John Topcliffe
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John Topcliffe (died 1513) was an English-born judge who spent much of his career 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 ...
, where he held office as Chief Justice of each of the three
courts of common law A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordanc ...
in turn.Ball, F. Elrington ''The Judges in Ireland 1221-1921'' John Murray London 1926 Vol.1 p.189


Background

His family took their name from
Topcliffe, North Yorkshire Topcliffe is a village and civil parish in the Hambleton district of North Yorkshire, England. The village is situated on the River Swale, on the A167 road and close to the A168. It is about south-west of Thirsk and south of the county to ...
, a locality with which he retained close links all his life. It was John who built Topcliffe Hall, a substantial manor house which had largely disappeared by the nineteenth century,Smith, William ''The Registers of Topcliffe and Morley'' Longmans Green London 1888 p.4 and he probably died there.


Career

He qualified as a proctor (i.e. a lawyer qualified to practice in the
ecclesiastical courts 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 ...
), but little more is known of his legal career until 1494 when he was sent to Ireland as Chief Justice of the Irish Common Pleas, at the request of Sir Edward Poynings, the Lord Deputy of Ireland. This was part of a wider policy of replacing Irish judges, whose loyalty to the
Tudor dynasty The House of Tudor was a royal house of largely Welsh and English origin that held the English throne from 1485 to 1603. They descended from the Tudors of Penmynydd and Catherine of France. Tudor monarchs ruled the Kingdom of England and it ...
was suspect, with Englishmen. Two years later he served briefly as
Chief Baron of the Irish Exchequer The Chief Baron of the Irish Exchequer was the Baron ( judge) who presided over the Court of Exchequer (Ireland). The Irish Court of Exchequer was a mirror of the equivalent court in England and was one of the four courts which sat in the build ...
before becoming
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 ...
later the same year "at the King's pleasure".Smyth, Constantine Joseph ''Chronicle of the Law Officers of Ireland'' London Butterworths 1839 His
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
was renewed several times by Henry VII and he was continued in office by Henry VIII, which suggests that the Crown had great confidence in his ability. Henry VII, who was as a rule exceptionally parsimonious, ordered that his arrears of salary be paid in 1504, and Henry VIII made him a gift of £40 (equivalent to one year's salary). Payment was to be partly out of Court fees and fines, and partly out of the customs of the port of Dublin. He was also appointed Master of the
Irish Mint The Currency Centre (also known as the Irish Mint) is the mint of coins and printer of banknotes for the Central Bank of Ireland, including the euro currency. The centre is located in Sandyford, Dublin, Ireland. The centre does not print the ...
, and an officer of the Royal Household. In 1498, following the enactment of Poynings' Law, Topcliffe was sent to England to seek leave for the holding of an Irish Parliament, which was duly granted.Chrimes, S.B. ''Henry VII'' Reprinted Yale University Press 1999 p.269


Letter to Henry VIII

In 1511 Topcliffe, who was visiting England, wrote to Henry VIII about the affairs of Selskar Abbey, a house of
Augustinian Augustinian may refer to: *Augustinians, members of religious orders following the Rule of St Augustine *Augustinianism, the teachings of Augustine of Hippo and his intellectual heirs *Someone who follows Augustine of Hippo * Canons Regular of Sain ...
canons in
Wexford Wexford () is the county town of County Wexford, Ireland. Wexford lies on the south side of Wexford Harbour, the estuary of the River Slaney near the southeastern corner of the island of Ireland. The town is linked to Dublin by the M11/N11 ...
. Elrington Ball thought that the letter was worth quoting in detail, both because of the glimpse it gives us of Topcliffe's personality and because few other private papers of the Irish judiciary from this time have survived.Ball pp.112-3 Topcliffe explained that since the Abbey's foundation the canons had chosen their own prior. After the last election, however, the
Abbot Abbot is an ecclesiastical title given to the male head of a monastery in various Western religious traditions, including Christianity. The office may also be given as an honorary title to a clergyman who is not the head of a monastery. The ...
had expelled the "good blessed religious father and prior" who had been the choice of the canons and had the approval of the town authorities also. Topcliffe argued that such defiance of the wishes of the community could not be permitted, or, he warned, "the service of God will not continue". It is unknown whether or not the King replied to this letter. He certainly had no affection for Selskar Abbey, which was suppressed in 1542 during the Dissolution of the Monasteries.


Death and memorial

Topcliffe died in 1513, apparently at Topcliffe, since he was buried in the nearby church of St. Mary's,
Woodkirk Woodkirk is an ancient village between Leeds and Dewsbury, West Yorkshire, England. The parish church is a grade II listed building. It is traditionally the centre of the parish of West Ardsley, but Tingley is now a much larger settlement. ...
. His tombstone recorded his name, offices and date of death, and the usual request that the viewer prays for his soul. It was still clearly visible in 1830, but the local historian William Smith, writing in 1888, noted that renovations to the Church (which were described as "sheer vandalism" by critics) had largely obliterated it. He was married, though little appears to be known about his wife. He had one daughter and heiress Rose, who in 1512 married Richard Bunny of Bunny Hall,
Wakefield Wakefield is a cathedral city in West Yorkshire, England located on the River Calder. The city had a population of 99,251 in the 2011 census.https://www.nomisweb.co.uk/census/2011/ks101ew Census 2011 table KS101EW Usual resident population, ...
(died 1535). They had issue, including the younger Richard Bunny MP (died 1584), who was a political figure of some importance in the north of England in the reign of
Elizabeth I Elizabeth I (7 September 153324 March 1603) was List of English monarchs, Queen of England and List of Irish monarchs, Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is ...
, despite a reputation for corruption and mismanagement of Crown funds.


Character

Local historian William Smith regarded Topcliffe as "a notable personality", and there is no doubt that he enjoyed the confidence of two successive Kings of England. By contrast, Elrington Ball, who admittedly was depending on the evidence of the judge's single known letter to Henry VIII, thought him a simple and pious man, of no great legal ability or strength of character.


References

{{DEFAULTSORT:Topcliffe, John People from Hambleton District 1513 deaths 16th-century Irish judges Year of birth unknown Lords chief justice of Ireland Chief Barons of the Irish Exchequer Chief Justices of the Irish Common Pleas