Robert de Emeldon (died 1355) was an English-born Crown official and
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 ...
who spent much of his career in
Ireland. He held several important public offices, including Attorney-General for Ireland,
Lord High Treasurer of Ireland and
Chief Baron of the Irish Exchequer.
[Ball, F. Elrington ]
The Judges in Ireland 1221-1921
' John Murray London 1926 Vol.1 p.80 He was a turbulent and violent man, who was guilty of at least one
homicide
Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
, was imprisoned for a number of serious crimes including rape and manslaughter, and had a bad reputation for
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 ...
: but he was a
royal favourite of
King Edward III and was thus able to survive temporary disgrace.
[Gilbert, Sir John ''History of the Viceroys of Ireland'' Dublin J. Duffy and Co. 1865 p.205]
Early career
He took his name from his birthplace,
Embleton, Northumberland.
[ He also had links with ]Newcastle-upon-Tyne
Newcastle upon Tyne ( RP: , ), or simply Newcastle, is a city and metropolitan borough in Tyne and Wear, England. The city is located on the River Tyne's northern bank and forms the largest part of the Tyneside built-up area. Newcastle is als ...
, as he was a cousin of Richard de Emeldon, who was five times Mayor of Newcastle between 1305 and 1332, having moved there from Embleton. Robert became parish priest of Lesbury, Northumberland in 1329.[
He was an official in the English ]Chancery
Chancery may refer to:
Offices and administration
* Chancery (diplomacy), the principal office that houses a diplomatic mission or an embassy
* Chancery (medieval office), responsible for the production of official documents
* Chancery (Scotlan ...
for many years: Gilbert states that he was a great favourite of Edward III, who had known him since childhood.[ He came to Ireland about 1335 and was appointed a prebendary in the Diocese of Clonfert. He was almost certainly a qualified ]lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
: the Chief Baron of the Irish Exchequer then did not always have legal qualifications, but the King's Attorney would certainly have been a professional advocate.
Homicide
The Patent Rolls have a terse entry for 18 January 1336:
''Pardon to Robert of Emeldon in consideration for his services to the King in Ireland for the death of Ralph de Byrton, knight, and of any consequent outlaw
An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so that anyone was legally empowered to persecute or kill them ...
ries.''
No further details of the crime or of the victim are given, although the list of charges brought against Emeldon in 1350 included at least one charge of manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
. The reference to his services to the King suggests that the Crown, even at this early stage of his career, saw him as too valuable an official to be lightly disgraced. A royal pardon was relatively easy to obtain, even for such a serious crime, and this ability of serious
criminals to evade justice seems to have become a matter of scandal only in the following century.
Later career
In 1340, Emeldon became Chancellor of the Exchequer of Ireland and a member 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 ...
. He was appointed Treasurer of Connacht in 1341, and was entrusted with the task of receiving on the Crown's behalf the profits of all lands in Connacht held by William Donn de Burgh, 3rd Earl of Ulster, who had been 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 ...
in 1333; the Earl held these lands as tenant in chief from the King. In 1346 he was rewarded for his good services to the Crown, after he accompanied the Justiciar of Ireland on a campaign against Maurice FitzGerald, 1st Earl of Desmond.[''Close Roll 20 Edward III'']
He was appointed Attorney General for Ireland (King's Attorney), a relatively new office, in March 1348[''Patent Roll 21 Edward III'' ]and Lord High Treasurer shortly afterwards.[ The vacancy in the Lord Treasurer's office arose from charges of corruption and negligence, which ultimately proved to be groundless, made against Emeldon's predecessor, John de Burnham, who was required to spend several years in England clearing his name. The main instigator of the charges was William de Barton, a disgruntled former official at the Exchequer of Ireland, who had been removed from office on the curious ground that he suffered from violent convulsions. Emeldon, unlike Barton, benefited directly from Burnham's long absence from Ireland, and although there is no firm evidence of his complicity, it is possible that he was involved in the accusations against Burnham. He was certainly an ally of Barton, and recommended him for appointment to another senior position, Chief Engrosser in the Court of Exchequer (Ireland), in 1348.][''Patent Roll 22 Edward III'' ] Emeldon himself quickly embarked on an enthusiastic career of embezzlement
Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...
and bribery
Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
.
Disgrace
In 1350 the new 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 ...
, Sir Thomas de Rokeby, launched a campaign to remove corrupt Irish Government officials, of whom the most notorious was Emeldon, who was arrested and imprisoned immediately after Rokeby's arrival in Ireland, on charges of corruption.[ In Emeldon's case "corruption" seems to have meant not only financial dishonesty in the usual sense (although there was plenty of evidence of that), but also numerous crimes of violence, including ]assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
, malicious wounding, rape, robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
and manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
.[Connolly p.63] Emeldon, instead of immediately protesting his innocence, pleaded benefit of clergy. It is likely that some of the charges were true; he had of course already been pardoned for killing Ralph de Byrton in 1336. Perhaps aware that his plea might be seen as an admission of his guilt, he quickly changed his stance. He pleaded his innocence at a hearing in the ecclesiastical court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...
of 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 announced his willingness to appear before the King personally. The matter was accordingly referred to the King and Council.
Pardon and last years
Due to the favour he enjoyed with the King, who maintained that he was a "loyal and always faithful servant", Emeldon was soon released from prison and received a second 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 ...
, despite Rokeby's protests. He became Chief Baron in 1351 and died in office in 1355. His last years apparently passed without serious incident
References
;Secondary Sources
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{{DEFAULTSORT:Emeldon, Robert de
1355 deaths
People from Embleton, Northumberland
Year of birth unknown
Chief Barons of the Irish Exchequer
Lord High Treasurers of Ireland