Sir Gerald (or Gerard) Lowther (1589–1660) was a member of the well-known
Lowther family This article summarises the relationships between various members of the family of Lowther baronets.
*Sir Christopher Lowther
**Sir John Lowther, of Lowther (d. 1637)
*** Sir John Lowther, 1st Baronet (1605–1675)
**** John Lowther (of Hackthorpe ...
of Westmoreland. He had a distinguished judicial career in Ireland, becoming
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 ...
, although his enemies said that his success was due to his complete lack of moral principles.
Origins
He was born in
Westmorland
Westmorland (, formerly also spelt ''Westmoreland'';R. Wilkinson The British Isles, Sheet The British IslesVision of Britain/ref> is a historic county in North West England spanning the southern Lake District and the northern Dales. It had an ...
, and was undoubtedly a member of the leading landowning family of Lowther, although his exact relationship to the family is unclear. Sir Gerald Lowther senior (died 1624) and his brother Sir Lancelot Lowther, who were both High Court judges in Ireland, acknowledged him as their nephew. It is generally thought that he was the illegitimate son of their eldest brother Sir Christopher Lowther (1557–1617)
[Ball, F. Elrington ''The Judges in Ireland 1221-1921'' John Murray London 1926] in which case he should not be confused with Christopher's legitimate son Gerald, by his second wife Eleanor Musgrave. This Gerald was a professional
soldier
A soldier is a person who is a member of an army. A soldier can be a conscripted or volunteer enlisted person, a non-commissioned officer, or an officer.
Etymology
The word ''soldier'' derives from the Middle English word , from Old French ...
who joined the
Polish
Polish may refer to:
* Anything from or related to Poland, a country in Europe
* Polish language
* Poles, people from Poland or of Polish descent
* Polish chicken
*Polish brothers (Mark Polish and Michael Polish, born 1970), American twin screenwr ...
army and died fighting against the
Ottoman Empire
The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
. Sir Christopher and his brothers were the sons of
Sir Richard Lowther (1532-1607) and his wife Frances Middleton. Sir Richard's reputation for long and loyal service 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 ...
was damaged by his adherence for a time to the cause of
Mary Queen of Scots
Mary, Queen of Scots (8 December 1542 – 8 February 1587), also known as Mary Stuart or Mary I of Scotland, was Queen of Scotland from 14 December 1542 until her forced abdication in 1567.
The only surviving legitimate child of James V of Scot ...
, although he managed to avoid permanent disgrace.
Early career
Gerald matriculated from
Queen's College, Oxford
The Queen's College is a constituent college of the University of Oxford, England. The college was founded in 1341 by Robert de Eglesfield in honour of Philippa of Hainault. It is distinguished by its predominantly neoclassical architecture, ...
in 1605, entered
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...
in 1608 and was
called to the Bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
in 1616. No doubt because he had relatives on the Irish Bench, he was called to the
Irish Bar
The Bar of Ireland ( ga, Barra na hÉireann) is the professional association of barristers for Ireland, with over 2,000 members. It is based in the Law Library, with premises in Dublin and Cork. It is governed by the General Council of the Ba ...
three years later.
The Lowthers were supporters of the "Great Earl",
Richard Boyle, 1st Earl of Cork
Richard Boyle, 1st Earl of Cork (13 October 1566 – 15 September 1643), also known as the Great Earl of Cork, was an English politician who served as Lord Treasurer of the Kingdom of Ireland.
Lord Cork was an important figure in the continuing ...
, the dominant Irish magnate of his time, and ties were strengthened when in 1621 Gerald married Anne Parsons, daughter of Sir Lawrence Parsons, the Earl's legal adviser. Gerald succeeded to the role of legal adviser to the Earl, and followed his father-in-law as Attorney-General for Munster in 1621 and to the bench as Baron of the
Court of Exchequer (Ireland)
The Court of Exchequer (Ireland) or the Irish Exchequer of Pleas, was one of the senior courts of common law in Ireland. It was the mirror image of the equivalent court in England. The Court of Exchequer was one of the four royal courts of justic ...
in 1628. He was
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 ...
in 1631. He became a substantial landowner, with his main estates in
County Wexford
County Wexford ( ga, Contae Loch Garman) is a county in Ireland. It is in the province of Leinster and is part of the Southern Region. Named after the town of Wexford, it was based on the historic Gaelic territory of Hy Kinsella (''Uí Ceinns ...
and
County Fermanagh
County Fermanagh ( ; ) is one of the thirty-two counties of Ireland, one of the nine counties of Ulster and one of the six counties of Northern Ireland.
The county covers an area of 1,691 km2 (653 sq mi) and has a population of 61,805 a ...
. He lived mainly at
Oxmantown
Oxmantown was a suburb on the opposite bank of the Liffey from Dublin, in what is now the city's Northside. It was founded in the 12th century by Vikings or " Ostmen" who had migrated out of Dublin after the arrival of the English, and was origi ...
near
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 ...
. He accumulated money as well as land, and was able to lend
James Butler, 1st Duke of Ormonde
Lieutenant-General James FitzThomas Butler, 1st Duke of Ormond, KG, PC (19 October 1610 – 21 July 1688), was a statesman and soldier, known as Earl of Ormond from 1634 to 1642 and Marquess of Ormond from 1642 to 1661. Following the failur ...
, £1000, a very substantial amount in the seventeenth century.
In 1633
Dominick Sarsfield, 1st Viscount Sarsfield
Dominick Sarsfield, 1st Viscount Sarsfield of Kilmallock (c. 15701636) was an Irish peer and judge who became Chief Justice of the Irish Common Pleas, but was removed from office for corruption and died in disgrace.
Early history
Dominick Sarsfie ...
, the Chief Justice of Common Pleas, was removed from office for corruption, and the Earl of Cork is said to have paid a thousand pounds to secure the place for Lowther. As
Thomas Wentworth, 1st Earl of Strafford
Thomas Wentworth, 1st Earl of Strafford, (13 April 1593 ( N.S.)12 May 1641), was an English statesman and a major figure in the period leading up to the English Civil War. He served in Parliament and was a supporter of King Charles I. From 1 ...
, the
Lord Lieutenant of Ireland
Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the Kingdo ...
, assumed complete control of the Irish administration Lowther, despite the increasing hostility between Strafford and the Earl of Cork, became one of Strafford's chief assistants, and largely broke his ties with Lord Cork.
[
]
Downfall of Lord Chancellor Loftus
During the protracted struggle for political supremacy between Strafford and Adam Loftus, 1st Viscount Loftus
Adam Loftus, 1st Viscount Loftus (c. 1568–1643), was Lord Chancellor of Ireland from 1619 and from 1622 raised to the peerage of Ireland as Viscount Loftus of Ely, King's County. His uncle, another Adam Loftus, was both Lord Chancellor of Irela ...
, the Lord Chancellor of Ireland
The Lord High Chancellor of Ireland (commonly known as 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 ...
, Lowther and his fellow Chief Justices, as members of the Privy Council of Ireland
His or Her Majesty's Privy Council in Ireland, commonly called the Privy Council of Ireland, Irish Privy Council, or in earlier centuries the Irish Council, was the institution within the Dublin Castle administration which exercised formal executi ...
, gave their full support to Strafford, and Loftus was removed from office and imprisoned. On being released Loftus went to London to appeal to King Charles I Charles I may refer to:
Kings and emperors
* Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings
* Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily
* Charles I of ...
for his reinstatement. Lowther accompanied Strafford there to argue the opposing case, which he did with such skill that Strafford said: ''I shall be beholden to you as long as I live''.[
]
Civil War
The attainder
In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditar ...
and execution of Strafford in May 1641 led to Lowther, recognised as one of his staunchest adherents, along with the Lord Chancellor Sir Richard Bolton, being impeached
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
by the Irish Parliament; Strafford in his last days is said to have interceded for them with the King. Lowther was soon acquitted of treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
and released from custody, and thereafter he played a careful double game in politics. He was restored to the Council, and attended the King at Oxford
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
in connection with the negotiations with the Confederates in 1644, although his noted antipathy to the Confederates limited his usefulness. In 1646 he was sent to London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
to negotiate with Parliament for the relief of Dublin and soon afterwards he abandoned the Royalist cause. In 1647 he assured Parliament of his loyalty and acted as receiver of delinquents' estates. He returned to Ireland in 1651 and acted as president of the High Court of Justice 1652-4; at the trial for treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
of the Confederate leader Sir Phelim O'Neill
Sir Phelim Roe O'Neill of Kinard ( Irish: ''Sir Féilim Rua Ó Néill na Ceann Ard''; 1604–1653) was an Irish politician and soldier who started the Irish rebellion in Ulster on 23 October 1641. He joined the Irish Catholic Confederat ...
it was noted that he referred to Charles II simply as "Charles Stuart".[ In 1655, on account of his long experience, he was made Chief Justice of the Lower Bench (in effect the same office he had previously held) and a ]Commissioner of the Great Seal
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
, and was much in favour with Henry Cromwell
Henry Cromwell (20 January 1628 – 23 March 1674) was the fourth son of Oliver Cromwell and Elizabeth Bourchier, and an important figure in the Parliamentarian regime in Ireland.
Biography Early life
Henry Cromwell – the fourth son of Oli ...
.
Death
At the Restoration
Restoration is the act of restoring something to its original state and may refer to:
* Conservation and restoration of cultural heritage
** Audio restoration
** Film restoration
** Image restoration
** Textile restoration
* Restoration ecology
...
, those judges who had served under the Commonwealth were generally treated with leniency, and some of them even retained office. In the event it was not necessary for the new Government to take any decision on Lowther's future: he was old and unwell, and died in the spring of 1660. He was buried in St. Michan's Church.
Family
Lowther married firstly Anne Parsons, daughter of Sir Lawrence Parsons Laurence or Lawrence Parsons may refer to:
* Laurence Parsons, 1st Earl of Rosse (1749–1807), Irish peer and politician
* Lawrence Parsons, 2nd Earl of Rosse (1758–1841), Irish peer
* Lawrence Parsons, 4th Earl of Rosse (1840–1908), Irish pee ...
of Birr Castle
Birr Castle (Irish: ''Caisleán Bhiorra'') is a large castle in the town of Birr in County Offaly, Ireland. It is the home of the 7th Earl of Rosse and his family, and as such the residential areas of the castle are not open to the public ...
, the judge of Irish Admiralty Court
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences.
Admiralty courts in the United Kingdom England and Wales
Scotland
The Scottish court's earliest ...
and Baron of the Court of Exchequer (Ireland)
The Court of Exchequer (Ireland) or the Irish Exchequer of Pleas, was one of the senior courts of common law in Ireland. It was the mirror image of the equivalent court in England. The Court of Exchequer was one of the four royal courts of justic ...
and his wife Anne Malham; she died in 1634. Lowther and Parsons had close ties: each served as MP for Tallow, as Attorney General for Munster and as a Baron of the Exchequer, and both were clients of the Earl of Cork. He remained on good terms with Anne's family after her death: her mother, who died in 1646, appointed him one of the executors
An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used.
Overview
An executor is a legal term referring to a person named by the maker of a ...
of her will
Will may refer to:
Common meanings
* Will and testament, instructions for the disposition of one's property after death
* Will (philosophy), or willpower
* Will (sociology)
* Will, volition (psychology)
* Will, a modal verb - see Shall and will
...
, and left legacies to him and his second wife.[Sir William Betham ''Index to the Prerogative Wills of Ireland 1536-1810'' Dublin E. Ponsonby 1897]
He was remarried the following year to Margaret King, daughter of Sir John King of Boyle Abbey
Boyle Abbey ( ga, Mainistir na Búille) is a ruined Cistercian friary located in Boyle, County Roscommon, Ireland. It was founded by Saint Malachy in the 12th century.
History
In the 12th century, Saint Malachy became aware of two new mona ...
, MP for Roscommon
Roscommon (; ) is the county town and the largest town in County Roscommon in Ireland. It is roughly in the centre of Ireland, near the meeting of the N60, N61 and N63 roads.
The name Roscommon is derived from Coman mac Faelchon who built ...
and Clerk of the Crown and Hanaper
The Clerk of the Crown and Hanaper was a civil servant within the Irish Chancery in the Dublin Castle administration. His duties corresponded to the offices of Clerk of the Crown and Clerk of the Hanaper in the English Chancery. Latterly, the o ...
, and his wife Catherine Drury, daughter of Robert Drury, and grand-niece of Sir William Drury
Sir William Drury (2 October 152713 October 1579) was an English statesman and soldier.
Family
William Drury, born at Hawstead in Suffolk on 2 October 1527, was the third son of Sir Robert Drury (c. 1503–1577) of Hedgerley, Buckinghamshi ...
, President of Munster
The post of Lord President of Munster was the most important office in the English government of the Irish province of Munster from its introduction in the Elizabethan era for a century, to 1672, a period including the Desmond Rebellions in Munste ...
. Margaret was a sister of Sir Robert King of Boyle Abbey
Boyle Abbey ( ga, Mainistir na Búille) is a ruined Cistercian friary located in Boyle, County Roscommon, Ireland. It was founded by Saint Malachy in the 12th century.
History
In the 12th century, Saint Malachy became aware of two new mona ...
, the poet Edward King (the subject of ''Lycidas
"Lycidas" () is a poem by John Milton, written in 1637 as a pastoral elegy. It first appeared in a 1638 collection of elegies, ''Justa Edouardo King Naufrago'', dedicated to the memory of Edward King, a friend of Milton at Cambridge who drown ...
'' by John Milton
John Milton (9 December 1608 – 8 November 1674) was an English poet and intellectual. His 1667 epic poem '' Paradise Lost'', written in blank verse and including over ten chapters, was written in a time of immense religious flux and political ...
) and the writer Dorothy Durie
Dorothy Durie or Dorothy Dury (1613–1664), born Dorothy King, first married name Dorothy Moore (c.1618–1645), was an Anglo-Irish writer on education. She had a talent for languages and she was interested in the education of women, in alchemy a ...
. Like her sisters, Dorothy and Mary, Lady Charlemont, Margaret is said to have been a woman of considerable learning. She died in 1658.
A son was born to his first marriage but must have died young since historians agree that he had no surviving issue.
Character
Lowther was a gifted lawyer and a shrewd and adaptable politician, but historians, in general, have had little good to say of him. O'Flanagan calls him "a most unprincipled man". Smyth says "He acquired a large landed property by steering with unprincipled craft through the boisterous ocean of contemporary troubles". Wedgwood
Wedgwood is an English fine china, porcelain and luxury accessories manufacturer that was founded on 1 May 1759 by the potter and entrepreneur Josiah Wedgwood and was first incorporated in 1895 as Josiah Wedgwood and Sons Ltd. It was rapid ...
, on the other hand, states that while he may have owed his rise to high office to patronage and a certain lack of scruples, he was well qualified by legal ability and strength of character for it.[Wedgwood, C.V. ''Thomas Wentworth, 1st Earl of Strafford 1593-1641-a Revaluation'' Phoenix Press reissue 2000 p.143]
See also
* Lowther Baronets
* Richard Lowther (1532-1608)
References
{{DEFAULTSORT:Lowther, Gerard
1589 births
1660 deaths
People from Westmorland
Members of Gray's Inn
Irish MPs 1613–1615
Chief Justices of the Irish Common Pleas
Members of the Privy Council of Ireland
Kingdom of England people in the Kingdom of Ireland