Elias De Asshebournham
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Sir Elias de Asshebournham, or Ellis de Ashbourne (c.1290-1357/8) was an Irish judge who held the office of
Lord Chief Justice of Ireland The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The Lord Chief Justice was the most senior judge i ...
, and fought a long battle with a rival candidate,
Thomas Louth Thomas Louth, or Thomas de Luda (died after 1338) was an English-born judge who spent much of his career in Ireland. He was notable for his long and ultimately unsuccessful struggle with Elias de Asshebournham for the office of Lord Chief Justic ...
, to retain it. Despite frequent allegations of corruption, for many years he retained the confidence of the English Crown.


Early life

He was born in
Dublin Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
, son of Roger de Asshebournham or Ashbourne, Provost of Dublin and
Serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are writ ...
, who was highly praised for his services to the
English Crown This list of kings and reigning queens of the Kingdom of England begins with Alfred the Great, who initially ruled Wessex, one of the seven Anglo-Saxon kingdoms which later made up modern England. Alfred styled himself King of the Anglo-Sax ...
. Elias lived for some years at
Mears Ashby Mears Ashby is a village in the county of Northamptonshire, England. It lies between the county town of Northampton and Wellingborough and was in the West ward of borough council of Wellingborough area which also included Sywell prior to loca ...
in
Northamptonshire Northamptonshire (; abbreviated Northants.) is a county in the East Midlands of England. In 2015, it had a population of 723,000. The county is administered by two unitary authorities: North Northamptonshire and West Northamptonshire. It is ...
, where he acquired a reputation for violence which stayed with him throughout his life. He obtained custody of the manor of Mears Ashby in 1319.Ball p.68 In 1312 he received a
royal pardon In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal preroga ...
for unspecified offences which he had committed in Northamptonshire: these were probably connected with a long-standing feud with the neighbouring FitzWarin family, whose lands and manors he was accused of burning and despoiling. He clearly did not become a reformed character on his return to Ireland in 1311, and later received a further royal pardon for a savage and unprovoked attack on a passing stranger while he was on his way to Dublin. He spent some time in the household of John Hotham,
Bishop of Ely The Bishop of Ely is the ordinary of the Church of England Diocese of Ely in the Province of Canterbury. The diocese roughly covers the county of Cambridgeshire (with the exception of the Soke of Peterborough), together with a section of nort ...
, whose early career had been spent in Ireland. He accompanied Hotham to the
Papal Court The papal household or pontifical household (usually not capitalized in the media and other nonofficial use, ), called until 1968 the Papal Court (''Aula Pontificia''), consists of dignitaries who assist the pope in carrying out particular ceremoni ...
at
Avignon Avignon (, ; ; oc, Avinhon, label=Provençal dialect, Provençal or , ; la, Avenio) is the Prefectures in France, prefecture of the Vaucluse Departments of France, department in the Provence-Alpes-Côte d'Azur Regions of France, region of So ...
in 1316, the mission being concerned largely with Irish Church affairs. He later became a royal servant, and was described as "the King's yeoman": he visited Ireland on the King's business in 1326, apparently in connection with the charges of
corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
then pending against
Alexander de Bicknor Alexander de Bicknor (1260s? – 14 July 1349; usually spelt "Bykenore" in original Middle English sources) was an official in the Plantagenet kingdom under Edward I of England, Edward II of England, and Edward III of England. Best known to histor ...
, the
Archbishop of Dublin The Archbishop of Dublin is an archepiscopal title which takes its name after Dublin, Ireland. Since the Reformation, there have been parallel apostolic successions to the title: one in the Catholic Church and the other in the Church of Irelan ...
, and
Walter de Islip Walter de Islip, or de Istlep (died after 1342) was an English-born cleric, statesman, and judge in fourteenth-century Ireland. He was the first Chief Baron of the Irish Exchequer; he also held the offices of Treasurer of Ireland, Chief Escheator ...
, the
Lord Treasurer of Ireland The Lord High Treasurer of Ireland was the head of the Exchequer of Ireland, chief financial officer of the Kingdom of Ireland. The designation ''High'' was added in 1695. After the Acts of Union 1800 created the United Kingdom of Great Britain a ...
. He received recognition for his own and his father's services to the Crown, and was later
knighted A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...
. He became
Seneschal The word ''seneschal'' () can have several different meanings, all of which reflect certain types of supervising or administering in a historic context. Most commonly, a seneschal was a senior position filled by a court appointment within a royal, ...
of
Swords A sword is a cutting and/or thrusting weapon. Sword, Swords, or The Sword may also refer to: Places * Swords, Dublin, a large suburban town in the Irish capital * Swords, Georgia, a community in the United States * Sword Beach, code name for ...
and
Finglas Finglas (; ) is a northwestern outer suburb of Dublin, Ireland. It lies close to Junction 5 of the M50 motorway, and the N2 road. Nearby suburbs include Glasnevin and Ballymun; Dublin Airport is to the north. Finglas lies mainly in the posta ...
, and Marshal of the eyre of
County Meath County Meath (; gle, Contae na Mí or simply ) is a county in the Eastern and Midland Region of Ireland, within the province of Leinster. It is bordered by Dublin to the southeast, Louth to the northeast, Kildare to the south, Offaly to the sou ...
.Ball p.69


Judge

In 1327 he was appointed second justice of the
Court of King's Bench (Ireland) The Court of King's Bench (of Queen's Bench when the sovereign was female, and formerly of Chief Place or Chief Pleas) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The King's Be ...
, with a salary of 40 marks a year. In 1330 he was made Lord Chief Justice, but soon began a lengthy struggle with Thomas Louth who also claimed the right to hold the office of Chief Justice: the two men replaced each other so often that there is considerable confusion as to who was acting as Chief Justice at any given time. It is known that the
English Crown This list of kings and reigning queens of the Kingdom of England begins with Alfred the Great, who initially ruled Wessex, one of the seven Anglo-Saxon kingdoms which later made up modern England. Alfred styled himself King of the Anglo-Sax ...
had concerns about the poor quality of the Irish-born judges, so that Louth, as an Englishman, should have had the advantage in the contest; but Elias, a royal servant of long standing, also had influence at Court and was ultimately confirmed in office in 1338.


Disgrace

He resigned from office as Lord Chief Justice in 1341. He was appointed constable of
Arklow Arklow (; ; , ) is a town in County Wicklow on the southeast coast of Ireland. The town is overlooked by Ballymoyle Hill. It was founded by the Vikings in the ninth century. Arklow was the site of one of the bloodiest battles of the 1798 re ...
Castle, but subsequently quarrelled with
Edward III Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring r ...
, who, despite Elias's long service to the Crown, had become disillusioned with his greed and corruption. He was imprisoned for a time in
Dublin Castle Dublin Castle ( ga, Caisleán Bhaile Átha Cliath) is a former Motte-and-bailey castle and current Irish government complex and conference centre. It was chosen for its position at the highest point of central Dublin. Until 1922 it was the se ...
and suffered forfeiture of his chattels, and his lands at Stackallen, County Meath. There seems to have been a proposal to send him to England to face trial there, to which he strongly objected, arguing forcefully that if the offences he was charged with had been committed in Ireland, as they clearly had, then only an Irish
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
was competent to try him. His disgrace was not permanent, and he was a free man again by 1346. He did not recover Stackallen, which remained in the Crown's hands until 1410, when it was regranted to
John Fitzadam John Fitzadam (died c.1419) was an Irish judge of the late fourteenth and early fifteenth century. He is notable for his very long tenure as Chief Justice of the Irish Common Pleas; he held the office for twenty-three years, in the reigns of three ...
, the
Chief Justice of the Irish Common Pleas The chief justice of the Common Pleas for Ireland was the presiding judge of the Court of Common Pleas in Ireland, which was known in its early years as the Court of Common Bench, or simply as "the Bench", or "the Dublin bench". It was one of the s ...
, in consideration of his long and faithful service to the Crown.


Death and family

He was still alive in 1353: he died in relative obscurity in 1357 or 1358. He endowed five
chaplains A chaplain is, traditionally, a cleric (such as a minister, priest, pastor, rabbi, purohit, or imam), or a lay representative of a religious tradition, attached to a secular institution (such as a hospital, prison, military unit, intelligence ...
in Saint Laud's Chapel,
Christ Church Cathedral, Dublin Christ Church Cathedral, more formally The Cathedral of the Holy Trinity, is the cathedral of the United Dioceses of Dublin and Glendalough and the cathedral of the ecclesiastical province of the United Provinces of Dublin and Cashel in the ( ...
. His wife was named Elizabeth: they had three children, including Thomas and Anne, who married Robert Luttrell of
Luttrellstown Luttrellstown Castle Luttrellstown Castle, dating from the early 15th century (c. 1420), is located in Clonsilla on the outskirts of Dublin, Ireland. It has been owned variously by the eponymous and notorious Luttrell family, by the bookseller ...
. He owned an estate called Colcott, which is thought to have been part of modern-day Simmonscourt, County Dublin.Ball, F. Elrington ''History of Dublin'' Vol.2 1903 Alexander Thom and Co p.31 In 1358 his son Thomas petitioned the Crown for restoration of his father's estates, which had reverted to the Crown on his death.''Close Roll 32 Edward III''


References

{{DEFAULTSORT:Asshebournham, Elias de Lawyers from Dublin (city) 14th-century Irish judges Lords chief justice of Ireland