Philip Bermingham (c.1420–1490) was an Irish judge who held the office of

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 i ...

. He was regarded as "the most learned Irish lawyer of his time", but he had a somewhat turbulent political career and was twice accused 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 ...

Background

He belonged to a junior branch of the great

Anglo-Irish Anglo-Irish people () denotes an ethnic, social and religious grouping who are mostly the descendants and successors of the English Protestant Ascendancy in Ireland. They mostly belong to the Anglican Church of Ireland, which was the establis ...

dynasty of Bermingham, which held the titles

Earl of Louth Earl () is a rank of the nobility in the United Kingdom. The title originates in the Old English word ''eorl'', meaning "a man of noble birth or rank". The word is cognate with the Scandinavian form ''jarl'', and meant "chieftain", particular ...

and

Baron Athenry Baron Athenry is one of the oldest titles in the Peerage of Ireland, but the date of its creation is thoroughly uncertain; each of the first four Berminghams listed below is claimed by some writers to have been Lord Athenry, but the evidence is di ...

. He was probably the grandson of John Bermyngham, judge of the

Court of King's Bench (Ireland) The Court of King's Bench (of Queen's Bench when the sovereign was female, and formerly of Chief Place or Chief Pleas) 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 King's Be ...

, who died in 1415. Patrick Bermingham, a later Chief Justice, was his cousin. Little seems to be known of his own parents.

Career

He is first heard of during the

Wars of the Roses The Wars of the Roses (1455–1487), known at the time and for more than a century after as the Civil Wars, were a series of civil wars fought over control of the English throne in the mid-to-late fifteenth century. These wars were fought bet ...

, when he was acting as legal adviser to

James Butler, 5th Earl of Ormonde James Butler, 5th Earl of Ormond, Earl of Wiltshire (24 November 1420 – 1 May 1461) was an Anglo-Irish nobleman and soldier. Butler was a staunch Lancastrian and supporter of Queen consort Margaret of Anjou during the Wars of the Roses. H ...

, who was a staunch supporter of the

House of Lancaster The House of Lancaster was a cadet branch of the royal House of Plantagenet. The first house was created when King Henry III of England created the Earldom of Lancasterfrom which the house was namedfor his second son Edmund Crouchback in 126 ...

. Ormonde was executed by the rival

dynasty A dynasty is a sequence of rulers from the same family,''Oxford English Dictionary'', "dynasty, ''n''." Oxford University Press (Oxford), 1897. usually in the context of a monarchical system, but sometimes also appearing in republics. A ...

, the

House of York The House of York was a cadet branch of the English royal House of Plantagenet. Three of its members became kings of England in the late 15th century. The House of York descended in the male line from Edmund of Langley, 1st Duke of York, ...

, after their decisive victory at the

Battle of Towton The Battle of Towton took place on 29 March 1461 during the Wars of the Roses, near Towton in North Yorkshire, and "has the dubious distinction of being probably the largest and bloodiest battle on English soil". Fought for ten hours between a ...

in March 1461, and Bermingham himself was condemned to death as a

traitor 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 ...

in 1462. He soon received a

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 ...

and, under the tolerant regime of the new Yorkist King

Edward IV Edward IV (28 April 1442 – 9 April 1483) was King of England from 4 March 1461 to 3 October 1470, then again from 11 April 1471 until his death in 1483. He was a central figure in the Wars of the Roses, a series of civil wars in England ...

, his Lancastrian past was not held against him. He became King's Serjeant in Ireland in 1463; the following year he was nominated as

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 ...

but for unknown reasons did not take up that office. He held lands in

County Louth County Louth ( ; ga, An Lú) is a coastal county in the Eastern and Midland Region of Ireland, within the province of Leinster. Louth is bordered by the counties of Meath to the south, Monaghan to the west, Armagh to the north and Down to the ...

, and also at

Dunshaughlin Dunshaughlin ( or locally ) is a town in County Meath, Ireland. A commuter town for nearby Dublin, Dunshaughlin more than tripled in population (from 1,275 to 4,035 inhabitants) between the 1991 and 2016 censuses. History Foundation Dunshaugh ...

County Meath County Meath (; gle, Contae na Mí or simply ) is a county in the Eastern and Midland Region of Ireland, within the province of Leinster. It is bordered by Dublin to the southeast, Louth to the northeast, Kildare to the south, Offaly to the sou ...

where he helped found a

chantry A chantry is an ecclesiastical term that may have either of two related meanings: # a chantry service, a Christian liturgy of prayers for the dead, which historically was an obiit, or # a chantry chapel, a building on private land, or an area in ...

. In 1474 he was appointed Lord Chief Justice of Ireland. His predecessor, John Chevir, whose wife was a Bermingham, left part of his estate to him. In 1478 he was described as one of those "men of influence" who opposed the new

Lord Deputy of Ireland The Lord Deputy was the representative of the monarch and head of the Irish executive (government), executive under English rule, during the Lordship of Ireland and then the Kingdom of Ireland. He deputised prior to 1523 for the Viceroy of Ireland ...

, Henry, Lord Grey of Codnor. Bermingham and his allies entirely frustrated Grey's efforts to establish his authority in Ireland, leading to his recall to England.

Readings in the law

At a time when there was no formal training for law students 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 ...

, Bermingham was one of a number of senior judges who provided a rudimentary legal education for those students who would later go on to one of the English

Inns of Court The Inns of Court in London are the professional associations for barristers in England and Wales. There are four Inns of Court – Gray's Inn, Lincoln's Inn, Inner Temple and Middle Temple. All barristers must belong to one of them. They have ...

. Many years later Sir William Darcy, the Vice-Treasurer of Ireland, recalled that in 1482-3 he had been one of a number of students who read the leading English legal texts with John Estrete, Deputy to the

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 buildin ...

, and studied

Law French Law French ( nrf, Louai Français, enm, Lawe Frensch) is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, be ...

(necessary for pleading in Court), while during the holidays Bermingham taught them dancing and the

harp The harp is a stringed musical instrument that has a number of individual strings running at an angle to its soundboard; the strings are plucked with the fingers. Harps can be made and played in various ways, standing or sitting, and in orche ...

(these activities were not simply for recreation but formed part of a young lawyer's education). Nicholas Sutton, 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 ...

, who died young in 1478, thought highly enough of him to leave his own family in Bermingham's care.

Later years

He was continued in office by

Richard III Richard III (2 October 145222 August 1485) was King of England and Lord of Ireland from 26 June 1483 until his death in 1485. He was the last king of the House of York and the last of the Plantagenet dynasty. His defeat and death at the Battl ...

and Henry VII. Like nearly all the Anglo-Irish nobility he made the mistake of supporting the

pretender A pretender is someone who claims to be the rightful ruler of a country although not recognized as such by the current government. The term is often used to suggest that a claim is not legitimate.Curley Jr., Walter J. P. ''Monarchs-in-Waiting'' ...

Lambert Simnel Lambert Simnel (c. 1477 – after 1534) was a pretender to the throne of England. In 1487, his claim to be Edward Plantagenet, 17th Earl of Warwick, threatened the newly established reign of Henry VII (1485–1509). Simnel became the f ...

, and faced charges of treason after the ruin of Simnel's cause at the

Battle of Stoke Field The Battle of Stoke Field on 16 June 1487 may be considered the last battle of the Wars of the Roses, since it was the last major engagement between contenders for the throne whose claims derived from descent from the houses of Lancaster and Yo ...

. Henry VII, however, was determined on a policy of clemency, and Bermingham, together with most of his judicial colleagues, (as well as Simnel himself) was quickly pardoned. In 1488 he pledged his

fealty An oath of fealty, from the Latin ''fidelitas'' (faithfulness), is a pledge of allegiance of one person to another. Definition In medieval Europe, the swearing of fealty took the form of an oath made by a vassal, or subordinate, to his lord. "Fea ...

to the King in the person of the King's representative, Sir Richard Edgcumbe.

Family

Little seems to be known about his wife. His daughter Catherine married Christopher Plunket of Dunsoghly and was the mother of another Chief Justice, Sir John Plunket.Ball, p.208 He died in 1490 and was buried in

Christ Church Cathedral, Dublin Christ Church Cathedral, more formally The Cathedral of the Holy Trinity, is the cathedral of the United Dioceses of Dublin and Glendalough and the cathedral of the ecclesiastical province of the United Provinces of Dublin and Cashel in the ( ...

. He was described as "a man pre-eminently learned in the laws of his country".

References

{{DEFAULTSORT:Bermingham, Philip 15th-century Irish politicians 1490 deaths 15th-century Irish judges Lawyers from County Meath Lawyers from County Louth Year of birth uncertain Lords chief justice of Ireland Serjeants-at-law (Ireland)