Robert Broke
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Sir Robert Broke SL ( – 5 or 6 September 1558) was an English judge, politician and legal writer. Although a landowner in rural
Shropshire Shropshire (; abbreviated SalopAlso used officially as the name of the county from 1974–1980. The demonym for inhabitants of the county "Salopian" derives from this name.) is a Ceremonial counties of England, ceremonial county in the West M ...
, he made his fortune through more than 20 years' service to the
City of London The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...
. MP for the City in five parliaments, he served as
Speaker of the House of Commons Speaker of the House of Commons is a political leadership position found in countries that have a House of Commons, where the membership of the body elects a speaker to lead its proceedings. Systems that have such a position include: * Speaker of ...
in 1554. He is celebrated as the author of one of the
Books of authority Books of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks (and all books other than statute or law report) are not treated as authorities by the courts of England ...
. A prominent religious conservative, he founded a notable
recusant Recusancy (from ) was the state of those who remained loyal to the Catholic Church and refused to attend Church of England services after the English Reformation. The 1558 Recusancy Acts passed in the reign of Elizabeth I, and temporarily repea ...
dynasty. His surname is also rendered Brooke, and occasionally Brook, which are, for modern readers, better indicators of pronunciation.


Early life and education

Robert Broke was born by 1515:The History of Parliament: Members 1509–1558 – BROKE, Robert (Author: Helen Miller)
/ref> his known
Oxford University The University of Oxford is a collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the second-oldest continuously operating u ...
admission date suggests the first decade of the century. He was the eldest son of :*Thomas Broke of
Claverley Claverley is a village and civil parish in east Shropshire, England. The parish also includes the hamlets of Beobridge, Hopstone, Upper Aston, Ludstone, Heathton and a number of other small settlements. Claverley village is east of the market ...
in Shropshire. :*Margaret Grosvenor, daughter of Humphrey Grosvenor of Farmcote, a hamlet to the south-east of Claverley. Most of early 16th century Shropshire was poor and underdeveloped sheep country, ruled by the
Council of Wales and the Marches The Council of Wales and the Marches () or the Council of the Marches, officially the Court of the Council in the Dominion and Principality of Wales, and the Marches of the same was a regional administrative body founded in Shrewsbury. ...
. Claverley was a large parish, dominated by the Gatacre family, whose seat was at its southern edge. Broke was admitted to study for a BA at Oxford University in 1521. As a very minor member of the
landed gentry The landed gentry, or the gentry (sometimes collectively known as the squirearchy), is a largely historical Irish and British social class of landowners who could live entirely from rental income, or at least had a country estate. It is t ...
, Broke needed to seek sources of income outside his own locality if he were to prosper, and he did so through London and the law. He studied at
Strand Inn The Inns of Chancery or ''Hospida Cancellarie'' were a group of buildings and legal institutions in London initially attached to the Inns of Court and used as offices for the clerks of chancery, from which they drew their name. Existing from a ...
, and from there was admitted to
Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
at some point between 1525 and 1528. He studied
pleading In law as practiced in countries that follow the English models, a pleading is a formal written statement of one party's claims or defenses in response to another party's complaint(s) in a civil action. The parties' pleadings in a case define t ...
with
John Jenour John Jenour (146517 September 1542) was an English legal official. He was the son of William Jenour of Stonham Aspal, Suffolk and his wife Katherine Whiting, and the elder brother of Robert Jenour, who became an officer of the Court of Common Ple ...
, a famous
Prothonotary A prothonotary is the "principal clerk of a court," from Late Latin, L.L. ''prothonotarius'' (Wiktionary:circa, c. 400), from Greek ''protonotarios'' "first scribe," originally the chief of the college of recorders of the court of the Byzantine E ...
who influenced a whole generation of judges and
jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...
s.


Judicial career

Broke enjoyed considerable power as an official of the City of London before attaining high office in the last four years of his life. He was also the author of several important works on the law.


Offices held

Broke's judicial career began in 1536 when he was appointed
Common Serjeant of London The Common Serjeant of London (full title The Serjeant-at-Law in the Common Hall) is an ancient British legal office, first recorded in 1291, and is the second most senior permanent judge of the Central Criminal Court after the Recorder of Lon ...
on the recommendation 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 known for his Wives of Henry VIII, six marriages and his efforts to have his first marriage (to Catherine of Aragon) annulled. ...
and the queen,
Jane Seymour Jane Seymour (; 24 October 1537) was Queen of England as the third wife of King Henry VIII from their marriage on 30 May 1536 until her death the next year. She became queen following the execution of Henry's second wife, Anne Boleyn, who was ...
; how he gained such royal favour is unknown. As Serjeant, Brooke attended court with the
Lord Mayor of London The Lord Mayor of London is the Mayors in England, mayor of the City of London, England, and the Leader of the council, leader of the City of London Corporation. Within the City, the Lord Mayor is accorded Order of precedence, precedence over a ...
, as well as the
Court of Aldermen The Court of Aldermen forms part of the senior governance of the City of London Corporation. It comprises twenty-five Aldermen of the City of London, presided over by the Lord Mayor (becoming senior Alderman during his or her year of office). ...
and the
Court of Common Council The Court of Common Council is the primary decision-making body of the City of London Corporation. It meets nine times per year. Most of its work is carried out by committees. City of London Corporation elections , Elections are held at least eve ...
, the city's main deliberative body. One of his tasks was to review, rewrite and put forward parliamentary
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Pl ...
s proposed by the city. In 1540, Broke identified and returned a volume of the
Letter-Books of the City of London The Letter-Books of the City of London are a series of fifty folio volumes in vellum containing entries of the matters of in which the City of London was interested or concerned, beginning in 1275 and concluding in 1509. The volumes are part of ...
that had been lost for some time. In January 1544, he was directed to intervene in the passage of two bills: one from the secondaries of the
compter A compter, sometimes referred to as a counter, was a type of small England, English prison controlled by a sheriff. The inmates were usually civil prisoners, for example dissenters and debtors. Examples of compters include London's Wood Street Comp ...
, aiming to repeal the Act against untrue verdicts; another already put to the house that intended to prevent merchants buying steel and other goods, which Broke was told to forestall. In 1545, it was a bill to bring urban
sanctuaries A sanctuary, in its original meaning, is a sacred place, such as a shrine, protected by ecclesiastical immunity. By the use of such places as a haven, by extension the term has come to be used for any place of safety. This secondary use can be ...
under the control of borough and city authorities. Among the legal officers, the Common Serjeant was second only to the
Recorder of London The recorder of London is an ancient legal office in the City of London. The recorder of London is the senior circuit judge at the Central Criminal Court (the Old Bailey), hearing trials of criminal offences. The recorder is appointed by the Cr ...
. When this post became vacant in 1545, a letter from the king to the Aldermen once again proved decisive in securing it for Broke, and he took office on 12 November. On 17 November he was elected to parliament in place of his predecessor as Recorder, Sir
Roger Cholmley Sir Roger Cholmeley ( ; sometimes spelled Cholmley or Cholmondeley; – 21 June 1565) was Lord Chief Justice of the Court of King's Bench from 1552 to 1553. From 1535 to 1545 he was Recorder of London and served in the House of Commons. He is po ...
. On 19 November he was granted
Freedom of the City of London The Freedom of the City of London started around 1237 as the status of a 'free man' or 'citizen', protected by the charter of the City of London and not under the jurisdiction of a feudal lord. In the Middle Ages, this developed into a freedom or ...
, a status tied to his membership of the
Worshipful Company of Mercers The Mercers' Company, or the Worshipful Company of Mercers, is a livery company of the City of London in the Great Twelve City Livery Companies, and ranks first in the order of precedence of the Companies. Mercer comes from the Latin for merch ...
, the first in
order of precedence An order of precedence is a sequential hierarchy of importance applied to individuals, groups, or organizations. For individuals, it is most often used for diplomats in attendance at very formal occasions. It can also be used in the context of ...
of London's
Livery Companies A livery company is a type of guild or professional association that originated in medieval times in London, England. Livery companies comprise London's ancient and modern trade associations and guilds, almost all of which are Style (form of a ...
. Holding these public offices did not prevent Broke pursuing private practice, and his signature is found on bills in chancery in the 1530s and 1540s. During this time he was also deputy chief steward for the
Duchy of Lancaster The Duchy of Lancaster is an estate of the British sovereign. The estate has its origins in the lands held by the medieval Dukes of Lancaster, which came under the direct control of the monarch when Henry Bolingbroke, the then duke of Lancast ...
, and was created a Serjeant-at-law in 1552. On 8 October 1554 he was appointed
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, which was the second-highest common law Common law (also known as judicial precedent, judge-made law, or case law) is the body ...
, probably a reward from Queen Mary for his performance as
Speaker of the House of Commons Speaker of the House of Commons is a political leadership position found in countries that have a House of Commons, where the membership of the body elects a speaker to lead its proceedings. Systems that have such a position include: * Speaker of ...
. He was knighted on 27 January 1555 by
King Philip King Philip may refer to * Philip I of Macedon (fl. c. 593 BC) * Philip II of Macedon (380–336 BC), Greek conqueror and father of Alexander the Great * Philippe of Belgium (born 1960) * Ee-mat-la (died 1839) war leader of the Seminole in the Seco ...
. On 26 February, he presided over the trial of Charles Stourton, 8th Baron Stourton, accused of murdering two men, William Hartgill and his son John. Stourton refused to plead and Broke threatened him with the punishment of being pressed to death. He then entered a plea of guilty and was executed on 16 March. Broke fell into conflict with the court's
Puisne Justices Puisne judge and puisne justice () are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words, (since, later) and (born) which have been combined as or ; meaning ...
when he appointed Thomas Gatacre, his wife's brother, as Chief Prothonotary in 1557. The justices rejected him, and Broke's second choice, William Wheteley, was then allowed to take office despite judicial preference for another candidate.


Works

In 1542 Broke became a
bencher A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher c ...
at the Middle Temple. As
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 annu ...
that year, his subject was the 1540 Statute of Limitations; the reading circulated in manuscript and was subsequently printed in 1547. As Lent Reader in 1551, his subject was Pleas of the Crown, using chapter 17 of
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
as the source: this also circulated in manuscript before being published in 1641, almost one hundred years after his death. Broke's most important work was ''La Graunde Abridgement'', a classified compendium of law as it then prevailed. Modelled on a work of the same name by
Anthony Fitzherbert Sir Anthony Fitzherbert (147027 May 1538) was an English judge, scholar and legal author, particularly known for his treatise on English law, ''New Natura Brevium'' (1534). Biography Fitzherbert was the sixth son of Ralph Fitzherbert of Norbur ...
, with which it is sometimes confused, it closely reflected Broke's own interests and experience. A section is given over to the subject of London, great stress is placed on the role of parliament and it contains numerous cases in which Broke appeared. The book was not published until 1568, a decade after Broke's death, and was in
Law French Law French () is an archaic language originally based on Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England from the 13th century. Its use continued for several centur ...
, but it was an immediate success and came to be regarded as one of the
Books of authority Books of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks (and all books other than statute or law report) are not treated as authorities by the courts of England ...
which courts can use as evidence of the law prevailing at the time. From it Richard Bellewe extracted important cases decided during the reigns of Henry VIII, Edward VI and Mary I and issued them as a separate compilation, soon rendered into English, and often cited as
Brook's New Cases Ascuns novel cases de le ans et temps le Roy H. VIII., Edv. VI, and la Roygne Mary. Escrie ex la graund Abridgment, compose per Sir Robert Brooke, Chivaler, &c., la, disperse en les Titles; mes icy collect sub ans is the title of a collection o ...
. This proved even more popular than the book from which it was extracted.


Political career

Broke served as a Member of Parliament for the
City of London The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...
from 1545 until 1554, serving as
Speaker of the House of Commons Speaker of the House of Commons is a political leadership position found in countries that have a House of Commons, where the membership of the body elects a speaker to lead its proceedings. Systems that have such a position include: * Speaker of ...
of England in 1554.


Parliament of 1545

Broke was elected to the Parliament of 1545, the last of Henry VIII's reign, as a replacement for Sir Roger Cholmley. The parliament had been called as long ago as December 1544 and Cholmley was elected to Parliament on 19 January 1545. However, the opening of parliament was delayed until 23 November and Cholmley was appointed an Exchequer Baron in the meantime, and so forced to relinquish both his post as Recorder and his parliamentary seat. London had four MPs. Two, called ''knights'', were elected by the Aldermen, and one of these was always the Recorder.S.T. Bindoff (editor): The History of Parliament: Constituencies 1509–1558 – London (Author: A. D.K. Hawkyard)
/ref> The other two, called ''burgesses'' were elected by the
Court of Common Council The Court of Common Council is the primary decision-making body of the City of London Corporation. It meets nine times per year. Most of its work is carried out by committees. City of London Corporation elections , Elections are held at least eve ...
from a list of twelve proposed by the Aldermen. The Recorder always resigned his seat when he left office: hence Broke's election was automatic. London was second only to the Crown as sponsor of legislation and solid legal acumen was in need at all times among its delegation to the House of Commons. Broke's colleagues in the 1545 parliament were Sir
Richard Gresham Sir Richard Gresham (c. 1485 – 21 February 1549) was an English mercer, Merchant Adventurer, Lord Mayor of London, and Member of Parliament. He was the father of Sir Thomas Gresham. Biography The Gresham family had been settled in the Norf ...
, a former Lord Mayor,
John Sturgeon John Sturgeon (by 1498 – 1570/71), of London, was an English politician. Family Sturgeon was married to Joan by 1522. They had at least three sons and two daughters. Career He was a Member (MP) of the Parliament of England for London in 1542 ...
, a staunch Protestant, and Paul Withypoll, a wealthy merchant with interests in the Netherlands, Spain and
Crete Crete ( ; , Modern Greek, Modern: , Ancient Greek, Ancient: ) is the largest and most populous of the Greek islands, the List of islands by area, 88th largest island in the world and the List of islands in the Mediterranean#By area, fifth la ...
. Much of their work involved defending the City against the claims of its clergy. They were unsuccessful in getting their bill on sanctuaries through the House, but they were able to force a compromise over a bill intended to tighten up
tithe A tithe (; from Old English: ''teogoþa'' "tenth") is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Modern tithes are normally voluntary and paid in money, cash, cheques or v ...
collection from the citizens. Such manoeuvring was typical of the concerns of London members in the
Tudor period In England and Wales, the Tudor period occurred between 1485 and 1603, including the Elizabethan era during the reign of Elizabeth I (1558–1603). The Tudor period coincides with the dynasty of the House of Tudor in England, which began with ...
.


Parliament of 1547

The first Parliament of Edward VI lasted for most of the reign, and Broke was automatically returned to it. His aldermanic colleague was the goldsmith Sir
Martin Bowes Sir Martin Bowes (1496/97 – 1566) was a very prominent and active civic dignitary of Tudor London whose career continued through the reigns of Henry VIII, Edward VI, Mary I and Elizabeth I.C.E. Challis, 'Bowes, Sir Martin (1496/7–1566)', ''Oxf ...
, who had just served his term as Lord Mayor, having made so large a fortune at the
Royal Mint The Royal Mint is the United Kingdom's official maker of British coins. It is currently located in Llantrisant, Wales, where it moved in 1968. Operating under the legal name The Royal Mint Limited, it is a limited company that is wholly ow ...
that he was able easily to afford the £10,000 to settle accounts when he and the other masters were found to have systematically debased the coinage. Bowes remained a London MP throughout Broke's term, apart from a short break in 1553. The first session of the parliament definitively abolished
chantries A chantry is an ecclesiastical term that may have either of two related meanings: # a chantry service, a set of Christian liturgical celebrations for the dead (made up of the Requiem Mass and the Office of the Dead), or # a chantry chapel, a bu ...
. A major concern of the London members in the second and subsequent sessions of the parliament was to ensure that the City did not lose control of the wealth of the chantries within its boundaries to the king. Broke, who had been appointed commissioner for chantries in London, Westminster and Middlesex in 1546, during an earlier and abortive move toward abolition, must have had first-hand knowledge of the subject. The London members also wrestled with an Act to release
fee farm A fee is the price one pays as remuneration for rights or services. Fees usually allow for overhead, wages, costs, and markup. Traditionally, professionals in the United Kingdom (and previously the Republic of Ireland) receive a fee in contrad ...
s for three years to ensure that London got the best terms from it. Broke was told to work closely with one of the burgesses, who had specialist knowledge of the subject. The other burgess, Thomas Curteys, was elected an alderman in 1551 – a move which he resisted to the point of imprisonment and which forced him to resign his seat in parliament. In 1552 Broke was sent to lobby for further assurances from the Crown about lands recently purchased by the city. Broke was not limited to purely metropolitan concerns: as a skilled lawyer and draftsman, his talents were useful to the Crown and its ministers, and he was called upon by others if they thought his skills could benefit their cause. In 1549, he was given responsibility for a bill "for preaching divers opinions." The third session of the parliament passed an Act to reform
canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
and Broke was appointed to the commission set up for this purpose on 12 February 1552. In March 1552 he 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." He was one of those enlisted in 1549 by the supporters of
Henry Clifford, 2nd Earl of Cumberland Henry Clifford, 2nd Earl of Cumberland (1517 – January 1570) was a member of the Clifford family, seated at Skipton Castle from 1310 to 1676.Charles Mosley, editor. Burke's Peerage, Baronetage & Knightage, 107th edition, 3 volumes (Wilmington ...
, whose family had long held the shrievalty of Westmorland by hereditary right: the supporters of his neighbour
Thomas Wharton, 1st Baron Wharton Sir Thomas Wharton, 1st Baron Wharton (1495 – 23 August 1568) was an English nobleman and a follower of King Henry VIII of England. He is best known for his victory at Solway Moss on 24 November 1542 for which he was given a barony. Early life ...
, were proposing to end the arrangement. He was also called in by
John de Vere, 16th Earl of Oxford John de Vere, 16th Earl of Oxford (1516 – 3 August 1562) was born to John de Vere, 15th Earl of Oxford, and Elizabeth Trussell, daughter of Edward Trussell. He was styled Lord Bolebec 1526 to 1540 before he succeeded to his father's title. ...
in 1552 to advise on legislation he was promoting to free himself of commitments made to
Edward Seymour, 1st Duke of Somerset Edward Seymour, 1st Duke of Somerset, 1st Earl of Hertford, 1st Viscount Beauchamp (150022 January 1552) was an English nobleman and politician who served as Lord Protector of England from 1547 to 1549 during the minority of his nephew King E ...
, the disgraced and executed former
Lord Protector Lord Protector (plural: ''Lords Protector'') is a title that has been used in British constitutional law for the head of state. It was also a particular title for the British heads of state in respect to the established church. It was sometime ...
.


Parliament of March 1553

Broke and Bowes were sent to the last parliament of Edward VI's reign, along with two burgesses: Curteys's replacement, John Blundell, and John Marshe – both Protestants and particularly long-serving MPs. The parliament met as the succession question loomed large and lasted for only the month of March 1553. However, the London delegation were initially more concerned with their campaign to get the use of fuel in London better regulated – in which they succeeded through the passage of an Act. However, Broke was soon given the question of the
Maidstone Maidstone is the largest Town status in the United Kingdom, town in Kent, England, of which it is the county town. Maidstone is historically important and lies east-south-east of London. The River Medway runs through the centre of the town, l ...
election to investigate, and this was perhaps a result of the succession crisis. The town had been granted a
charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the ...
of incorporation in 1549. An election was called as soon as the parliament was summoned, but there was no reference to parliamentary representation in the charter. Broke was joined in his work by Richard Morgan, a fellow judge and MP for
Gloucester Gloucester ( ) is a cathedral city, non-metropolitan district and the county town of Gloucestershire in the South West England, South West of England. Gloucester lies on the River Severn, between the Cotswolds to the east and the Forest of Dean ...
, as well as a fellow Catholic. They were enjoined by parliament 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." It was possible that supporters of
John Dudley, 1st Duke of Northumberland John Dudley, 1st Duke of Northumberland (1504Loades 2008 – 22 August 1553) was an English general, admiral, and politician, who led the government of the young King Edward VI from 1550 until 1553, and unsuccessfully tried to install Lady Jane ...
had used Maidstone's ambiguous status as a way of increasing parliamentary support for
Lady Jane Grey Lady Jane Grey (1536/1537 – 12 February 1554), also known as Lady Jane Dudley after her marriage, and nicknamed as the "Nine Days Queen", was an English noblewoman who was proclaimed Queen of England and Ireland on 10 July 1553 and reigned ...
's succession, as the town was in the Protestant heartland of Kent. In fact, the
lord of the manor Lord of the manor is a title that, in Anglo-Saxon England and Norman England, referred to the landholder of a historical rural estate. The titles date to the English Feudalism, feudal (specifically English feudal barony, baronial) system. The ...
was Thomas Wyatt, the
High Sheriff of Kent The high sheriff is the oldest secular office under the Crown (prior to 1974 the office previously known as sheriff)."Sheriffs appointed for a county or Greater London shall be known as high sheriffs, and any reference in any enactment or instru ...
who made the return was Sir
John Guildford Sir John Guildford, JP (by 1508 – 1565), of Hemsted in Benenden, also written Guilford, was an English landowner, administrator and politician. Origins Born by 1508, he was the only son of George Guildford (died by 1537), of Hemsted, who wa ...
, a cousin of Dudley's wife, and one of the burgesses elected was a relative of both Dudley and Jane Grey. It is unclear what Broke and Morgan reported, or even if they delivered their report, but Maidstone was disfranchised and did not regain the right to parliamentary representation until it was granted by a new charter 1559.


Parliaments of Mary I

For the parliament of October 1553 Bowes was temporarily replaced by Sir Rowland Hill, a former Lord Mayor and a Protestant, making Broke the only Catholic MP from London. Despite this, and the momentous events of the summer, in which Dudley attempted to place Jane Grey on the throne and was defeated by a rebellion in favour of Mary, Edward's Catholic elder sister, the London delegation attended the parliament with an entirely commercial agenda. They toiled away at legislation to regulate London's physicians,
chandlers Chandler or The Chandler may refer to: Occupations * Chandler (occupation), originally head of the medieval household office responsible for candles, now a person who makes or sells candles * Ship chandler, a dealer in supplies or equipment for ...
in both wax and tallow, leather tanners and
bowling alleys Bowling is a target sport and recreational activity in which a player rolls a ball toward pins (in pin bowling) or another target (in target bowling). Most references to ''bowling'' are to pin bowling, specifically tenpin bowling, played in th ...
, as well as a measure to deregulate the sale of wine. However, the Crown took initial steps to undo the
Edwardian Reformation The Edwardian Reformation refers to the period of Protestantization of religious life and establishment in England, Wales and the Irish Pale during the regency and reign of Edward VI ( 1547–1553). Regency council When Henry VIII died in ...
. One of the key measures protecting it was the Treason Act, which Broke had helped to redraft. After a bill to repeal it had passed its
second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
, it was given to Broke to review and steer through its final stages. The parliament of April 1554 had a much stronger commission to further the Marian
Counter-Reformation The Counter-Reformation (), also sometimes called the Catholic Revival, was the period of Catholic resurgence that was initiated in response to, and as an alternative to or from similar insights as, the Protestant Reformations at the time. It w ...
: "for corroboration of true religion, and touching the Queen's highness most noble marriage" to
Philip II of Spain Philip II (21 May 152713 September 1598), sometimes known in Spain as Philip the Prudent (), was King of Spain from 1556, King of Portugal from 1580, and King of Naples and List of Sicilian monarchs, Sicily from 1554 until his death in 1598. He ...
. Broke attended with Bowes, Blundell and Marshe. At the assembly of the parliament Broke was elected speaker, probably with royal support. The parliament was dissolved after only a month. The Speaker's main task was to steer through a bill, dear to many members, to protect those who had profited from the dissolution of the monasteries from ecclesiastical censure. This he did competently, although the bill was defeated in the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
. The main measures proposed by the Crown, most importantly those relating to the Queen's marriage, were carried expeditiously. Broke's conduct as Speaker seems to have been the main factor influencing the Queen to open up opportunities within the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. He was appointed Chief Justice of Common Pleas after the summoning of the next parliament but before it assembled. This forced him to resign the recordership, and thus his Commons seat.


Landowner

Broke's family had been decidedly minor landowners in and around Claverley. However, his career gave him the contacts and wealth to expand his holdings greatly. He was able to purchase land and rights expropriated through the dissolution of the monasteries in the reign of Henry VIII and the abolition of
chantries A chantry is an ecclesiastical term that may have either of two related meanings: # a chantry service, a set of Christian liturgical celebrations for the dead (made up of the Requiem Mass and the Office of the Dead), or # a chantry chapel, a bu ...
and
colleges A college (Latin: ''collegium'') may be a tertiary education, tertiary educational institution (sometimes awarding academic degree, degrees), part of a collegiate university, an institution offering vocational education, a further educatio ...
in the reiign of Edward VI. Most important for Broke's family was the acquisition of the manor of
Madeley, Shropshire Madeley is a historic market town and civil parish in the borough of Telford and Wrekin, Shropshire, England. The parish had a population of 18,774 at the 2021 census. Madeley is recorded in the Domesday Book, having been founded before the 8t ...
, which had been the closest
demesne A demesne ( ) or domain was all the land retained and managed by a lord of the manor under the feudal system for his own use, occupation, or support. This distinguished it from land subinfeudation, sub-enfeoffed by him to others as sub-tenants. ...
estate of
Wenlock Priory Wenlock Priory, or St Milburga's Priory, is a ruined 12th-century monastery, located in Much Wenlock, Shropshire, at . Roger de Montgomery re-founded the Priory as a Cluniac house between 1079 and 1082, on the site of an earlier 7th-century m ...
. After passing back to the Crown in 1540 on the dissolution of the priory, it was purchased by Broke in 1544 and held as half a
knight's fee In feudal Anglo-Norman England and Ireland, a knight's fee was a unit measure of land deemed sufficient to support a knight. It would not only provide sustenance for himself, his family, and servants, but also the means to furnish himself and h ...
. For two centuries Madeley was to be the seat of the Brooke family, famous or notorious for their royalist plotting during the
English Civil War The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...
and
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...
. In the same year, Broke also bought the
advowson Advowson () or patronage is the right in English law of a patron (avowee) to present to the diocesan bishop (or in some cases the ordinary if not the same person) a nominee for appointment to a vacant ecclesiastical benefice or church living, a ...
of the parish church.Victoria County History: Shropshire, volume 11: Telford, chapter 16: Madeley – churches, s.1
/ref> and in 1549 the property of St Mary's guild, a lay fraternity that had tended the
Lady chapel A Lady chapel or lady chapel is a traditional British English, British term for a chapel dedicated to Mary, mother of Jesus, particularly those inside a cathedral or other large church (building), church. The chapels are also known as a Mary chape ...
. He even purchased the pension that the rector of
Badger, Shropshire Badger is a village and civil parish in Shropshire, England, about six miles north-east of Bridgnorth. The parish had a population of 134 according to the 2001 census, falling to 126 at the 2011 census. Badger Parish is at grid map reference S ...
had paid to Wenlock Madeley's mineral wealth was already partly apparent: there had been coal mining since the 14th century and there was already an iron ore working rented out when Broke bought the manor.Victoria County History: Shropshire, volume 11: Telford, chapter 13: Madeley – Economic history, s.5
/ref> It was to prove one of the focal points of England's
Industrial Revolution The Industrial Revolution, sometimes divided into the First Industrial Revolution and Second Industrial Revolution, was a transitional period of the global economy toward more widespread, efficient and stable manufacturing processes, succee ...
. In 1548 Broke bought the manor of Lapley from Sir Richard Manners. Formerly the demesne estate of Lapley Priory, this had been granted by
Henry V Henry V may refer to: People * Henry V, Duke of Bavaria (died 1026) * Henry V, Holy Roman Emperor (1081/86–1125) * Henry V, Duke of Carinthia (died 1161) * Henry V, Count Palatine of the Rhine (–1227) * Henry V, Count of Luxembourg (1216–1281 ...
to the College of St Bartholomew,
Tong, Shropshire Tong is a village and civil parish in Shropshire, also bordering Staffordshire in England. It is located between the towns of Shifnal, Newport and Brewood. It is near junction 3 of the M54 motorway and A41 road. The population of the village w ...
, which was the shrine church of the
Vernon family The Vernon family was a wealthy, prolific and widespread English family with 11th-century origins in Vernon, Normandy, France. Their extant titles include Baron Vernon and Vernon baronets of Shotwick Park. Vernon of Shipbrook, Cheshire William ...
of
Haddon Hall Haddon Hall is an English country house on the River Wye, Derbyshire, River Wye near Bakewell, Derbyshire, a former seat of the Duke of Rutland, Dukes of Rutland. It is the home of Lord Edward Manners (brother of David Manners, 11th Duke of Rut ...
. Manners acquired it at the abolition of colleges and chantries and was now in a position to sell this former church property for ready cash. Broke settled Lapley on his second wife, Dorothy Gatacre, at their marriage and she obtained it on his death. Broke's family resided generally in Shropshire. He visited Shropshire periodically to meet family and friends, but most of the time lived in one of his London houses, at Carter Lane or in
Putney Putney () is an affluent district in southwest London, England, in the London Borough of Wandsworth, southwest of Charing Cross. The area is identified in the London Plan as one of 35 major centres in Greater London. History Putney is an ...
.


Religious beliefs

Opinions on Broke's religious beliefs differ only in degree. The ''History of Parliament'' says: "There seems no doubt that Broke was a Catholic." The 1904 ''
Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
'' quotes, without attribution, the description "zealous Catholic," which the ''
Victoria County History The Victoria History of the Counties of England, commonly known as the Victoria County History (VCH), is an English history project which began in 1899 with the aim of creating an encyclopaedic history of each of the historic counties of Englan ...
'' account of his chief manor echoes with the more disparaging "zealous papist." In 1548, it was reported that Broke and Clement Smith, MP for
Maldon Maldon (, locally ) is a town and civil parish on the Blackwater Estuary in Essex, England. It is the seat of the Maldon District and starting point of the Chelmer and Blackwater Navigation. It is known for Maldon Sea Salt which is prod ...
, smiled and laughed "when they heard the priest at St. Gregory's by Paul's at his prayers at mass pray God to send the Council grace to turn from their erroneous opinions that they were in", although the allegation was later withdrawn. Broke's religious conservatism was a persistent theme of his life. He had served as commissioner for heresies for London in 1541, when Henry VIII's final persecution of Protestants was launched. The commission to
Edmund Bonner Edmund Bonner (also Boner; c. 15005 September 1569) was Bishop of London from 1539 to 1549 and again from 1553 to 1559. Initially an instrumental figure in the schism of Henry VIII from Rome, he was antagonised by the Protestant reforms introdu ...
, the
Bishop of London The bishop of London is the Ordinary (church officer), ordinary of the Church of England's Diocese of London in the Province of Canterbury. By custom the Bishop is also Dean of the Chapel Royal since 1723. The diocese covers of 17 boroughs o ...
is faithfully preserved in Foxe's Book of Martyrs, with a list of the names of those whose oaths were to be taken, including notably Broke himself, Cholmley and Gresham. However, in common with the Shropshire and Staffordshire gentry circle in which he moved, Broke showed no great sympathy for the power and wealth of the clergy. He worked to limit the power of the London clergy and later readily accepted lands expropriated from monasteries and chantries, using his power as Speaker to attempt to secure the purchases. Broke's attitude was generally strictly professional: he was willing to use his legal skills on behalf of employers or clients, irrespective of their religious inclinations or intentions, so it is never entirely safe to read his beliefs from his actions. Hence he worked on both the passage and the repeal of the 1551 Treason Act, which specifically forbade religious criticism of Edward VI. It was never likely that he would appear on the October 1553 Crown Office list of MPs as one of "those which stood for the true religion," in this case, Protestant. Only 60 names are marked, although they include two colleagues, Blundell and Marshe. Broke married within his own Catholic regional circle: the Gatacres were to become mainly
recusant Recusancy (from ) was the state of those who remained loyal to the Catholic Church and refused to attend Church of England services after the English Reformation. The 1558 Recusancy Acts passed in the reign of Elizabeth I, and temporarily repea ...
s, as were his own descendants.


Death

Broke's
inquisition post mortem An Inquisition post mortem (abbreviated to Inq.p.m. or i.p.m., and formerly known as an escheat) (Latin, meaning "(inquisition) after death") is an English medieval or early modern record of the death, estate and heir of one of the king's tenants-i ...
records that he died on 5 September 1558 at
Patshull Hall Patshull Hall is a substantial Georgian mansion house situated near Pattingham in Staffordshire, England. It is a Grade I listed building and by repute is one of the largest listed buildings in the county. History The Hall was built to designs ...
. However, his tomb inscription says that he died on 6 September, while "visiting his friends and country". The discrepancy is small and it is possible he died in the night, with the precise moment unknown. He was buried in Claverley Church. His chest tomb bears his effigy, clad in his gown of office, lying between his two wives, with his children in miniature around the sides. It is by far the finest tomb in the church. File:Claverley All Saints Robert Broke Anne Waring Dorothy Gatacre02.JPG, Effigies of Sir Robert Broke, Anne Waring, his first wife, and Dorothy Gatacre, his second wife File:Claverley All Saints - Anne Waring.JPG, Anne Waring, first wife of Robert Broke File:Claverley All Saints - Dorothy Gatacre.JPG, Dorothy Gatacre, second wife of Robert Broke File:Claverley All Saints - Robert Broke Anne Waring 01.JPG, Robert Broke and his first wife, Anne, with their arms File:Claverley All Saints - Robert Broke Anne Waring and children.JPG, Robert Broke and Anne Waring with children File:Claverley All Saints - Robert Broke children.JPG, More children of Robert Broke. File:Claverley All Saints - Robert Broke death date.JPG, Date of death of Robert Broke, 6 January 1558. His inquisition post mortem gives 5 January. File:Claverley All Saints - Robert Broke lion.JPG, Lion at the feet of Robert Broke effigy. Broke's will was dated 7 January 1558. The executors of the will included
Humphrey Moseley Humphrey Moseley (died 31 January 1661) was a prominent London publisher and bookseller in the middle seventeenth century. Life Possibly a son of publisher Samuel Moseley, Humphrey Moseley became a "freeman" (a full member) of the Stationers C ...
, a young lawyer and MP who was a close friend of Broke.S.T. Bindoff (editor): The History of Parliament: Members 1509–1558 – MOSELEY, Humphrey (Author: S.R Johnson)
/ref> The overseers were William Gatacre, his father-in-law; John and Richard Brooke, his eldest son by each marriage; and Richard Whorwood, his "clerk and cousin". Whorwood very briefly took wardship of John, as he reached his twenty-first birthday in June 1559. The estates were divided between John and Richard, although the widow, Dorothy, had Lapley and retained Madeley until her death. The other sons were given £40 each, with the proviso that they take up study or trade to earn a living "meet for a gentleman's son."


Family

Broke married twice and his will shows that he had seventeen children in all. His wives were: :*Anne Waring, daughter of Nicholas Waring of Shrewsbury, widow of
Nicholas Hurleston Nicholas Hurleston (by 1491 – will made 1531), of London, was an English politician. He was a Member of Parliament (MP) for Rochester in 1529. References 15th-century births 1531 deaths People from Rochester, Kent English MPs 1529– ...
, former MP for Rochester, who had died in 1531. Broke married Anne by 1537, and she gave birth to his eldest son, John, his main heir, and at least three other children before dying. ::*John Brooke inherited Broke's most important estate, Madeley, although he did not obtain it until the death of Dorothy Gatacre, around 1572. He died in 1598. :::* Basil Brooke (1576–1646), John's son and Robert's grandson, was a royalist conspirator, a noted wit and raconteur, and an important
ironmaster An ironmaster is the manager, and usually owner, of a forge or blast furnace for the processing of iron. It is a term mainly associated with the period of the Industrial Revolution, especially in Great Britain. The ironmaster was usually a larg ...
. Partly through economic necessity resulting from his recusancy, he sought to exploit the full industrial potential of the Madeley estate, establishing ironworks and even a steelworks at
Coalbrookdale Coalbrookdale is a town in the Ironbridge Gorge and the Telford and Wrekin borough of Shropshire, England, containing a settlement of great significance in the history of iron ore smelting. It lies within the civil parish called The Gorge, Shro ...
. :*Dorothy Gatacre, daughter of William Gatacre of Gatacre, near Claverley. Broke married Dorothy in 1544. She outlived Broke by about 14 years. They had at least four daughters and five sons, including: ::*Richard Brooke, who inherited part of Broke's property as the eldest son of the marriage.


References


External links

* {{DEFAULTSORT:Broke, Robert Year of birth missing 1558 deaths Lawyers from Shropshire Alumni of the University of Oxford Chief justices of the common pleas Knights Bachelor Members of the Middle Temple Serjeants-at-law (England) Common Serjeants of London Recorders of London Speakers of the House of Commons of England English legal writers 16th-century English writers 16th-century English male writers People associated with the Dissolution of the Monasteries Members of the Parliament of England for the City of London English MPs 1545–1547 English MPs 1547–1552 English MPs 1553 (Edward VI) English MPs 1553 (Mary I) English MPs 1554 16th-century English judges 16th-century English lawyers Politicians from Shropshire English Roman Catholics Recusants