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Hugh Canoun, or Hugh Canon (died December 1317/January 1318) was an English-born
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
in early fourteenth-century Ireland. He was a justice of the
Court of Common Pleas (Ireland) The Court of Common Pleas was one of the principal courts of common law in Ireland. It was a mirror image of the equivalent court in England. Common Pleas was one of the four courts of justice which gave the Four Courts in Dublin, which is still ...
and served as Deputy
Justiciar of Ireland The chief governor was the senior official in the Dublin Castle administration, which maintained English and British rule in Ireland from the 1170s to 1922. The chief governor was the viceroy of the English monarch (and later the British monarch) ...
.Ball p.62 As a judge he was praised for his good and faithful 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 ...
,''National Archives: Petition of Hugh Canoun (or Canon) 1316'' and as a lawyer he was known as "a man very knowledgeable about all the King's business".Hand p.93 On the other hand, his loyalty to the Crown during the Scottish Invasion of Ireland in 1315-18 was said to be extremely doubtful,Otway-Ruthven p.233 although he was saved from disgrace by his influential connections. He was
murdered Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...
by Andrew de Bermingham of Athenry in 1317/18, during the last months of the Bruce Invasion,Grace ''Annales Hiberniae'' in the course of a private feud, of which little is known.


Early career

He was a native of the parish of
Woodford, Somerset Nettlecombe is a civil parish in the English county of Somerset. The parish covers a rural area below the Brendon Hills, comprising the small hamlets of Beggearn Huish, Torre, Woodford Yarde, together with more isolated individual farms and home ...
(now Nettlecombe), where he owned a "house and close (enclosure)"; he later complained that his house had been ransacked during his long absence abroad. He was in Ireland, presumably practising law, by 1294. He was
High Sheriff of Kildare The High Sheriff of Kildare was the British Crown's judicial representative in County Kildare, Ireland from the 16th century until 1922, when the office was abolished in the new Free State and replaced by the office of Kildare County Sheriff. Th ...
in 1306, and apparently aimed to become a substantial landowner in County Kildare.


Judge

He was appointed to the Irish Court of Common Pleas (which was then usually called "the Bench") in 1308, on the nomination of
Piers Gaveston Piers Gaveston, Earl of Cornwall (c. 1284 – 19 June 1312) was an English nobleman of Gascon origin, and the favourite of Edward II of England. At a young age, Gaveston made a good impression on King Edward I, who assigned him to the househo ...
, 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 ...
and prime
Royal favourite Royal may refer to: People * Royal (name), a list of people with either the surname or given name * A member of a royal family Places United States * Royal, Arkansas, an unincorporated community * Royal, Illinois, a village * Royal, Iowa, a cit ...
. He was also made Chief
Escheator Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a ...
of Ireland in 1310''Patent Roll 4 Edward II'' and a
justice in eyre In English law, the justices in eyre were the highest magistrates, and presided over the ''court of justice-seat'', a triennial court held to punish offenders against the forest law and enquire into the state of the forest and its officers ('' eyr ...
i.e. an itinerant justice, in the same year, along with
Walter de Cusack Walter de Cusack (c.1270- 1334) was an Anglo-Irish judge, magnate and military commander of the fourteenth century.Ball pp.61-2 He was a younger son of Sir Andrew Cusack of Gerrardstown, County Meath.Burke Vol.3 pp. 86-7 They belonged to the lea ...
and David le Blond, though he seems to have sat only in County Dublin. This may have been the last Dublin eyre (circuit): the system gradually fell into disuse in Ireland from about 1280 onwards and was obsolete by 1325.Hart p.13 In any case, the Dublin eyre ended the following year after objections from the
litigants - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
that the judges were applying English law, rather than local customary law. In 1310 and again in 1311 he was hearing the
assizes The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
in
County Carlow County Carlow ( ; ga, Contae Cheatharlach) is a county located in the South-East Region of Ireland, within the province of Leinster. Carlow is the second smallest and the third least populous of Ireland's 32 traditional counties. Carlow Cou ...
.''Patent Roll 4 Edward II'' In 1311 he was "impleaded", i.e.
prosecuted A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
, at
Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Bu ...
on charges connected to the conduct of his judicial duties. He took the precaution of obtaining letters of protection from several of the leading figures in Ireland, including the Earl of Ulster and the
Justiciar of Ireland The chief governor was the senior official in the Dublin Castle administration, which maintained English and British rule in Ireland from the 1170s to 1922. The chief governor was the viceroy of the English monarch (and later the British monarch) ...
,
John Wogan Sir John Wogan (1588–1644) was a Welsh politician who sat in the House of Commons at various times between 1614 and 1644. Wogan was the son of Sir William Wogan of Wiston, Pembrokeshire, and his wife Sybil Owen, the daughter of Sir Hugh Owen of ...
, and their support resulted in the charges being dropped. He was held in high regard by his judicial colleagues, one of whom, possibly
Sir Richard de Exeter Sir Richard de Exeter (died 1327) was an Anglo-Normans, Anglo-Norman knight and baron who served as a judge in Ireland.Ball p.23 Biography The son of Richard de Exeter (his father married three times, and his mother's identity is uncertain), Sir ...
, wrote a letter describing Hugh as "the man most knowledgeable in the various kinds of business which concern the King". He resigned, or was removed, from the Court of Common Pleas in 1315, and was replaced by William of Bardfield.''Patent Roll 9 Edward II'' He was appointed a justice of the Justiciar's Court in the same year, and served as Deputy Justiciar in 1316. He was also appointed Chief Justice in Eyre.


Bruce Invasion 1315-18

During the Scottish Invasion of Ireland of 1315-18, his loyalty to the English Crown was deeply suspect. He was a supporter of
Richard Óg de Burgh, 2nd Earl of Ulster Richard Óg de Burgh, 2nd Earl of Ulster and 3rd Baron of Connaught (; ; 1259 – 29 July 1326), called The Red Earl ( Latinized to de Burgo), was one of the most powerful Irish nobles of the late 13th and early 14th centuries and father of ...
, who had shown his regard for him in 1311, when Hugh was impleaded at Westminster. Ulster's daughter
Elizabeth Elizabeth or Elisabeth may refer to: People * Elizabeth (given name), a female given name (including people with that name) * Elizabeth (biblical figure), mother of John the Baptist Ships * HMS ''Elizabeth'', several ships * ''Elisabeth'' (sch ...
had married the Scottish King,
Robert the Bruce Robert I (11 July 1274 – 7 June 1329), popularly known as Robert the Bruce (Scottish Gaelic: ''Raibeart an Bruis''), was King of Scots from 1306 to his death in 1329. One of the most renowned warriors of his generation, Robert eventual ...
, raising inevitable suspicions about her father's loyalties, although in fact the Earl opposed the Bruces, and fought for the Crown during the Invasion. In 1317 it was rumoured that Canoun had ordered his brother-in-law to guide Robert's brother
Edward Bruce Edward Bruce, Earl of Carrick ( Norman French: ; mga, Edubard a Briuis; Modern Scottish Gaelic: gd, Eideard or ; – 14 October 1318), was a younger brother of Robert the Bruce, King of Scots. He supported his brother in the 1306–1314 st ...
, who led the invading forces, through
County Kildare County Kildare ( ga, Contae Chill Dara) is a county in Ireland. It is in the province of Leinster and is part of the Eastern and Midland Region. It is named after the town of Kildare. Kildare County Council is the local authority for the county, ...
. There appears to be no firm evidence of Canoun's disloyalty to the Crown. Similar accusations were made against his colleague
Sir Richard de Exeter Sir Richard de Exeter (died 1327) was an Anglo-Normans, Anglo-Norman knight and baron who served as a judge in Ireland.Ball p.23 Biography The son of Richard de Exeter (his father married three times, and his mother's identity is uncertain), Sir ...
, 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 ...
, whose daughter had married Walter de Lacy, a known
rebel A rebel is a participant in a rebellion. Rebel or rebels may also refer to: People * Rebel (given name) * Rebel (surname) * Patriot (American Revolution), during the American Revolution * American Southerners, as a form of self-identification; s ...
and supporter of the Bruces. A
petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offici ...
asking for Exeter to be removed from office was not acted on. No proceedings were taken against Canoun, and he received a pardon in 1317 covering all his alleged acts 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 ...
. As on previous occasions, he could rely on his powerful connections for protection, but his career ended abruptly when he was murdered shortly afterwards, in a private feud with the de Berminghams of
Athenry Athenry (; ) is a town in County Galway, Ireland, which lies east of Galway city. Some of the attractions of the medieval town are its town wall, Athenry Castle, its priory and its 13th century street-plan. The town is also well known by virtu ...
.Mac Geoghegan Vol.2 p.265


Later years

In 1316 Canoun petitioned the Crown for a grant of the lands of
Rathcoffey Rathcoffey () is a village in County Kildare, Ireland, around 30 km west of Dublin city centre. It had a population of 271 as of 2016 census. The village church, Rathcoffey Church, is part of the Clane & Rathcoffey Parish, and was built in 1710 ...
, County Kildare, and also
Clane Clane (; ) is a town in County Kildare, Ireland, from Dublin. Its population of 7,280 makes it the eighth largest town in Kildare and the 66th largest in Ireland. It is on the River Liffey. Clane gives its name to the associated townland, ci ...
, Mainham and other lands in the barony of
Ikeathy and Oughterany Ikeathy and Oughterany () is a barony in County Kildare, Ireland. Etymology Ikeathy takes its name from the Uí Cheithig túath, who claimed descent from Ailill Cétach, a son of the legendary Leinster king Cathair Mór. Oughterany derives its ...
, which had reverted to the Crown on the death of Isabel, widow of Henry de Rochford. The official endorsement on the petition praised Hugh for his good and faithful service as a judge in Ireland (this was evidently before he fell under suspicion of disloyalty during the Bruce Invasion), but the relevant official, 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 ...
, clearly had doubts about the propriety of making the grant in question, since
John Wogan Sir John Wogan (1588–1644) was a Welsh politician who sat in the House of Commons at various times between 1614 and 1644. Wogan was the son of Sir William Wogan of Wiston, Pembrokeshire, and his wife Sybil Owen, the daughter of Sir Hugh Owen of ...
, the former Justiciar of Ireland, already held the lands. The grant to Wogan was confirmed shortly afterwards, and his descendants built
Rathcoffey Castle Rathcoffey Castle is a 15th century castle in Rathcoffey, County Kildare, Ireland. It is a National Monument. Location Rathcoffey Castle is located in a field east of Rathcoffey village. It lies 4.3 km (2.7 mi) north-northwest of Straffan. Buil ...
on the lands. In 1317 Hugh received a full
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 all " trespasses" committed by him, in consideration of his good services to the Crown. This is almost certainly a reference to his equivocal role during the Scots invasion.''Patent Roll 10 Edward II''


Murder

Grace's manuscript ''Annales Hiberniae'' and several other sources agree that Canoun was assassinated in late 1317 or early 1318 by Andrew de Bermingham, a younger son of Rickard de Bermingham, Lord of Athenry, as a result of a long-standing feud, of which few details survive. The murder took place between
Naas Naas ( ; ga, Nás na Ríogh or ) is the county town of County Kildare in Ireland. In 2016, it had a population of 21,393, making it the second largest town in County Kildare after Newbridge. History The name of Naas has been recorded in th ...
and Castlemartin in County Kildare. The news reached the authorities 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 ...
"at the
Feast of the Epiphany Epiphany ( ), also known as Theophany in Eastern Christian traditions, is a Christian feast day that celebrates the revelation (theophany) of God incarnate as Jesus Christ. In Western Christianity, the feast commemorates principally (but not ...
" (6 January 1318), so the killing probably occurred at the end of the previous year. De Bermingham himself was murdered a few years later, in the course of an unrelated
feud A feud , referred to in more extreme cases as a blood feud, vendetta, faida, clan war, gang war, or private war, is a long-running argument or fight, often between social groups of people, especially families or clans. Feuds begin because one part ...
with the O'Nolans family. Curiously, no action seems to have been taken against him for Canoun's murder, despite the victim's eminence.


Family

Hugh's wife was called Albreda. It is likely that they had sons, as in his petition for possession of Rathcoffey he specified that the lands should descend by
entail In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alien ...
male, i.e. to his male
heirs Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially ...
, but nothing seems to be known of them. He has been described as a figure of very considerable importance in early fourteenth-century Ireland.


Sources

*Ball, F. Elrington ''The Judges in Ireland 1221-1921'' London John Murray 1926 *Grace, James ''Annales Hiberniae'' Edited by Richard Butler; published by the
Irish Archaeological Society The Irish Archaeological Society (sometimes spelled as "Irish Archæological Society") was a learned society, founded in 1840. Among the founders was the Rev. Dr. Todd, who acted as secretary. The Irish Archaeological Society was one of the fir ...
Dublin 1842 *Hand, Geoffrey ''English Law in Ireland 1290-1324''
Cambridge University Press Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by Henry VIII of England, King Henry VIII in 1534, it is the oldest university press A university press is an academic publishing hou ...
1967 *Hart, A.R. ''A History of the King's Serjeants-at-law in Ireland'' Four Courts Press Dublin 2000 *
James Mac Geoghegan James MacGeoghegan (1702 at Uisneach, Westmeath, Ireland – 1763 at Paris) was an Irish Roman Catholic priest and historian, known in French as the Abbé Mac-Geoghegan. Life He came of the Geoghegan family long settled in Westmeath and long h ...
, Abbé (Abbé Mac-Geoghegan) ''History of Ireland, Ancient and Modern'' Paris 1738. Translated from the French by Patrick O'Kelly. Published by O'Flanagan Dublin 1831. *National Archives ''Petition of Hugh Canoun (or Canon)'' Ref. SC/8/331/15696B *Otway-Ruthven, A.J. ''A History of Medieval Ireland'' Barnes and Noble reissue New York 1993 *''Patent Rolls Edward II''


Footnotes

{{DEFAULTSORT:Canoun, Hugh People from Somerset Justices of the Irish Common Pleas Murder victims from County Kildare 13th-century Irish lawyers 14th-century Irish judges