Richard Morgan (Chief Justice)
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Sir Richard Morgan SL PC (died May 1556) was a Welsh lawyer, judge and politician of the mid-
Tudor period The Tudor period occurred between 1485 and 1603 in England and Wales and includes the Elizabethan period during the reign of Elizabeth I until 1603. The Tudor period coincides with the dynasty of the House of Tudor in England that began with t ...
. After achieving prominence as a lawyer in the reign of
Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disagr ...
, he became recorder of
Gloucester Gloucester ( ) is a cathedral city and the county town of Gloucestershire in the South West of England. Gloucester lies on the River Severn, between the Cotswolds to the east and the Forest of Dean to the west, east of Monmouth and east of t ...
and also
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(MP) of the
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for
Gloucester Gloucester ( ) is a cathedral city and the county town of Gloucestershire in the South West of England. Gloucester lies on the River Severn, between the Cotswolds to the east and the Forest of Dean to the west, east of Monmouth and east of t ...
in the three parliaments of 1545, 1547 and March 1553. He was a notable
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supporter of
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, who made him
Chief Justice of the Common Pleas The chief justice of the Common Pleas was the head of the Court of Common Pleas, also known as the Common Bench or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the othe ...
. However, he was soon removed from office and died in mysterious circumstances, apparently suffering from some form of
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.


Background and early life

Richard Morgan was the son of :*Philip ap Morgan, also known as Philip ap Morgan Watkin, of Llanfair Cilgoed, just west of the village of
Cross Ash Cross Ash is a village in Monmouthshire, south east Wales. It is located on the B4521 road between Abergavenny and Skenfrith, some six miles north east of Abergavenny. Setting Cross Ash is situated in a rural part of north-east Monmouthshire. T ...
in Monmouthshire. :*Maud Philpot, daughter of Tomlyn Philpot of Blackbrook, a hamlet to the east of Cross Ash. Richard Morgan was the second son: his elder brother Dafydd was to predecease his parents without issue. Richard had a younger brother, John Philip Morgan, who was also a Member of Parliament in the reign of
Mary Mary may refer to: People * Mary (name), a feminine given name (includes a list of people with the name) Religious contexts * New Testament people named Mary, overview article linking to many of those below * Mary, mother of Jesus, also call ...
. Their family was of the lowest stratum of the landed gentry and Richard turned to the Law to improve his prospects. Morgan's lineage led back through the Turberville family, to Sir Payn de Turberville,FamilySearch Community Trees, Person ID I74100, Sir Richard Morgan, Knight.
Genealogical material on this family is largely drawn from Bradney, Sir Joseph Alfred (1904–1993): ''A History of Monmouthshire from the Coming of the Normans into Wales down to the Present Time'', Volume 1: the Hundreds of Skenfrith and Abergavenny.
one of the legendary
Twelve Knights of Glamorgan The Twelve Knights of Glamorgan were a "legendary" group of mercenaries who followed Robert Fitzhamon (d.1107), the Norman conqueror of Glamorgan. Although Fitzhamon was an actual historical figure, 16th-century historians, in particular Sir Edw ...
, the
Norman Norman or Normans may refer to: Ethnic and cultural identity * The Normans, a people partly descended from Norse Vikings who settled in the territory of Normandy in France in the 10th and 11th centuries ** People or things connected with the Norm ...
conquerors of south-east Wales. In the 13th century, this junior branch of the Turbervilles adopted the standard
Welsh patronymic A patronymic, or patronym, is a component of a personal name based on the given name of one's father, grandfather (avonymic), or an earlier male ancestor. Patronymics are still in use, including mandatory use, in many countries worldwide, al ...
system of naming. Richard Morgan's father maintained this, generally calling himself Philip ap Morgan, while Richard's grandfather was Morgan ab Watkin. Richard broke with this system completely, adopting Morgan as a surname in the English fashion. (John still used his father's name as a second name, and was also known as Jenkin ap Philip.) The change of names reflected momentous changes that came to Wales in Richard Morgan's lifetime. Hitherto, the feudal lordships established by the Normans still had a reality, especially in Monmouthshire, where the authority of the
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, based at
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in Shropshire, was often ignored.
Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disagr ...
and his ministers tightened up central control in every way, establishing Princess Mary at Ludlow. Under the
Laws in Wales Acts 1535–1542 The Laws in Wales Acts 1535 and 1542 ( cy, Y Deddfau Cyfreithiau yng Nghymru 1535 a 1542) were Acts of the Parliament of England, and were the parliamentary measures by which Wales was annexed to the Kingdom of England. Moreover, the legal sys ...
, Wales was formally made part of single state with England. It was shired on the English pattern, and Monmouthshire, uniquely, was made part of the English
assize 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 ...
system.
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s were incorporated and representatives returned to the Westminster parliament. This opened up new paths of promotion and enrichment to ambitious and educated men. Richard Morgan was admitted to Lincoln's Inn on 31 July 1524. Despite a minor reputation for wildness, he quickly seems to have shown talent as a lawyer. He was called to the bar in 1528.


Legal and judicial career

Morgan moved into private practice in London. By the late 1530s he was retained by
Arthur Plantagenet, 1st Viscount Lisle Arthur Plantagenet, 1st Viscount Lisle, KG (died 3 March 1542) was an illegitimate son of the English king Edward IV, half-brother-in-law of Henry VII, and an uncle of Henry VIII, at whose court he was a prominent figure and by whom he was appo ...
, the
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. Lisle's subsequent arrest and imprisonment, on suspicion 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 ...
, led to his voluminous correspondence being seized, fortuitously preserving records of his dealings with Morgan. He was successfully dividing his time between private practice, his involvement with Lincoln's Inn and politics in Monmouthshire. The duties he undertook at his Inn were considerable and onerous. He was auditor in 1534-7, in 1538-9, when he was also butler, and in 1541-2. He was
Autumn Reader A reader in one of the Inns of Court in London was originally a senior barrister of the Inn who was elected to deliver a lecture or series of lectures on a particular legal topic. Two readers (known as Lent and Autumn Readers) would be elected ann ...
for the first time in 1542, lecturing on the action of
Replevin Replevin () or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevi ...
, unusually using two texts as his source. In 1544-5 he was keeper of the Black Book, which records the proceedings of the governing council. He gave his second reading in 1549 on the
Statute of Marlborough The Statute of Marlborough (52 Hen 3) is a set of laws passed by the Parliament of England during the reign of Henry III in 1267. The laws comprised 29 chapters, of which four are still in force. Those four chapters constitute the oldest piece ...
. Meanwhile, Morgan had become sufficiently prominent in his own county to be appointed ''
Custos rotulorum ''Custos rotulorum'' (; plural: ''custodes rotulorum''; Latin for "keeper of the rolls", ) is a civic post that is recognised in the United Kingdom (except Scotland) and in Jamaica. England, Wales and Northern Ireland The ''custos rotulorum'' i ...
'' – keeper of the county's records and its senior civil officer. This appointment seems to have occurred around 1543 and lasted to the end of his life. In June 1546 he was called to the order of
Serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are w ...
by
Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disagr ...
, but was not formally appointed until February 1547 due to the death of Henry. By this point he was Recorder of
Gloucester Gloucester ( ) is a cathedral city and the county town of Gloucestershire in the South West of England. Gloucester lies on the River Severn, between the Cotswolds to the east and the Forest of Dean to the west, east of Monmouth and east of t ...
, which he represented in Parliament between 1545 and 1553: the appointment probably dates back to 1544. He was also retained by the
Duchy of Lancaster The Duchy of Lancaster is the private estate of the British sovereign as Duke of Lancaster. The principal purpose of the estate is to provide a source of independent income to the sovereign. The estate consists of a portfolio of lands, properti ...
, which had large estates in Monmouthshire. However, as a
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, Morgan's progress was not so assured under the Protestant regime of
Edward VI Edward VI (12 October 1537 – 6 July 1553) was King of England and King of Ireland, Ireland from 28 January 1547 until his death in 1553. He was crowned on 20 February 1547 at the age of nine. Edward was the son of Henry VIII and Jane Seymour ...
. He was sent to Fleet Prison on 24 March 1551 for hearing
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at the chapel of Princess Mary He submitted to the Privy Council and was released on 4 May with a warning. Nevertheless, he was an active parliamentarian throughout Edward's reign and his legal acumen ensured he was entrusted with important investigative work and drafting. After the death of
Edward VI Edward VI (12 October 1537 – 6 July 1553) was King of England and King of Ireland, Ireland from 28 January 1547 until his death in 1553. He was crowned on 20 February 1547 at the age of nine. Edward was the son of Henry VIII and Jane Seymour ...
Morgan joined Mary and her supporters at
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in
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, in a successful act of resistance to the installation of
Lady Jane Grey Lady Jane Grey ( 1537 – 12 February 1554), later known as Lady Jane Dudley (after her marriage) and as the "Nine Days' Queen", was an English noblewoman who claimed the throne of England and Ireland from 10 July until 19 July 1553. Jane was ...
as queen by the Protestant faction of John Dudley, 1st Duke of Northumberland. He was rewarded for his loyalty by being made a Privy Councillor on 16 August 1553,
Chief Justice of the Common Pleas The chief justice of the Common Pleas was the head of the Court of Common Pleas, also known as the Common Bench or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the othe ...
on 23 August and finally by being knighted on 2 October. He took part in the November proceedings against
Lady Jane Grey Lady Jane Grey ( 1537 – 12 February 1554), later known as Lady Jane Dudley (after her marriage) and as the "Nine Days' Queen", was an English noblewoman who claimed the throne of England and Ireland from 10 July until 19 July 1553. Jane was ...
. He became mentally incapacitated at some point in 1555 and was removed from office in October of that year. According to John Foxe and Raphael Holinshed his breakdown was a result of Lady Jane Grey's fate.


Political career


Parliament of 1545

Morgan was elected to the parliament of 1545, the last of Henry VIII's reign, by two constituencies. Gloucester (UK Parliament constituency), Gloucester's indenture or electoral return was dated 6 January and placed Morgan first in order of precedence over Thomas Bell (Mayor of Gloucester), Thomas Bell, the former mayor. However, Monmouth Boroughs (UK Parliament constituency), Monmouth Boroughs returned Morgan on 14 January. This was a new constituency, returning only one member, and it had held its first election only in 1542. It included the borough of Monmouth itself, as well as the Monmouthshire "outboroughs" of Abergavenny, Caerleon, Chepstow, Newport, Wales, Newport and Usk. Thomas Kynnyllyn, who was elected in 1542, was still involved in a protracted legal action to get the outboroughs to pay his wages, as they were legally obliged to do, although it was not clear what say they had had in his election. The
Duchy of Lancaster The Duchy of Lancaster is the private estate of the British sovereign as Duke of Lancaster. The principal purpose of the estate is to provide a source of independent income to the sovereign. The estate consists of a portfolio of lands, properti ...
owned the manor and borough of Monmouth and exercised great influence over the election, although the Burgess (title), burgesses entitled to vote were numerous. Morgan was certainly known to the duchy and favoured by its officials, although it is not known whether he was already retained by it. At Gloucester, it was customary to send the recorder to parliament as one of the MPs. It is not certain whether or not Morgan was yet the city's recorder: the first evidence of his appointment dates from as late as January 1547. However, Thomas Lane, the previous recorder died on 2 December 1544 – the day after the parliament was summoned and a month before the elections. Lane had also belonged to Lincoln's Inn may have introduced Morgan to the corporation. So it is possible that he had been appointed, at least informally, before the election, and that he was returned ''Ex officio#ex officio, ex officio''. Gloucester was the larger and more prestigious constituency, having prospered and become more sophisticated under the leadership of Bell, an immensely wealthy Milliner. Certainly Morgan sat for Gloucester in the two subsequent parliaments. Most authorities assume that he did so in 1545, but this is not certain.


Parliament of 1547

Morgan was returned to the first parliament of Edward VI's reign, this time second in order of precedence to Bell, who had recently been knighted. Morgan was increasingly active in this parliament, his legal skills used in reviewing and redrafting proposed legislation. In the second session of the parliament, during 1548-9, he was given responsibility for the bill for Fee farm grant, fee farms of cities and towns. This was an important part of the monarchy's legislative programme, proposing to release fee farms for three years: Gloucester's had been fixed at £60 in 1489. In the last session, in 1552, he and Robert Broke were given a bill for leases to scrutinise. However, in this session Morgan seems to have established himself as a useful man in cases touching the status and privileges of Parliament itself. He was also given responsibility for handling an important complaint of Sir Robert Brandling, a member for Newcastle upon Tyne (UK Parliament constituency), Newcastle upon Tyne. On their way to parliament, Brandling and his retinue were attacked at Topcliffe in Yorkshire by Sir John Widdrington's men, assisted by Ralph Ellerker. The circumstances turned this from a minor episode in a personal feud into a case of parliamentary privilege. Brandling complained to parliament on 15 February and it became Morgan's responsibility to ensure the culprits were brought before parliament. He drew up the necessary warrants and the initiator of the brawl, Henry Widdrington, was committed to the Tower of London. In the case of William Ward, a Lancaster (UK Parliament constituency), Lancaster MP, it was the member himself whose actions required investigation. Ward had taken out an action for breach of privilege on his own account, obtaining a writ from Court of Chancery, Chancery without consulting the British House of Commons, House of Commons. The House passed the matter to a committee of Morgan and three other members: Sir Robert Bowes (lawyer), Robert Bowes, Nicholas Hare, Sir Nicholas Hare and Sir John Mason (diplomat), John Mason. The outcome is unknown. Finally, he was one of three members deputed to handle the replacement of Thomas Curtys, deceased member for the City of London (elections to the Parliament of England), City of London, whose replacement was John Blundell. Morgan was one of those deputed to the redraft the Treason Act 1551 to make it illegal to say that the king "is an heretic, schismatic, infidel or usurper of the crown." The notes made by him and other members were submitted to the House on 14 March 1552.


Parliament of March 1553

In the final months of Edward VI's reign, Morgan was commissioned by Parliament, along with his fellow Catholic, Robert Broke, to investigate the Maidstone (UK Parliament constituency), Maidstone election scandal. The town had been granted a charter of Municipal corporation, incorporation in 1549. An election was held for the parliament of March 1553 and MPs sent to Westminster. However, the right of the borough to elect representatives was challenged, as there was no explicit recognition of the right to representation in the charter. The issue was complicated by the developing succession crisis, in which John Dudley, 1st Duke of Northumberland, apparently with the king's support, manoeuvred for Lady Jane Grey, his own daughter-in-law, to be nominated Edward's successor. Maidstone was in the Protestant heartland of Kent: Thomas Wyatt the Younger, Thomas Wyatt was lord of the manor and the returning officer was John Guildford, Sir John Guildford, the High Sheriff of Kent who was a cousin of Dudley's wife One of the MPs elected was a relative of both Dudley and Jane Grey. Faced with possible malpractice by the Protestant court faction, the House ordered Morgan and Broke to "peruse the charter of Maidstone ... whether they may have burgesses in this House; and in the meantime the burgesses there to be absent out of this House till it be fully ordered." The result of the investigation is not known but can be guessed, as Maidstone's right to representation was not established until 1558, after Elizabeth I of England, Queen Elizabeth succeeded her Catholic sister, Mary. This was Morgan's last parliament. His appointment as chief justice by Mary took him away from his recordership and made him, in any case ineligible for the House of Commons, as he was called by a writ of assistance to serve in the House of Lords in the parliaments of October 1553 and April 1554.


Religious beliefs

Morgan's detention in Fleet prison makes clear that he was not merely a religious conservative but a committed Catholic. The group around Mary was a particularly strong redoubt of the Catholic faith and Morgan must have known it would be under constant surveillance. However, he continued to represent Gloucester, increasingly a Protestant stronghold, apparently without difficulty. His professionalism as a lawyer made him useful to any regime and this helps explain the brevity of his incarceration. His religious commitment was certainly not affected by imprisonment. His first will, dated 18 July 1552, was made three months after the passing of the Act of Uniformity 1552, second Act of Uniformity of Edward VI's reign, which prohibited attendance at services not covered by the Book of Common Prayer. In direct contravention of the Act, he asked for a Catholic burial and for "the sacraments of the true and Catholic Church to be ministered unto me according to the just and true institutions of the same." His commitment included adherence to every aspect of the Marian Counter-Reformation. He attended in person the burning of John Hooper (bishop), John Hooper, the Bishop of Gloucester and Bishop of Worcester, Worcester on 9 February 1555, which took place in Gloucester – not an essential responsibility of his office. According to John Foxe, Morgan was particularly vindictive towards Hooper at his deprivation. He must have encountered Hooper many times in the course of his work at Gloucester. :''Afterwardes iudge Morgan began to rayle at maister Hooper, a longe tyme, with manye opprobrious and foule woordes, of his doyng at Gloucester, in punishing of men, and sayde: there was neuer suche a tyraunt as he was.''


Death

The circumstances surrounding Morgan's death are not entirely clear. The Elizabethan sources were certain that he was punished for his antipathy toward the Protestant faith, in particular his condemnation of Lady Jane Grey. Foxe reports: :''Touching the condemnation of this lady Iane, here is to be noted, that the Iudge morgan who gaue the sentence of condemnation against her, shortly after hee had condemned her, fell mad, and in hys rauing cryed out continually to haue the Lady Iane taken away from him, and so ended hys lyfe.'' The story was repeated, almost ''wikt:verbatim, verbatim'', in Holinshed's Chronicles and became the accepted explanation of his sudden fall from power and influence. In fact, Morgan was removed from office in October 1555, which was almost two years after the trial of Jane Grey. There is no evidence he ever wavered in his Catholic militancy: his second will, made some time after he became chief justice of the common pleas, still demanded a Catholic burial. Probably Morgan was suspended because of a condition that was believed to affect his judgement or ability to practise as a judge, but the idea that he was driven mad by remorse is likely to be largely invention. It is certain, however, that Morgan and his wife were detained around this time by John Philip, his brother. In November, the Privy Council ordered the younger Morgan to release his brother and sister-in-law, remarking that he had already been ordered to do so previously, although it is not clear whether he ever complied. In his own will, dated 8 August 1557, John Philip makes clear that he and Richard had been involved in property deals together and that Richard's wife was refusing to release to him land that Richard had paid for and he was offering to redeem. This probably has something to do with his detention of the couple. There is little doubt that the brothers had always been on good terms to this point. Richard Morgan died most likely in late May 1556 and was buried on 2 June at St Magnus-the-Martyr, his local parish church in the City of London. The funeral was recorded by Henry Machyn, a London Cloth merchant, merchant tailor whose diary gives detailed accounts of funerals because he frequently supplied the cloth and fittings. :''The ij day of June was bered at sant Magnus at London bryge ser Recherd Morgayn knyght, a juge and on of the preve consell unto the nobull quen Mare, with a harold of armes bayryng ys cott armur, and with a standard and a penon of armes and elmett, sword, and targatt; and iiij dosen of skochyons, and ij whytt branchys and xij torchys and iiij gret tapurs, and xxiiij pore men in mantyll ffrysse gownes, and mony in blake; and master chansseler of London dyd pryche.''The Diary of Henry Machyn: Citizen and Merchant-Taylor of London (1550-1563), 1556 (Jan - Jun), p.106.
at British History Online, retrieved July 2013.
Morgan's last will provided for his younger sons, John and Polydore, to share the lease of Grosmont, Monmouthshire, Grosmont, which Morgan held from the duchy of Lancaster. Thomas, his heir, was to receive all his other leases of lands in Monmouthshire, including his share of the family home at Skenfrith, Ynysgynwraidd/Skenfrith. His wife was given use of the London house, although the Reversion (law), reversion was to Polydore. His books were divided among his sons. He ordered a ring of fine gold to be made for Anne, the wife of John Philip Morgan. This reiterated his first will, which said it was for kindness shown him during an illness – possibly an earlier bout of the complaint that finally overwhelmed him.


Family

Morgan married Mary Bailey or Bayly, daughter of Sir Robert Bailey of the White Castle, Wales, Whitecastle lordship, Monmouthshire. She survived Morgan and later married William Brayne of Littledean, Gloucestershire. At least seven children of Morgan and Mary Bailey are known, with three sons surviving to inherit property from Morgan. :* Thomas Morgan, the heir, who married Mary Pryce of the Priory, Aberhonddu, Aberhonddu/Brecon :* John Morgan, who married Mary Worrall of English Bicknor, Gloucestershire :* Polydore Morgan :* Gilbert Morgan, who probably predeceased his parents :* Elsbeth "Besse" Morgan, who married one Higgs of London :* Anne Morgan, who married Thomas Quayne of Norfolk :* Mary Morgan


References

{{DEFAULTSORT:Morgan, Richard 1556 deaths Chief Justices of the Common Pleas Knights Bachelor Members of Lincoln's Inn English MPs 1545–1547 English MPs 1547–1552 English MPs 1553 (Edward VI) Members of the Parliament of England (pre-1707) for Gloucester Serjeants-at-law (England) People from Monmouthshire Members of the Privy Council of England 16th-century Welsh judges Inmates of Fleet Prison Year of birth unknown 16th-century English lawyers 16th-century Welsh politicians