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Simon de Ludgate (died 2 October 1302) 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
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
in the reign of King
Edward I of England Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassa ...
, who held office as
Chief Justice of the Common Pleas for Ireland 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 ...
.


Career

He was born in England, probably in Somerset. He is first heard of in 1287 as an
attorney Attorney may refer to: * Lawyer ** Attorney at law, in some jurisdictions * Attorney, one who has power of attorney * ''The Attorney'', a 2013 South Korean film See also * Attorney general, the principal legal officer of (or advisor to) a gove ...
to Gilbert de Clare, 7th Earl of Gloucester (died 1295).Ball p. 58 He visited Ireland in 1291 and returned there "on the King's business" in 1296. In 1298, being 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 ...
who was regarded as "a man experienced in Irish affairs", he was appointed Chief Justice of the Common Pleas, at the King's pleasure, in succession to Sir Robert Bagod, who was too "old and infirm" to continue in office. In 1299 he and his fellow justices of the Common Pleas heard a
lawsuit - 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 ...
brought by the notoriously corrupt
merchant A merchant is a person who trades in commodities produced by other people, especially one who trades with foreign countries. Historically, a merchant is anyone who is involved in business or trade. Merchants have operated for as long as indust ...
Geoffrey de Morton Geoffrey de Morton (died c. 1317) was a wealthy merchant and shipowner in early fourteenth-century Dublin who served as Mayor of Dublin in 1303. He acquired an unsavoury reputation for unscrupulous business methods and corruption: in particular, ...
, a future Mayor of Dublin, and his wife Matilda (or Maud) de Bree, against Matilda's former
bailiff A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
William Haleghton: the Court's decision was that William must give an account of his profits.''Close Roll 27 Edward I 28 May 1299'' Inn the same year he,
Thomas de Snyterby Thomas de Snyterby (died 1316) was an English-born Crown official, cleric and judge in Ireland, in the reign of King Edward I of England.Ball, F. Elrington ''The Judges in Ireland 1221-1921'' London John Murray 1926 pp.57-8 He was the first of sev ...
and John son of Reryth heard an action for
novel disseisin In English law, the assize of novel disseisin ("recent dispossession"; ) was an action to recover lands of which the plaintiff had been disseised, or dispossessed. It was one of the so-called "petty (possessory) assizes" established by Henry II i ...
between Richard son of Robert and Master William de la Ryvere, who was special envoy to the Gaelic clans. Judgement was given for the
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
''Patent Roll 27 Edward I'' Simon witnessed a rather routine
royal charter A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, bu ...
in 1299. In 1302 he was
Constable A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
of
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 ...
; he died on 2 October of that year.


The Countess of Pembroke's case

Two years after his death the legality of one of his judgements was questioned by King Edward I himself. The Close Roll states that the King wished the Justiciar of Ireland to be informed as to why Ludgate and his fellow judges had seized the liberty of
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 ...
from Joan de Munchensi (also known as Joan de Valence), widow of William de Valence, 1st Earl of Pembroke (Joan had received Wexford on her mother's death as her share of the great Marshal
inheritance Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...
), and whether they had complied with the King's
writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
to restore Joan to her property.''Close Roll 32 Edward I 19 October 1304'' Simon's successor as Chief Justice,
Sir Richard de Exeter Sir Richard de Exeter (died 1327) was an 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 Richard held ...
, was ordered to search the records of the Common Pleas from his time and report to the Justiciar.


Family

He was presumably the Simon de Ludgate who married Maud de Sancto Mauro (Seymour), daughter and
heir 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. Officiall ...
ess of Peter de Sancto Mauro of
Kingston Seymour Kingston Seymour is a small village and civil parish with royal status in Somerset, England. It is situated within the unitary authority of North Somerset, between Clevedon and Weston-super-Mare on the North Somerset Levels. The parish has a pop ...
,
Somerset ( en, All The People of Somerset) , locator_map = , coordinates = , region = South West England , established_date = Ancient , established_by = , preceded_by = , origin = , lord_lieutenant_office =Lord Lieutenant of Somerset , lord_ ...
, and widow of Walter de Wengham. They had a son Lawrence, who took his mother's surname. After Maud's death in 1290, there was an
inheritance Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...
dispute over Lawrence's right to succeed to his mother's estates, as her daughters by her first marriage claimed that her second marriage was bigamous, on the ground of an alleged pre-contract between Simon and a certain Maud de Shelveley. However, Lawrence duly obtained possession of his mother's lands, which passed in turn to his daughter Milicent, who married Sir John Perceval of Eastbury and had issue.


Sources

*Anderson, James ''History of the House of Ivery'' London 1742 *Ball, F. Elrington ''The Judges in Ireland 1221-1921'' London John Murray 1926 *''Calendar of the Justiciary Rolls; or Proceedings in the Court of the Justiciar of Ireland in the 28th to 31st Years of Edward I '' *Collins, Arthur ''Peerage of England'' 4th Edition London 1768 *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 *''Red Book of the Exchequer at Dublin'', published in the "Transactions of the Chronological Institute of London" 1852


Notes

{{reflist Chief justices of the Irish Common Pleas