Sir Richard Osbaldeston (c.1585 – 1640) was an English
barrister who became
Attorney General for Ireland
The Attorney-General for Ireland was an Irish and then (from the Act of Union 1800) United Kingdom government office-holder. He was senior in rank to the Solicitor-General for Ireland: both advised the Crown on Irish legal matters. With the ...
. He was the great-grandfather of
Richard Osbaldeston,
Bishop of London
A bishop is an ordained clergy member who is entrusted with a position of Episcopal polity, authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or offic ...
.
Background and early career
He was born in
Lancashire
Lancashire ( , ; abbreviated Lancs) is the name of a Historic counties of England, historic county, Ceremonial County, ceremonial county, and non-metropolitan county in North West England. The boundaries of these three areas differ significa ...
, probably at
Sefton. His father, Edward Osbaldeston (died 1639), belonged to an ancient
Lancashire
Lancashire ( , ; abbreviated Lancs) is the name of a Historic counties of England, historic county, Ceremonial County, ceremonial county, and non-metropolitan county in North West England. The boundaries of these three areas differ significa ...
family, the Osbaldestons of
Osbaldeston
Osbaldeston is a village and civil parish in Lancashire, England about north-west of Blackburn and east of Preston. The population of the civil parish as taken at the 2011 census was 185.
Osbaldeston is on the A59 road and lies on the so ...
Hall. Edward's father, the youngest son of a large family, made an advantageous marriage to Margaret Molyneux, daughter of
Sir Richard Molyneux, 1st Baronet
Sir Richard Molyneux, 1st Baronet (1560–1622) was a member of parliament for Lancashire, Mayor of Liverpool and Receiver-General of the Duchy of Lancaster.
Life
Molyneux was the son of William Molyneux and his wife Bridget Caryll. His grandfat ...
and Frances Gerard. Margaret's father was head of the family which later acquired the title
Earl of Sefton
Earl of Sefton was a title in the Peerage of Ireland created in 1771 for the 8th Viscount Molyneux. The Earls of Sefton held the subsidiary titles Viscount Molyneux, of Maryborough in the Queen's County (created 1628), in the Peerage of Ire ...
, and her mother was a daughter of the prominent judge Sir
Gilbert Gerard,
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of ...
.
[Dugdale, William and Clay, John ''Visitations of Yorkshire'' W. Pollard and Co Exeter 1899] They were also related to the
Earl of Derby
Earl of Derby ( ) is a title in the Peerage of England. The title was first adopted by Robert de Ferrers, 1st Earl of Derby, under a creation of 1139. It continued with the Ferrers family until the 6th Earl forfeited his property toward the e ...
, and profited from this connection. By the 1620s Richard was rich enough to buy the Manor of
Hunmanby in
Yorkshire
Yorkshire ( ; abbreviated Yorks), formally known as the County of York, is a historic county in northern England and by far the largest in the United Kingdom. Because of its large area in comparison with other English counties, functions have ...
, where the family remained until they died out in the 1830s.
Richard entered
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wa ...
in 1604 and was
called to the Bar there. He was Reader of Gray's Inn in 1625, and its Treasurer in 1635.
[Longford, W. ''"Some Notes on the Family of Osbaldeston"'' (1935)] While his practice was undoubtedly lucrative, few details of his career as a barrister survive, but it is likely that he practised in
York
York is a cathedral city with Roman Britain, Roman origins, sited at the confluence of the rivers River Ouse, Yorkshire, Ouse and River Foss, Foss in North Yorkshire, England. It is the historic county town of Yorkshire. The city has many hist ...
, where he was living at the time of his first marriage in 1612.
[
]
Attorney General
In 1636 he was knighted and sent to 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 ...
as the Irish Attorney General: he already had a link with the Irish judiciary through his cousin Geoffrey Osbaldeston, Chief Justice of Connacht (died c.1635) who had a long if undistinguished record of service to the Crown as a judge in Ireland. Richard is said to have been a close associate of the Lord Deputy of Ireland
The Lord Deputy was the representative of the monarch and head of the Irish 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. The plural form is ...
, Thomas Wentworth, 1st Earl of Strafford
Thomas Wentworth, 1st Earl of Strafford, (13 April 1593 ( N.S.)12 May 1641), was an English statesman and a major figure in the period leading up to the English Civil War. He served in Parliament and was a supporter of King Charles I. From ...
, a fellow Yorkshireman, who may have known him in his younger days. Wentworth frequently consulted him on legal points, but given the Lord Deputy's overwhelming personality and his almost total control of the Irish government, it is unlikely that any legal adviser had much influence over him. There were also family ties between the two men, which were strengthened when Richard's son William married Strafford's cousin Anne Wentworth, the daughter of Sir George Wentworth of Woolley Hall
Woolley Hall is a country house in Woolley, West Yorkshire, England. It is a Grade II* listed building.
Overview
In the mid-fourteenth century, the nucleus of what became the Woolley estate belonged to Sir William de Notton, a man of local ...
, West Yorkshire.
Quo warranto campaign
It was Wentworth who in 1638 instructed Osbaldeston to bring proceedings for ''quo warranto
In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, o ...
'' (i.e. a 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, ...
arguing that a person or public body is asserting a legal jurisdiction it does not possess, and requiring them to justify it) against those corporations in Munster
Munster ( gle, an Mhumhain or ) is one of the provinces of Ireland, in the south of Ireland. In early Ireland, the Kingdom of Munster was one of the kingdoms of Gaelic Ireland ruled by a "king of over-kings" ( ga, rí ruirech). Following th ...
which challenged the jurisdiction of the central Court of Admiralty; this was apparently at the request of Dr Alan Cooke, the Leinster
Leinster ( ; ga, Laighin or ) is one of the provinces of Ireland, situated in the southeast and east of Ireland. The province comprises the ancient Kingdoms of Meath, Leinster and Osraige. Following the 12th-century Norman invasion of Ir ...
Admiralty judge.[Costello, Kevin ''"The Court of Admiralty of Ireland 1575-1893"'' Four Courts Press, Dublin 2011 pp. 25-26]
In 1639, the quo warranto campaign was extended into an attack on all local landowners who claimed the right to hold local Admiralty courts. The campaign was not entirely successful: 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 justi ...
ruled that Richard Talbot of Malahide Castle
Malahide Castle ( ga, Caisleán Mhullach Íde), parts of which date to the 12th century, lies close to the village of Malahide, nine miles (14 km) north of central Dublin in Ireland. It has over of remaining parkland estate, forming the ...
(ancestor of Baron Talbot de Malahide
Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knigh ...
) had the right to hold an admiralty court for the port of Malahide
Malahide ( ; ) is an affluent coastal settlement in Fingal, County Dublin, Ireland, situated north of Dublin city. It has a village centre surrounded by suburban housing estates, with a population of over 17,000.
Malahide Castle dates from th ...
in north Dublin. The campaign seems to have petered out after Osbaldeston's death.[
]
Death
Probably Osbaldeston's most lasting memorial was the house he built adjacent to the King's Inns
The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
. After his death it was regranted to his son William. It was later acquired by Sir Richard Reynell, 1st Baronet
Sir Richard Reynell, 1st Baronet (1626 – 18 October 1699), was an English-born judge who had a distinguished career in Ireland and held office as Lord Chief Justice of the King's Bench in Ireland. He was the first of the Reynell baronets of La ...
.
He died in Dublin in June 1640 and was buried in the Church of St. John the Evangelist, Dublin
The Church of St. John the Evangelist was a Church of Ireland church located on the west side of Fishamble Street in the centre of Dublin, Ireland. It was founded in the 12th century, and a great many of its parish records survive.
The Church
A ...
. Dr Alan Cooke, the Leinster Admiralty judge, wrote to London with the terse message that "the old Attorney (General) is dead" and asked for a replacement to be sent quickly, to continue the quo warranto campaign.[ Osbaldeston was replaced by Sir Thomas Tempest, but Strafford's ]impeachment
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
I ...
, followed by the outbreak of the Irish Rebellion of 1641
The Irish Rebellion of 1641 ( ga, Éirí Amach 1641) was an uprising by Irish Catholics in the Kingdom of Ireland, who wanted an end to anti-Catholic discrimination, greater Irish self-governance, and to partially or fully reverse the plantat ...
, soon made the effective conduct of government business impossible and the office of Attorney General effectively lapsed until 1649.
Family
He married firstly Eleanor Anne Westropp, daughter of William Westropp of Brunton, Yorkshire
Yorkshire ( ; abbreviated Yorks), formally known as the County of York, is a historic county in northern England and by far the largest in the United Kingdom. Because of its large area in comparison with other English counties, functions have ...
and Elizabeth Witham, who died in 1638, and secondly, Mary Nettleton, daughter of Thomas Nettleton of Nettleton Hall, Thornhill, West Yorkshire
Thornhill is a village and former township in the unparished area of Dewsbury, Kirklees, West Yorkshire, England. Historically part of the West Riding of Yorkshire, Thornhill was absorbed into County Borough of Dewsbury, Dewsbury County Boroug ...
, who outlived him and died about 1652.[ By his first marriage he had at least five children, but of these only William and Frances are known to have reached adult life; Lambert, the eldest son, died young. William (1631-1707) was the grandfather of Richard Osbaldeston, Bishop of London.][ He was a member of the ]Irish Bar
The Bar of Ireland ( ga, Barra na hÉireann) is the professional association of barristers for Ireland, with over 2,000 members. It is based in the Law Library, with premises in Dublin and Cork. It is governed by the General Council of the Ba ...
and was admitted to the King's Inns in 1654.
While the Osbaldestons did not have any permanent ties with Ireland, the family of Richard's first wife did, becoming prominent landowners in County Clare
County Clare ( ga, Contae an Chláir) is a county in Ireland, in the Southern Region and the province of Munster, bordered on the west by the Atlantic Ocean. Clare County Council is the local authority. The county had a population of 118,817 ...
and County Limerick
"Remember Limerick"
, image_map = Island_of_Ireland_location_map_Limerick.svg
, subdivision_type = Country
, subdivision_name = Republic of Ireland, Ireland
, subdivision_type1 = Provinces of Ireland, Province
, subd ...
. Mountiford Westropp, High Sheriff of Clare in 1698, was her nephew.[Montgomery-Masssingberd, Hugh ''Burke's Irish Family Records'' London 1976 p.1196]
References
{{DEFAULTSORT:Osbaldeston, Richard
Attorneys-General for Ireland
1640 deaths
People from Hunmanby
Year of birth uncertain
Members of Gray's Inn