Chronicle of the law officers of Ireland/Prime Sergeants

by Constantine J. Smyth

SERGEANTS-AT-LAW, OR NARRATORES REGIS.

Simon Fitz Richard,—Fee, 5 marks.—12 Feb. 1326, (19.) he had a liberate of five marks for his year's fee, from 21 March, to that day twelvemonths.—Rot. Cl. 20 Edw. II. f. R. 7.

Hugh Brown,—patent, 3 Dec. 1341.—15 Edw. III.

William Petyt,—Fee, £5.—1 Jun e, 1343, he had a liberate of 17 marks, 6s. 8d., issued to Brown and Petyt, (servientes narratores noetri,) in recompense of their good and laudable service in going before the Lord Deputy in several counties of Ireland, to promulge and expedite certain affairs nearly concerning the King, and of their expenses on that occasion. And 22 Oct. 1344, the arrears of £13 15s. due to Brown, for all the time he was the King's Narrator, viz., from 3 Dec. (15.) to 3 Sept. (18.) were ordered to be paid.—18 Edw. III. f. R. 3, 6, 8, 9.

Robert de Preston.—On Monday next after the feast of St. Scholastica the Virgin, it was agreed and granted by the Lord Justice, Chancellor, and Privy Council, at Dublin, that Robert de Preston, the King's Sergeant, (Serviens Domini Regis,) for the King's benefit and profit, should accompany the Lord Justice towards the parts of Leinster and Monster, to plead and defend the pleas of the crown, and should receive 4s, a day wages for himself, and a man and horse at arms.—Rot. Cl. 32 Edw. III. f. R. 1.—And being employed in that service from 19 Feb. to 17 July, 1357, viz. 149 days, which amounted to £29 16s., he had a liberate for that sum 16 August, 1357.—And by writ, dated at Cork, 4 May, 1358, had half a year s fee, due from 20 Oct. 1357 to 20 April following.—Idem. f. R. 4.

Edmond de Bereford,—Preston Chief Justice C. P.—patent, 19 Nov. 1358.—32 Edw. III. d. R. 7.

John Tyrell,—patent, 1374.—Fee, £5,—Rot Cl. 48 Edw. III. f, R. 5, 12.—And was so in 1381.—5 Ric. II. 2^a pars f. R. 10.

Richard Plunket,—patent, 18 April, 1375.—Idem, R. 13.—And was so 18 April, 1371, (45.)—51 Edw. III. f. R. 1.

Walter Cottrell;—8 June, 1374, he had a liberate of 10 marks, in recompense of his labours and expenses in the King's service, having been appointed by patent in the time of the government of Maiuice, Earl of Kildare, and Robert de Asheton, within the counties of Wexford and Waterford, to arrest or make stay of ships, and the taking of many inquisitions, and holding sessions in that part, about which he was employed for four weeks, with eight horses, and also in company with John Keppock, Chief Justice of the King's Bench, and William de Karlell, Baron of the Exchequer, was employed to inquire of hidden treasure in the county of Wexford, for 14 days, without any allowance from the King.—Idem, R. 6.— And being appointed Narrator Regis in Munster, and the counties of Kilkenny and Wexford, by advice of the Lord Justice and Council, by reason that John Tyrell could not attend his duty in these parts, on account of the dangers of the roads, &c., and his being then employed in the other parts of Leinster, he had a liberate of 75t., due from 21 Jan. to 21 Oct 1380, viz., three quarters of a year, 12 Not. 1380.—Rot. Gl. 4, Ric If. f. R. 4.—And he had a year's fee allowed by liberate, dated at Cork, 24 Jan. 1382, due the 21.—5 Ric. II. 2^a pars f. R. 6.— He was also Narrator in 1385.— 9 Ric. 11. f. R. 1.

John Bermingham,—patent, 24 Sept. 1368.—Pleasure.—Then sworn the King's Sergeant at Law, within the counties of Dublin, Meath, Kildare, Uriel, and Cathirlagh, by order and assent of the Lord Justice and Council, with the fee of £5, as other Sergeants had received.—12 Ric. II. f. R. 8.—Continued by Henry IV.—patent, 16 Jan. 1400.—B. T. 1 Hen. IV. 1^a pars f. No. 29.

Christopher Barnewall,—patent, 20 Oct 1422.—Rot Cl. 6 Hen. VI. f. R. 3.—to the same, 22 Sept. 1430.—Another patent to the same, 22 Sept. 1430.—Behavior.—Fee, £10.—B. T. 9 Hen. VI. 4^a pars f. No. 15—A new patent, 20 June, 1432,(10.)—Pleasure. And an additional sum of £5 as he was obliged to attend all parliaments and councils at his own expense, wheresoever they were held in Ireland. B. T. 14 Hen. VI. f. R. 2.

Sir Thomas Fitz Christopher Plunket,—Barnewall appointed a Justice K. B.—patent, 8 Nov. 1434, (13,)—Swom the 10.—B. T. 14 Hen. VI. f. R. 2.

Robert Dowdall,—patent, 20 June, 1435.—Sworn 16 July.—Idem.

Edward Somerton,—patent, Westminster, 4 Feb. 1437, (15.)—Life.—Memorandum, That 17 Nov. 1440, upon consideration had at Drogheda, in the Council chamber in the house of the Friers Minors there, between the noble Lord Leon, Lord de Welles, L. L., and the Council, that he must attend at his own expense in all and singular the King's parliaments and councils, wheresoever they should be held in Ireland, and that the usual fees granted by his patent, which did not exceed £9 a year, were not sufficient to defray the said expenses, it was agreed that he should have 100s. a year additional, as recompense for his service during life, and that this concordatum should be inrolled in Chancery, and remain of record there.—Rot. Cl. 19 Hen. VI. f. R. 1.

Richard Finglas, of Waspelleston, late Chief Solicitor,—Bathe resigned and appointed Chief Justice of the Common Pleas,—patent, Hampton Court, 11 Sept. 1554.—Behaviour.—1 and 2 Philip and Mary, f. R. 3.—Queen Elizabeth, by patent, dated 17 May, 1564, granted to him the said Richard Finglas Sergeant-at-Law, in recompense of his labour, diligence, and attendance had and to be had in the Castle chamber before the Privy Council, from time to time, as often as should be requisite and fit, the yearly rent or annuity of £10 Irish, to hold from Michaelmas last during pleasure.—Fiant, 6 Eliz.

Edward Fitz Symon, of the Grange,—Finglas deceased,—patent, 21 February, 1574.—Pleasure.—Fiant, 16 Eliz.

Arthur Corye,—Fitz Symon deceased,—patent, 1 May, 1594.—Pleasure.—The patent written upon this fiant is given free, from the Great Seal, without paying any fees in respect he is one of the Queen's officers, and must take pains for her Majesty.—Fiant, 36 Eliz. f. R. 43.

Edward Loptus,—Corye deceased,—patent, 1 Nov. 1597.—Pleasure.—This patent was given free, for that the patentee is a principal ofiicer, according to the ancient custom.—39 Eliz. 2^a pars f. R. 21,

Nicholas Kerdiffe,—Loftus deceased,—patent, 8 June, 1601.—Pleasure.—He was Seneschal of the Archbishop of Dublin's liberties.—43 Eliz. d. R. 11.—Continued by James the First,—Privy Seal, Holyrood House, 28 March,—patent, 19 April, 1603.—Pleasure.—1 James I. 1^a pars d. R. 32.

John Beere,—Kerdiffe deceased,—patent, 9 Feb. 1609.—Pleasure.—6 James I. 2^a pars f. R. 4.—Former patent surrendered,—Privy Seal, 18 Oct. 1616,—patent, 22 Jan. 1617.—Pleasure.—Fee, £20 English from Michaelmas last. — 14 James I. 3^a pars d. R. 21.

John Brereton,—Beere deceased,—patent, 13 May, 1617.—Oath enrolled.—Pleasure.—15 James I. 1^a pars f. R. 21.

Sir John Brereton, Knt,—continued,—patent, 16 April, 1625.—Fee, £20 10s. English—Pleasure.—1 Charles I. 1^a pars f. R. 8.

James Barry, afterwards created Lord Santry,—Brereton deceased,—patent, 6 Oct. 1629.—Pleasure.—5 Charles I. 5^a pars f. R. 23.

Sir Maurice Eustace, Knt.,—Barry appointed 2d Baron,—patent, August, 1634,—not inrolled.

Sir Audley Mervyn, Knt.,—Eustace appointed Lord Chancellor,—Privy Seal, 20 Sept. 1660,—patent, 21 March, 1661.—Behaviour.—13 Charles II. 5^a pars d. R. 10. Harris.

Sir William Davys, Knt., Recorder of Dublin,—Mervyn deceased 24, and buried 26 Oct. 1675, at St. Werburgh's,—patent, 26 Oct. 1675.—Behaviour.—27 Charles II. 4^a pars f. R. 26. Harris.

John Osborne, 2d Sergeant,—in reversion after Davys,—Privy Seal, Whitehall, 4 August,—patent, 29 August, 1676. Behaviour.—The King having intended this office of Prime Sergeant for Mr. Osborne (who for some time had faithfully served in the office of one of the Sergeants at law) when it should become again vacant, granted it in reversion as above, and he came into possession thereof in 1680, upon Sir William Davys being made Chief Justice of the King's Bench.—28 Charles 11. 2^a pars d. R. 8.—Continued by James II.—patent, 18 March, 1685.—Pleasure.—1 James II. 1^a pars d. R. 5.

Gerald Dillon,—Osborne removed,—patent, 15 Feb. 1687.—Pleasure.—3 James, 1^a pars d. R. 3.

John Osborne,—restored,—patent, 29 Sept. 1690.—Behaviour.—2 William and Mary, 1^a pars d. R. 10.

Nehemiah Donnellan,—Osborne deceased,—Privy Seal, Kensington, 29 Dec. 1692,—patent, 8 Feb. 1693.—Pleasure.—4 William and Mary, 2^a pars f. R. 20.

Sir Thomas Packenham, Knt,—Donnellan appointed a Baron of the Exchequer,—patent, 5 Nov. 1695.—Pleasure.—7 William III. 2^a pars d. 28.—Continued by Queen Anne,—patent, 8 August, 1702.—Pleasure.—1 Anne, 2^a pars d. R. 21. Robert Saunders,—Packenham deceased,—patent, 28 Feb. 1703.—Pleasure.—1 Anne, 5^a pars d. R. 42.

William Neave,—Saunders deceased,—patent, 1 Dec. 1708.—Pleasure.—7 Anne, 1^a pars f. R. 38.

Robert Blennerhasset,—Neave resigned,—patent, 11 August, 1711.—Pleasure.—10 Anne, 1^a pars d. R. 19.

Morley Saunders,—Blennerhasset deceased,—patent, 9 Feb. 1712.—Pleasure.—10 Anne, 2^a pars d. R 55.

William Caulfield,—Saunders resigned,—patent, 8 Dec. 1714.—Pleasure.—1 George I. 2^a pars f. R. 54.

Godfrey Boate,—Caulfield appointed a Justice of the King's Bench,—patent, 13 June, 1715.—Pleasure.—1 George I. 2^a pars d. R. 50.

Robert Fitzgerald,—Boate made a Justice of the King's Bench,—patent, 23 June, 1716.—Pleasure.—2 George I. 3^a pars f. R. 18.

Francis Bernard,—Fitzgerald deceased,—patent, 26 Jan. 1724.—Pleasure.—10 George I. 2^a pars f. R. 17.

Henry Singleton,—Bernard appointed a Justice of the Common Pleas,—patent, 22 June, 1726.—Pleasure.—12 Geo. I. 2^a pars d. R. 20.—Continued 28 Oct. 1727.—Pleasure.—1 George II. 2^a pars f. R. 20.

Arthur Blennerhasset,—Singleton surrendered on his appointment to the Chief Justiceship of the Common Pleas,—patent, 14 Jan. 1742.—Pleasure.—15 George II. 2^a pars f. R. 12.

Anthony Malone,—Blennerhasset made a Justice of the King's Bench,—patent, 9 May, 1743.—Pleasure.—16 George II. 3^a pars d. R. 36.

Eaton Stannard, Recorder of Dublin,—Malone resigned,—patent, 24 Jan. 1754.—Pleasure.—27 George II. 3^a pars f. R. 18.

William Scott,—Stannard deceased,—patent, 6 Oct. 1757.—Pleasure.—31 George II. 2^A pars d. R. 17.

Thomas Tennison,—Scott appointed a Justice of the King's Bench,—patent, 27 July, 1759.—Pleasure.—33 George II. 1^a pars d. R. 28.

1761. Thomas Tennison,—continued,—Privy Seal, 31 Jan.—patent, 19 Feb.—Pleasure.—Inr. 23 Feb.—1 George III. 1^a p. m. 1. d. R. 1.

1761. John Hely Hutchison, Tennison appointed a Justice of the Common Pleas,—patent, 11 Dec.—Pleasure.—Inr. 12 Dec. 1761.—2 George III. 2^a p. m. 2. f. R. 6.

1774. James Dennis,—patent to John Hely Hutchison revoked,—patent 18 July.—Pleasure.—Inr. 18 July, 1774.—14 George III. 1^a p. m. 42. d. R. 34.

1777. Walter Hussey Burgh,—Dennis appointed Chief Baron, and created Lord Tracton,—patent, 24 July.—Pleasure.—Inr. 24 July, 1777.—17 George III. 4^a p. m. 17 d. R. 50.

1780. James Browne,—patent, to W. H. Burgh revoked,—patent, 14 June.—Pleasure.—Inr. 15 June.—20 George III. 3^a p. m. 1. d. R. 60.

1782. Walter Hussey Burgh,—Browne revoked,—patent, 1 June.—Pleasure.—Inr. 3 June, 1782.—22 George III. 3^a p. m. 32 d. R. 69.

1792. Thomas Kelly,—Walter Hussey Burgh appointed Chief Baron,—patent, 13 July.—Pleasure.—Inr. 13 July, 1782.—22 George III. 4^a p. m. 26. f. R. 70.

1784. Right Hon. John Scott,—Kelly appointed a Just. C. P.—patent, 31 Dec. 1783.—Pleasure.—Inr. 3 January, 1784.—24 George III. 1^a p. m. 24. d. R. 77.

1784. James Browne,—Scott appointed Chief Justice of the King's Bench,—patent,—21 May.—Pleasure.—Inr. 21 May, 1784.—24 George III. 3^a p. m. 23 d. R. 79.

1787. Right Hon. James Fitzgerald,—patent to James Browne revoked,—patent, 21 June.—Pleasure.—Inr. 21 June, 1787.—27 George III. 2^a p.m. 27 d. R. 95.

1799. St. George Daly,—Fitzgerald resigned,—patent, 28 Jan.—Pleasure.—Inr. 30 Jan. 1799.—39 George III. 3^a p. 4. pag. R. 164.

1801. Edmund Stanley,—Daly appointed Baron of the Exchequer,—patent, 1 July.—Pleasure.—Inr. 2 July 1801.—41 George III. 6^a p. 101. pag. R. 173.

1802. Arthur Browne,—Letters patent to Edmund Stanley revoked,—patent, 29 Dec.—Pleasure,—Inr. 2 Jan.—43 George III. 3^a p. 1 pag. R. 188.—This is the last appointment to the office of Prime Sergeant. Upon the expiration of this appointment, by the death of Arthur Browne, the office became extinct. In the memorial of the Law Officers to the Lord Lieutenant, on the subject of two reports from the Commissioners of Inquiry, it is stated that the office of Prime Sergeant was abolished in the year 1805. In that year Arthur Moore, third Sergeant, was appointed first Sergeant only, and not Prime Sergeant, taking precedence of the second Sergeant only and not thenceforth of the Attorney and Solicitor-General.

1805. Arthur Moore, late 3d Sergeant,—Privy Seal, 13 July,—patent, 25 July.—Pleasure.—Inr. 26 July, 1805.—With preaudience, place and precedence over the 2d Sergeant only.—5 George III. 4^a p. 96. pag. R. 195.

1816. William Johnson,—patent to Arthur Moore revoked on his appointment as Justice of the Common Pleas,—patent, 25 July.—Pleasure.—Inr. 27 July, 1816,—56 George III.

1817. Henry Joy,—Johnson appointed a Justice of the Common Pleas,—patent, 28 Oct.—Pleasure.—Inr. 1 Nov. 1817.—58 George III.

1822. Thomas Lefroy,—Joy, Sol.-Gen.—patent, 13 May 3 George IV.

1830, Thomas Goold,—Lefroy resigned,—patent, April,—11 George IV.

1832. Edward Pennefather,—Goold appointed a Master in Chancery.—Patent, Feb.—2 William IV.

1835. Richard Wilson Green,—patent, May 23.—5 Wm, IV.