Lucas Dillon (judge)

Sir Lucas Dillon (1530–1593), also called Luke Dillon, 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. He assisted 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[]

Lucas born on 1 January 1530 at Newtown, near Trim, County Meath, eldest son of Sir Robert Dillon (died 1580) and Genet (also called Elizabeth) Barnewall.^[1] His father was Sir Robert Dillon of Newtown, Chief Justice of the Irish Common Pleas. His father's family was Old English and descended from Sir Henry Dillon who had come to Ireland with Prince John in 1185.^[2]

Lucas's mother was a younger daughter of Edward Barnewall of Crickstown.^[3] His parents had four sons and three daughters.^[4]

He heads the list of his brothers below as the eldest:

1. Lucas (1530–1592)
2. Roger, married Margaret, daughter of Richard Missett of Ballydromney^[6]
3. Thomas, married first the daughter of Walter Peppard, and secondly Margaret, daughter of Cushen and by her had Robert who married Margaret, eldest daughter of Theobald Dillon, 1st Viscount Dillon^[7]
4. John, a priest according to some, but founded families according to others^[8]

Nothing seems to be known about his sisters.

Early life[]

He entered Middle Temple 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.

First marriage and children[]

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.^[10]

Lucas and Jane had seven sons:^[10]

1. James (c. 1570 – 1641), became the 1st Earl of Roscommon in 1622^[11]
2. Henry (died 1609) of Kentstown in Meath^[12]
3. Christopher^[13]
4. Oliver^[13]
5. Alexander^[13]
6. John, either died childless^[13] or married a daughter of Sir William Sarsfield of Lucan^[14]
7. Robert^[15]

—and five daughters:^[10]

1. Genet, married Christopher Plunkett, the 9th Lord Killeeen and was the mother of Luke Plunket, 1st Earl of Fingall,^[16] Nicholas Plunkett, Patrick Plunkett, Bishop of Ardagh, Genet (known as "Jenny the Scraper" due to her parsimony), who married Richard Nugent, 1st Earl of Westmeath, and Mary, who married first James O'Ferrall and secondly Sir Richard Browne, Lord Mayor of Dublin
2. Eleanor, married Robert Rochfort of Kilbride,^[17] ancestor of the prominent Rochfort family
3. Elizabeth
4. Margaret, married John Sarsfield of Shurninges^[18]
5. Anne, married Richard Plunket of Rathmore^[19]

Career[]

He was promoted Attorney General for Ireland in the following year on 8 November 1566.^[20]

Member of Parliament[]

He sat in the Irish House of Commons as one of the two knights of the shire for Meath in the Parliament of 1568–1571.^[20]

He bought an estate at Moymet, near Trim, County Meath, on which he built Moymet Castle, now a ruin. Moymet is near the older family estate of Newtown. He later acquired lands in County Cavan. He also had a town house at Nicholas Street in Dublin. He inherited Newtown on his father's death in 1580.

Elevation to the Bench[]

In 1570 he succeeded his father-in-law James Bathe as chief baron of the Irish exchequer,^[20][21] 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 of 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[]

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 Star Chamber). He was said to be one of the few judges of real eminence in Ireland, at a time when the calibre of most of his colleagues was compared unfavourably by the Crown authorities to that of an inexperienced junior member of the English Bar.^[22] He was particularly close to Sir Henry Sidney, the Lord Deputy of Ireland, who called him "my faithful Dillon", and knighted him.^[23] 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.^[24] 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, he 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.^[25] Sidney did however express concerns about Lucas's increasing ill-health, which he feared might make him incapable of performing his duties as a judge.^[26]

Nicholas Nugent[]

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.^[27] The trial ended with the conviction and execution of Nugent, 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 1582-1583 he was restored to favour.

Second marriage[]

Lucas married secondly in 1578 Marion Sherle (or Shurle), daughter of Patrick Sherle of Shallon, County Meath and widow of Sir Christopher Barnewall of Turvey; Eleanor (or Helen), one of her many daughters by her first marriage, married her stepfather's son James Dillon.^[28] His widow died in 1607 and was buried beside her first husband in Lusk church.^[29]

Later years[]

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. He was spoken of as a likely Lord Chancellor of Ireland, although his critics said that he was too corrupt for the post.^[25] Elizabeth herself 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.^[30] 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 made Seneschal of West Kilkenny.^[25]

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.^[31] 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, not long before his own death early in 1593. The stress of defending himself against charges of corruption is said to have hastened his death, although he was in any case an old man by the standards of the time, and had been in ill health for some years.^[32]

"The tomb of the jealous man and woman"- effigies of Sir Lucas Dillon and his first wife Jane Bathe, Newtown Abbey, Trim, County Meath

Death and tomb[]

He died in 1592 in Dublin, and was buried beside his first wife Jane Bathe at Clonburn Church in Newtown, adjoining Newtown Abbey, near Trim, County Meath.^[33] Their tomb, which still exists, has the nickname "the tomb of the jealous man and woman", perhaps because the effigies of Lucas and Jane are separated by a sword of state.^[34][35]

He was succeeded in his office as chief baron of the exchequer by Sir Robert Napier.^[36]

Reputation[]

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.^[37] 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.^[38] It is significant that Queen Elizabeth, who was noted for her skill in choosing good public servants, thought highly of him.^[25]

Notes, citations, and sources[]

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