing, ordering, decreeing and determining causes (as aforesaid), and the said keeping of the Rolls, records, phillaces, hooks, writings, and other the premises, unto the said Edward, until our pleasure be further known touching the said Master of the Rolls.

Anthony St. Leger,—Whyte deceased,—Privy Seal, 10 April, 1593.—Patent, Dublin, 29 June, 1593.—Pleasure.—"Fee, £50 Irish, with portcorn and beeves from the feast of the Annunciation last, together with 100 marks a-year, part of the fine imposed upon the Bishop of Leighlin, as Dean of St. Patrick's, for ten years, and all fees due from the said feast of the Annunciation last past."v35 Eliz. 1^a p. f. R. 9 and 2^a pars fac. 11.

Sir Anthony St. Leger, Knt.,—continued,—Privy Seal, Holyrood House, 28 March, 1603,—patent, Dublin, 20 April, 1603.—1 James I. 1^a pars f. R. 3

Sir Francis Aungier, Knt., after Lord Aungier, Baron of Longford,—St. Leger resigned,—Privy Seal, Westminster, 5 June, 1609.—Patent, Dublin, 5 Oct. 1609. "At the humble suit of Sir Anthony St. Leger, Knt., late Master of the Rolls, the King granted him a license to leave his place, and make his abode in England, and for supply of that office made choice of Sir Francis Aungier, Knt., a counsellor at law in England, and sent him to Ireland, requiring the Lord Deputy immediately upon his arrival to pass patent to him of that office, with all such fees, portcorn, house-rent, allowance for heeves, with such allowance for transportations as was formerly made to Sir Anthony St. Leger, to hold from Easter last, at which time Sir A. St. Leger left the same; and also that he should he of the Privy Council."—7 Jac. I. 2^a pars f. R. 1.

Francis, Lord Aungier,—continued,—Privy Seal, Westminster, 30 March, 1625,—patent, Dublin, 16 April, 1625.—1 Charles I. 1^a pars f. R. 6.

Christopher Wandesforde,—Lord Aungier deceased, 8 Oct. 1632, æt. 70.—Privy Seal, Westminster, 4 Jan.,—patent, Dublin, 22 March, 1633.—Life. Order for inquisitions to he returned into the Rolls' Office, by Privy Signet from Windsor, dated 18 July 1636, the King ordered that all inquisitions, post mortem, &c., should he returned, not as heretofore into the Court of Wards, hut into the office of the Rolls, and the clerk there in the said office of the Rolls of the Chancery, besides the transcribing of the several inquisitions according to the wonted custom in the Exchequer, to make copies of the several offices and inquisitions so returned, and transmit the same from time to time into the Court of Wards, for the copy whereof the said clerk of the said office of the Rolls shall only receive the fee of 6d, English by the sheet.—12 Car. L 1a pars f. R. 61.

Christopher Wandesforde.—A new patent,—Privy Seal, The Manor at York, 27 April, 1639.— Patent 17 May, 1639. This recites the former patent of 22 March, 1633, and that his Majesty now, in consideration of his acceptahle services, granted and confirmed to him the said office with the said fee for life.—15 Car. I. 9^a pars f. R. 13.

The Lord Deputy and Council to Mr. Secretary Cole.—"Sir: How inconvenient it is that there is not a place set apart here for the Court of Wards, as there are for his Majesty's other Courts of Justice here, you can easily judge, the Master, Attorney, and surveyor of that court having ever since the erection thereof to this time been forced to make use of the room where his Majesty's court of Chief Place is held for their place of judicature, in all causes arising before them; by which want it comes to pass that they cannot sit so frequently as they might do, nor at all but in the afternoons, by regard the King's Bench sits there in the forenoons, by which interruptions to their frequent meetings his Majesty's service in that court, which by the industry of his ministers here begins to yield him a considerable revenue, is more hindered than in reason is fit to be suffered. The want of treasuries for his Majesty's records of his four courts here is no less inconvenient than the former, and hath been an occasion of mighty hinderance to the King and the subject, in that many records whereof great use might have been made for the profit and service of his Majesty, and for the security and advantage of the subject, have by that means been lost and embezzled, and sometimes burnt, as it happened here within these few years, the office of the Rolls being kept (as now most records here are) in the officer's house, which having taken fire, many records were therein burnt, and many more by that occasion embezzled, with extreme prejudice to his Majesty and his subjects in their several interests. The consideration whereof moved us to think of a convenient place to be set apart for these two public and necessary uses; and having caused view to be taken of a fit place, and workmen to be conferred withal, we conceive that £l,100 English will be sufficient to defray the charge of such a building; which howsoever we conceive to be a necessary work to be undertaken at his Majesty's charge, yet considering how his monies here, which we labour to husband the best we may for his honour and service, are otherwise deeply charged, we may not advise that any part of the sum of the estimate, whereupon the establishment is grounded, should be applied that way, but rather that it be left entire to answer the charge depending thereupon; howbeit, if by the endeavours of his. Majesty's Judges and officers, his Majesty's casual revenues here can be advanced beyond the medium thereof in that estimate, whereupon the establishment is grounded we conceive that out of that surplus the said £1,100 may be applied to the defraying of that charge, and therefore we entreat you to take an opportunity to move his Majesty for his gracious direction therein, unto us, which we will diligently pursue, and will labour so to order this particular, as it may be a service acceptable to his Majesty and beneficial to his subjects. And so we rest your very assured loving friends, Wentworth. From his Majesty's Castle of Dublin, 24th March, 1635.—R.Corke, R. Dillon, Wm. Caulfield, Ad. Loftus, Js. Borlase, Phil. Mainwaring, George Radcliffe."—Earl of Stafford's Letters, Vol. I. p. ult. In consequence hereof buildings were erected and finished in 1639, for the aforesaid purposes. The court of wards, &c., are now fallen and in ruins; the Rolls office still subsists (1760), but in a crazy condition, and supported by props, though much better than for many years past, being repaired at a great expense by Mr. Rigby, Master of the Rolls.

Sir John Temple, Knt.,—Wandesforde deceased,—Privy Seal, Westminster, 31 Jan.—Patent, Dublin, 20 Feb. 1640.—Life.—Fee, £l92 4s. 5¼d.—g15 Car. I 6^a pars d. R. 10.

Sir Maurice Eustace, Knt., Sergeant at Law, and Speaker of the House of Commons,—in reversion after Sir John Temple,—Privy Seal, Oxford, 22 June, 1644. Keeper or Master of the Rolls, and clerk or master of the rolls, books, writs, and records, as fully as Sir John held the same, except what gave power of judicature, which was to be excepted out of his patent.—Car. I. 24. d. R. 22.

Sir John Temple,—license to repair to England for one whole year or more,—Richard Cromwell, patent, April, 1659.—Interregnum Rolls, 8}}^a pars m. 18. f. Orders for Signet Letters to be enrolled before any orders be given thereupon; Maur. Eustace, Canc., Orrery, Mountrath.—Whereas it no less imports us than the interest of the parties concerned in any of his Majesty's Letters under the Royal Signet, directed unto and received by us, that the said Letters be with all care and safety preserved, they being our warrant, and the parties' security, for what, in obedience to his Majesty's commands, is ordered and done thereupon; we do therefore hereby order, that as his Majesty's Signet Letters shall immediately after they be entered with our Secretaries, be enrolled in his Majesty's High Court of Chancery, before any orders be given thereon, except when we shall find cause for the secresy thereof expressly to direct otherwise. Whereof all parties concerned are to take notice and act accordingly.—Given at Dublin, 3 December, 1661.—13 Car. II 1^a pars f. R. 36.

The like order was made by James, Duke of Ormond, L. L., 22 August, 1662,—2^a pars f. R. 25; and a like order by John, Lord Berkely, L. L., 8 June, 1670.—2^a pars f. R. 6.

William Temple, (after Bart.,) son and heir of said Sir John Temple,—in reversion after the deaths or surrenders of his father and Sir Maurice Eustace,—Privy Seal, Whitehall, 7 April, 1664,—patent, Dublin, 10 May, 1664,—with the same fee of £l92. 4s. 5¼d., being the accustomed fee due to the Master and Keeper of the Rolls by the establishment, by the fees of divers public officers and ministers of Ireland.—16 Car. II. 1^a pars f. R. 33. An order for Ralph Wallis, to execute the Rolls office.—Whereas his most Gracious Majesty King Charles 11. of England, &c., by his Letters Patent, bearing date at Dublin, the 10 May, in the 16th year of his reign, did grant unto Sir William Temple, Bart, by the name of William Temple, the reversion of the ministerial part of the office of Master of the Rolls of the High Court of Chancery in Ireland, to commence after the death, surrender, or other avoidance of Sir John Temple, Knt., late master of the said office; and whereas the said Sir John Temple departed this life the 14 of November, 1677, and the said Sir William Temple being now employed about his Majesty's affairs beyond the sea, so that at the present he cannot appear to execute the office, which his Grace the Lord Chancellor and Court taking into consideration, and holding it necessary that some fit person should be employed to execute the said office during his absence, it is therefore ordered by his Grace the Lord Chancellor and Court, that Ralph Wallis who lately executed the said office under the said Sir John, do take into his care and charge all the records of the said office, and is hereby authorized to execute the said office as formerly he hath done under the said Sir John Temple, for and to the use and behoof of the said Sir William Temple, until further order, he the said Ralph Wallis taking the ensuing oath;—"You shall swear, that you shall well and truly keep and preserve all his Majesty's records within and belonging to the office of the Rolls of his Majesty's High Court of Chancery in Ireland and not to suffer any of them to be embezzled or defaced, and shall render a just account for the profits thereof unto whom the right shall thereunto belong.—

Sir William Temple, Bart.,—a new appointment,—Privy Seal, Whitehall, 23 Nov. 1677.—Patent, Dublin, 8 Dec. 1677. The King having granted to Sir William Temple, Bart., (by the name of William Temple,) the Mastership of the Rolls inreversion, as above, with an exemption and reservation of all judicial power and authority with the said offices heretofore granted or used, and Sir M. Eustace and Sir J. Temple being dead, and the King having resolved to grant to Sir William Temple as well the said judicial power and authority as the ministerial power belonging to said offices, directed a patent to pass thereof to him for life; and in regard the said Sir William Temple is now employed by us as our Ambassador Extraordinary in Holland, and one of our Plenipotentiaries at the treaty of Nimeguen, so that at present we cannot allow him liberty to repair into Ireland, there to attend the execution of the said offices, we direct you to cause a license under the Great Seal to him, to be absent for three years from the death of the said Sir John Temple; and also a commission to such person or persons as you shall think fit to nominate, thereby empowering him or them to administer to the said Sir William Temple the oaths usually taken by our Master of the Rolls, and to make return thereof into our High Court of Chancery in our said kingdom; and you are also to take care that some such fit person he appointed by our High Court of Chancery in Ireland to execute the said office and place of our Clerk and Keeper of the Rolls, and to receive the profits thereof for the use of the said Sir William Temple, until he shall he sworn in the said office and offices, and shall appoint a deputy under him to execute the same. And for so doing this shall be your sufficient warrant. Whitehall, 23 Nov. 1677. Accordingly, Mr. Wallis was appointed as above, and so continued until Sir William appointed Andrew Ram his deputy, 9 April, 1678.—30 Car. II. 2^a pars f. R. 1.

The King having lately resolved to send Sir William Temple, his ambassador extraordinary into Spain, where the necessity of his Majesty's affairs might require his continuance for some time, did by letters from Whitehall, 15 Sept. 1680, direct a license of absence to he forthwith passed to him for three yrears.—32 Car. II. 1^a pars f. R. 13.

Sir William Temple appointed John Bennett, of Dublin, Gent., to he deputy clerk and keeper of the Rolls during pleasure,—11 Sept. 1685.—2 Jac. II, 2^a parsd. R. 40.

Sir William Talbot, Bart.,—Temple removed,— patent, 22 Apr. 1689.—Pleasure.—Fee £l92 4s. 5¼d.—5 James II. 1^a pan f. R. 26.

William Berkeley, (alier. Lord Berkeley, Baron of Stratton,)—Temple surrendered 29 May, 1696, by deed.—Privy Seal, Kensington, April 28,—patent, Dublin, 20 June, 1696.—Life.—8 William III. 1^a pars f. R. 34.—He appointed Charles Baldwin his deputy, 13 Jan. 1697.— 9 W. III. 1^a pars f. R, 1.

John Barrington, alias Shute, (after. Viscount Barrington, of Ardglass,)—in reversion, after William, Lord Berkeley,—Privy Seal, St. James's, 28 Feb. 1717,—patent, 5 July, 1717.—3 Geo. I. 3^a pars f. R. On the 11 May, 1725, William, Lord Berkeley, appointed Thomas Carter, of Dublin Esq., his deputy, irrevocable during his lordship's life, with a power upon any vacancy or death to appoint six clerks and examiners, and to appoint one or more deputy or deputies under him. He took possession 12 July following, and 26 Dec. 1725, appointed Christopher Caldwell, of Dublin, Esq., to be a deputy of the said William, Lord Berkeley, in the Rolls Office.—12 G. I. 1^a pars f. R. 21.

Thomas Cabteb, Esq.,—Lords Berkeley and Barrington surrendered,—Privy Seal, Hampton Court, 26 Oct. 1731,—patent, 29 Dec. 1731.—Pleasure.—5 George. II. 2^a pars f. R. 1. His deputies were Joseph Stopford, David de Limarest, Thomas Smith, and William Dean. Henry Singleton, Esq.,—Carter removed,—Privy Seal, St. James's, 11 April,—patent, 24 April, 1754.—27 George 11. 3^a pars f. R. 50. On the 13 May, 1754, he appointed John Lodge his deputy.—27. 3^a pars d. R. 41.

The Right Honourable Henry Singleton departing this life 9 Nov. 1759, the said John Lodge was appointed to execute the office of Clerk of the Rolls during the vacancy, by the following instrument.

"By the Lord Lieutenant General and General Governor of Ireland, Bedford.

"Whereas his present Majesty King George the Second did, by his letters patent under the Great Seal of Ireland, hearing date at Dublin, the 24 day of April, in the 27th year of his reign, give and grant unto the right honourable Henry Singleton, the office and place of clerk and keeper of the Rolls, books, and other records of his Majesty's High Court of Chancery in Ireland; and whereas the said Henry Singleton is now deceased, whereby the said office is become void; and whereas it is held necessary that some fit person should be employed to execute the said office until his Majesty's pleasure herein shall be made known: These are to authorize and require you to execute and exercise the said office and place of clerk imd Keeper of the Rolls, books, and other records of his Majesty's High Court of Chancery until further signification of his Majesty's pleasure."—Given at his Majesty's Castle of Dublin, 10 Nov. 1759.—By his Grace's command. R. Rigby^[1]".

⁠"To John Lodge, Clerk of the Rolls."

Richard Rigby, or Deputy,—Singleton deceased.—Privy Seal, 21 Nov. 1759,—patent, 30 Nov. 1759.—Fee £157 9s. 11d—33 George II. 2^a pars f. R. 35.—Civil affairs Book, Vol. ii. Page 45.—On the 1 of Dec. he appointed the said Mr. Lodge his Deputy, and they were both sworn together that day before the Lord Chancellor Bowes, at his house in Henrietta Street.

1761. Right Hon. Richard Rigby,—former patent determined,—Privy Seal, 11 Feb.—patent, 21 Feb.—Life, by himself or deputy.—Fee £l57 9s 11d.—Inr. 21 Feb.—1 George III. 1^a p. m. 27. f. R. 1.—All ministration of justice is excepted out of the grant Salary to be paid out of the customs, cockets, poundage, and subsidies of the city of Dublin and town of Drogheda, by the hands of the customer or collector, as out of the general revenue, as also out of the profits of the Hanaper. To keep the records, writs, and other muniments, or to entrust them to any other for whom he will be answerable; to take obligations and recognizances, and to enter them on the Rolls, to examine, swear, or commit witnesses produced, and to enrol their depositions; to have exclusive power of admitting, or removing for malversation, all solicitors; to be moreover examiner, or to appoint examinators, and to make and deliver copies of all such examinations, by commission or otherwise, as amply as the Master of the Rolls in England; enjoining the treasurer, vice treasurer, &c., upon sight of these letters patent, their exemplification or enrolment, to allow and pay all fees, wages, &c., without other writ or warrant. Tenure of the office, to him and his assigns for life. And all shall be good, valid, &c., although no express mention be made of the true yearly value, or of the certainty of the premises, or any of them, or of any other of the gifts and grants heretofore granted by, &c., or any other cause, matter, or thing to the contrary in any wise notwithstanding. An Act of indemnity by the parliament of England was passed, to enable Richard Rigby, Esq., to take in Great Britain the oath of office on account of urgent business detaining him there, limiting the time; such oath to be taken before the Barons of the Exchequer in England or any of them; the tenor of the oath to be transmitted by the Lord Chancellor of Ireland; the Baron or Barons so administering the oath to certify the same to the Lord Chancellor of Ireland, and the certificate to be filed of record in the Chancery of the said kingdom; this Act to save him from all liabilities under the 3d William and Mary, or under the Act passed in Ireland of the 2d of Anne, or under another Act, the 7th of George II., against Popish practitioners in the courts of law and equity; provided also, that he do subscribe the declaration, and take the sacrament, according to the usage of the Church of England. A certified copy of this Act is inrolled, signed by the clerks of parliament. It is accompanied by an affidavit, sworn before one of the Masters of Chancery in England, by one of the committee clerks of the House of Commons, that the above certificate is a true copy of the Act, examined with the record. Both were enrolled the 17 April, 1761.—1. 3^a p. m. 1 f. R. 3.—The Master of the Rolls appointed Mr. Francis Perry, during the absence of John Lodge, the Deputy, to attest all copies of pleadings, enrolments and other articles, hy signing the name of the Master of the Rolls,—14 Feb. 1774.—Inr. 22 Feb. 1774.—14 George III. 1^a p. m. 3 d. R. 34. By the Lord Lieutenant an order was made upon the decease of Richard Righy, (reciting that it being fit that some person should he appointed during the vacancy, to make provision for the dispatch of the ordinary business, and for the safe keeping of the Rolls, books, records, papers of the court, and to attest copies and give certificates, and to enrol grants, patents, deeds, instruments under the authority and order of the Chancellor, or Masters of the Court,) therefore appointing Francis Perry to that duty, 17 April, 1788.—Inrolled same day.—28 George III. 1^a p. m. 36 d. R. 98.

1787. William, Duke of Leinster, himself or deputy,—Richard Rigby deceased,—Privy Seal, 7 June,—patent, 24 June.—Pleasure.—Fee, £l57 9s. 11d.—Inr. 27 June, 1788.—28 G. III. 3^a p. m. 7, 8. d. R. 99.—All ministration of justice is excepted in the grant.

1798. John, Earl of Glandore, and John Joshua, Lord Carysfort, or their deputy, approveable,—Privy Seal, 15 July,—patent, 12 August,—pleasure,—Inr. 23 of Sept. 1789.—29 Geo. III. 6^a p. m. 1. 3. f. R. 105.—This grant is very specially worded; they are not called Masters of the Rolls, hut Keepers and Guardians of the Rolls, records, filacers' books, and other writings pertaining to the keeping of the Master of the Rolls' office, until his Majesty's pleasure he further known touching the said office of the Master of the Rolls, with all fees, salaries, &c.; there is no clause for the ministration of justice. There is a recital that the patent to the Duke of Leinster was revoked on the 19 June, in pursuance of a warrant upon his Majesty's Letters.

1801. Immediately after the Union by Act of Parliament this office was re-erected into a judicial one.

Sir Michael Smith, Bart., Baron of the Exchequer,—letters patent to John, Earl of Glandore and Joshua, Earl of Carysfort, revoked,—patent, Westminster, 24 June, 1801. Pat. Rolls of Chancery, England.—41 Geo. III. p. 12. No. 4.—This commission was made under the Act of Parliament passed in the session of 1801, for the better regulation of the office of Master of the Rolls in that part of the United Kingdom, and for augmenting the salary annexed to the said office. It refers to the directions in the Act. It gives all powers, rights jurisdictions, authorities &c., now or at any time appertaining to the office, or belonging thereto by virtue of the said recited Act; and further, full power to make decrees, orders, &c., in all causes depending in Chancery, subject to be discharged, reversed, or altered by the Keeper or Keepers of the Great Seal for the time being, so that no such orders or decrees be enrolled until signed by the said Keeper or Keepers; also to make orders in all mattes relating to bankrupts, subject to reversal, discharge, or alteration, as above, by the Chancellor, but no mention of his signature being necessary to their enrolment or validity; with full power to appoint a deputy or deputies for the safe keeping of the Rolls, &c.

1806. Vacatur upon the surrender, 19 June, taken by Ponsonby, C., being duly authorized in that behalf.—A pension to Sir Michael Smith of £2700 per annum for life was granted, to commence from the day he shall have resigned the office of Master of the Rolls, under the direction of an Act of Parliament passed in the fortieth year of the reign, enabling his Majesty to grant annuities to Judges and certain other law officers, upon retiring from office, under the circumstances therein mentioned.—Privy Seal, 5 June.—Patent, 20 June,—Inrolled same day.—46 George III. 6^a p. 40 R. 203.

1806. John Philpot Curran,—Sir Michael Smith resigned,—patent, Westminster, 28 June.—Good behaviour—Inrolled 3 July, 1806.—Pat. R. Ch. Eng. 46. P. 11 No. 6.

1814. Vacatur entered upon the surrender 22 Feb. 1814.—Grant of an annuity for life of £2700 to J. P. Curran, to commence from the day of his resigning his office, to be charged on the consolidated fund, in pursuance of an Act passed in the 40th of the King, enabling his Majesty to grant annuities to Judges and certain other law officers, upon their retiring from office,—P. R. L. Carlton House, 21 March, 1814,—patent, 15 April,—Inr. 16th,—2d or Numerical series, No. 14. Page 42.

1814. Sir William McMahon,—patent, 1 March,—2d or fresh Numerical series, after R. 229, George III. Roll. 11. Page 51.

1837. Right Hon. Michael O'Loghlen, Baron of the Exchequer,—Sir William McMahon deceased,—patent, 28 Jan.—7 Will. IV.

1. Secretary to the Duke of Bedford, L. L.