Nicholas Nugent
Encyclopedia
Nicholas Nugent was an Irish judge, unique among the Irish judiciary in being hanged for treason. He had had a highly successful career, holding office as Solicitor General for Ireland, Baron of the Irish Court of Exchequer
, and Chief Justice of the Irish Common Pleas
, but was destroyed by the rebellion of his nephew William Nugent
, in which he was suspected of taking part.
. His father Sir Christopher Nugent (died 1531) was the son and heir of the fourth Baron Delvin; his mother was Marian St Lawrence, daughter of Nicholas St Lawrence, 4th Baron Howth
. His father predeceased his grandfather and the title passed to Nicholas' elder brother Richard, who died young in 1559 leaving two sons: Christopher Nugent
, the sixth Baron, and William.
Nicholas married Janet Plunkett, widow of Thomas Marward, titular Baron Skryne. He was given wardship of her daughter, also Janet. The younger Janet was an heiress and Nicholas wished her to marry his nephew William; the marriage did take place but only after William caused a scandal by abducting her.
Nicholas entered Lincoln's Inn
in 1558. His future rival Sir Robert Dillon
was there at the same time and their lifelong enmity seems to have begun when they were students: in 1560 they were ordered to stop fighting and bound over to keep the peace.
. His career suffered a check when he joined in the cess controversy, a concerted opposition to the taxation policies of the Lord Deputy, Sir Henry Sidney
. He was twice suspended from office in 1577–78 and twice imprisoned, but was restored to favour after making his submission. The controversy does not seem to have raised serious doubts of his loyalty, no doubt because many eminent lawyers opposed the cess, and even the Lord Chancellor of Ireland
, Sir William Gerard
, had doubts. Gerard
thought highly of Nugent and it was on his recommendation that he was made Chief Justice in 1580. Within a year however, the actions of his nephews brought about his downfall.
The loyalty of both his nephews was deeply suspect: Delvin was to die in prison awaiting trial in 1602 and while William was eventually pardoned this came too late to save his uncle. Both were suspected of supporting the rebellion of Viscount Baltinglass
, and when William was exempted from the general pardon, he took up arms. Robert Dillon, who had been passed over as Chief Justice, went to London and evidently persuaded the Crown to suspend Nicholas from office as a suspected traitor.
, saw his role and as largely military one: perhaps for this reason the highly unusual decision was taken to try Nugent for treason, in a trial which had the appearance of summary justice. The trial was heard in Trim
, rather than Dublin, allegedly for convenience, and Grey appointed a special commission to assist him , which included Dillon, his cousin Lucas Dillon, and Richard Segrave, who had replaced Nugent at the Exchequer. In contrast to the modern view that judges should come to a case without bias, these seem to have been chosen precisely because they knew Nugent personally.
While two witnesses were normally required in a treason trial, only one, John Cusack, appeared to testify that Nicholas both knew of and encouraged William's rebellion. Nugent, in a robust defence, accused Robert Dillon of having bribed Cusack, and it seems that much of the trial was taken up by Dillon defending himself against charges of misconduct. To bolster the evidence , Grey claimed that Nicholas privately confessed his guilt to Mr Waterhouse, a royal clerk. Whether or not the judges came to the trial with their minds made up, they seem to have had little doubt of the result, and Nugent was found guilty and hanged at Trim on 13 April.
A story quickly circulated that Robert Dillon, at the hanging, remarked " Friend Nugent, I am even with you now for coming between me and my place". Elrington Ball doubts the truth of the story, but as he remarks the fact that it could be told at all is a comment on the unease which the case aroused. A few years later the then Lord Deputy recommended that only English judges be appointed in Ireland, as Irish born judges decided cases purely on family or local loyalties.
for treason against Charles I
, but in no other case did the Government in Ireland execute one of its' own judges. Whether Nugent was guilty of treason, or the lesser crime of concealing treason, is difficult to say. The trial clearly aroused unease, due to the quality of the evidence and the apparent bias of the judges. Further the Crown, on the whole, had rewarded Nugent generously, and it is difficult to see what he had to gain by treason. On the other hand he and his nephew were close and it is likely enough that he knew of William's plans, whether or not he approved of them.
Court of Exchequer
Court of Exchequer may refer to:*Exchequer of Pleas, an ancient English court, that ceased to exist independently in the late nineteenth century...
, and Chief Justice of the Irish Common Pleas
Chief Justice of the Irish Common Pleas
The Chief Justice of the Common Pleas for Ireland was the senior judge of the Court of Common Pleas ,known in its early stage as the Common Bench or simply Bench, one of the senior courts of common law in Ireland. It was a mirror of the Court of Common Pleas in England...
, but was destroyed by the rebellion of his nephew William Nugent
William Nugent
William Nugent was an Irish rebel, brother of Christopher, fourteenth baron of Delvin , and the younger son of Richard Nugent, thirteenth baron Delvin, from whom he inherited the manor and castle of Ross in County Meath.-Life and politics:He first acquired notoriety in December 1573 by his...
, in which he was suspected of taking part.
Background and early career
Nicholas Nugent was born between 1525 and 1530. Like many Irish judges of the time he belonged to the Anglo-Irish aristocracy of the PaleThe Pale
The Pale or the English Pale , was the part of Ireland that was directly under the control of the English government in the late Middle Ages. It had reduced by the late 15th century to an area along the east coast stretching from Dalkey, south of Dublin, to the garrison town of Dundalk...
. His father Sir Christopher Nugent (died 1531) was the son and heir of the fourth Baron Delvin; his mother was Marian St Lawrence, daughter of Nicholas St Lawrence, 4th Baron Howth
Nicholas St Lawrence, 4th Baron Howth
Nicholas St Lawrence, 4th Baron Howth was a leading Irish soldier and statesman of the early Tudor period.-Early life:He was born about 1460, eldest son of Robert St Lawrence, 3rd Baron Howth and his first wife Alice White. His stepmother Joan Beaufort was a cousin of Henry VII to whom Nicholas...
. His father predeceased his grandfather and the title passed to Nicholas' elder brother Richard, who died young in 1559 leaving two sons: Christopher Nugent
Christopher Nugent
Sir Christopher Nugent, 6th Baron Delvin was an Irish nobleman and writer. He was arrested on suspicion of treason against Queen Elizabeth I of England, and died while in confinement before his trial had taken place....
, the sixth Baron, and William.
Nicholas married Janet Plunkett, widow of Thomas Marward, titular Baron Skryne. He was given wardship of her daughter, also Janet. The younger Janet was an heiress and Nicholas wished her to marry his nephew William; the marriage did take place but only after William caused a scandal by abducting her.
Nicholas entered Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
in 1558. His future rival Sir Robert Dillon
Robert Dillon
Robert Dillon is a screenwriter and film producer. In 1976 he was nominated by the Writers Guild of America for Best Drama Written Directly for the Screen for French Connection II. In 2001 he was nominated for an Independent Spirit Award for Best Screenplay for Waking the Dead...
was there at the same time and their lifelong enmity seems to have begun when they were students: in 1560 they were ordered to stop fighting and bound over to keep the peace.
Later career
On his return to Ireland his career advanced rapidly: he was made Solicitor General for Ireland in 1565 , elevated to the bench as Baron of the Exchequer, and recommended as Master of the Rolls in IrelandMaster of the Rolls in Ireland
The office of Master of the Rolls in Ireland originated in the office of the keeper of the Rolls in the Irish Chancery and became an office granted by letters patent in 1333. It was abolished in 1924....
. His career suffered a check when he joined in the cess controversy, a concerted opposition to the taxation policies of the Lord Deputy, Sir Henry Sidney
Henry Sidney
Sir Henry Sidney , Lord Deputy of Ireland was the eldest son of Sir William Sidney of Penshurst, a prominent politician and courtier during the reigns of Henry VIII and Edward VI, from both of whom he received extensive grants of land, including the manor of Penshurst in Kent, which became the...
. He was twice suspended from office in 1577–78 and twice imprisoned, but was restored to favour after making his submission. The controversy does not seem to have raised serious doubts of his loyalty, no doubt because many eminent lawyers opposed the cess, and even the Lord Chancellor of Ireland
Lord Chancellor of Ireland
The office of Lord Chancellor of Ireland was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801 it was also the highest political office of the Irish Parliament.-13th century:...
, Sir William Gerard
Sir William Gerard
Sir William Gerard was an Elizabethan statesman with a distinguished record of service in England, Wales and Ireland. He sat in the House of Commons for Chester for many years, and was Vice-President of the Council of Wales and the Marches...
, had doubts. Gerard
thought highly of Nugent and it was on his recommendation that he was made Chief Justice in 1580. Within a year however, the actions of his nephews brought about his downfall.
The loyalty of both his nephews was deeply suspect: Delvin was to die in prison awaiting trial in 1602 and while William was eventually pardoned this came too late to save his uncle. Both were suspected of supporting the rebellion of Viscount Baltinglass
Viscount Baltinglass
The title of Viscount Baltinglass was created twice in the Peerage of Ireland.The first creation was made on 29 June 1541 for Sir Thomas Eustace, who had been created Baron Kilcullen in September 1535. Both titles became extinct in 1585 on the death of the third viscount.The second creation was...
, and when William was exempted from the general pardon, he took up arms. Robert Dillon, who had been passed over as Chief Justice, went to London and evidently persuaded the Crown to suspend Nicholas from office as a suspected traitor.
Trial and execution
The Lord Deputy, Arthur Grey, 14th Baron Grey de WiltonArthur Grey, 14th Baron Grey de Wilton
Arthur Grey, 14th Baron Grey de Wilton was a baron in the Peerage of England, remembered mainly for his memoir of his father, and for participating in the last defence of Calais.-Life:...
, saw his role and as largely military one: perhaps for this reason the highly unusual decision was taken to try Nugent for treason, in a trial which had the appearance of summary justice. The trial was heard in Trim
Trim
Trim may refer to:* Cutting small pieces off something** Book trimming, a stage of the publishing process** Editing*** Editing a posting style in online discourse** Pruning, trimming as a form of pruning often used on trees-Places:...
, rather than Dublin, allegedly for convenience, and Grey appointed a special commission to assist him , which included Dillon, his cousin Lucas Dillon, and Richard Segrave, who had replaced Nugent at the Exchequer. In contrast to the modern view that judges should come to a case without bias, these seem to have been chosen precisely because they knew Nugent personally.
While two witnesses were normally required in a treason trial, only one, John Cusack, appeared to testify that Nicholas both knew of and encouraged William's rebellion. Nugent, in a robust defence, accused Robert Dillon of having bribed Cusack, and it seems that much of the trial was taken up by Dillon defending himself against charges of misconduct. To bolster the evidence , Grey claimed that Nicholas privately confessed his guilt to Mr Waterhouse, a royal clerk. Whether or not the judges came to the trial with their minds made up, they seem to have had little doubt of the result, and Nugent was found guilty and hanged at Trim on 13 April.
A story quickly circulated that Robert Dillon, at the hanging, remarked " Friend Nugent, I am even with you now for coming between me and my place". Elrington Ball doubts the truth of the story, but as he remarks the fact that it could be told at all is a comment on the unease which the case aroused. A few years later the then Lord Deputy recommended that only English judges be appointed in Ireland, as Irish born judges decided cases purely on family or local loyalties.
Assessment
Elrington Ball state that Nugent's fate was unique: former Irish judges were executed in London at the RestorationRestoration
Restoration may refer to:-Historical examples :* Kemmu Restoration * Restoration * Portuguese Restoration War...
for treason against Charles I
Charles I
Charles I may refer to:In Kings and Emperors:* Charles I, Holy Roman Emperor or Charlemagne * Charles I of Naples, King of Sicily * Charles I of Hungary, King of Hungary...
, but in no other case did the Government in Ireland execute one of its' own judges. Whether Nugent was guilty of treason, or the lesser crime of concealing treason, is difficult to say. The trial clearly aroused unease, due to the quality of the evidence and the apparent bias of the judges. Further the Crown, on the whole, had rewarded Nugent generously, and it is difficult to see what he had to gain by treason. On the other hand he and his nephew were close and it is likely enough that he knew of William's plans, whether or not he approved of them.