Simon Fitz-Richard
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Sir Simon Fitz-Richard (died c.1348 ) was an Irish landowner,
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
and
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
. He became
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 ...
, and fought a long and successful campaign against the efforts of his enemies to remove him from office, despite the numerous accusations of
corruption Corruption is a form of dishonesty or a criminal offense that is undertaken by a person or an organization that is entrusted in a position of authority to acquire illicit benefits or abuse power for one's gain. Corruption may involve activities ...
which were made against him.


Career

He was probably a native of
County Louth County Louth ( ; ) is a coastal Counties of Ireland, county in the Eastern and Midland Region of Republic of Ireland, Ireland, within the Provinces of Ireland, province of Leinster. Louth is bordered by the counties of County Meath, Meath to the ...
, where he later owned land, and he also held land in
County Kildare County Kildare () is a Counties of Ireland, county in Ireland. It is in the Provinces of Ireland, province of Leinster and is part of the Eastern and Midland Region. It is named after the town of Kildare. Kildare County Council is the Local gove ...
. He benefited from the patronage of
Maurice FitzGerald, 4th Earl of Kildare Maurice FitzThomas FitzGerald, 4th Earl of Kildare (1318 - 25 August 1390) was a prominent Irish nobleman in the Peerage of Ireland who held the office of Lord Justice of Ireland. The second son of Thomas FitzGerald, 2nd Earl of Kildare by his ...
and other members of the-
FitzGerald dynasty The FitzGerald dynasty is a Hiberno-Norman noble and aristocratic dynasty, originally of Cambro-Normans, Cambro-Norman and Anglo-Normans, Anglo-Norman origin. They have been Peerage of Ireland, peers of Ireland since at least the 13th centur ...
As a very young man he may have visited
Flanders Flanders ( or ; ) is the Dutch language, Dutch-speaking northern portion of Belgium and one of the communities, regions and language areas of Belgium. However, there are several overlapping definitions, including ones related to culture, la ...
.Mackay, Ronan "Fitzrichard, Simon" ''Cambridge Dictionary of Irish Biography 2009'' He was appointed Deputy
Escheator Escheat () is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to ...
of Louth about 1315, and was given custody of the
temporalities Temporalities or temporal goods are the secular properties and possessions of the church. The term is most often used to describe those properties (a '' Stift'' in German or ''sticht'' in Dutch) that were used to support a bishop or other religious ...
of the Archdiocese of Armagh in 1321. During the Scottish Invasion of Ireland of 1315-18, Fitz-Richard took part in an official inquiry into the conduct of "the King's enemy" Walter de Lacy, who was accused of joining
Edward Bruce Edward Bruce, Earl of Carrick (Norman French: ; ; Modern Scottish Gaelic: or ; 1280 – 14 October 1318), was a younger brother of Robert the Bruce, King of Scots. He supported his brother in the 1306–1314 struggle for the Scottish cro ...
, who led the invasion, in
Ulster Ulster (; or ; or ''Ulster'') is one of the four traditional or historic provinces of Ireland, Irish provinces. It is made up of nine Counties of Ireland, counties: six of these constitute Northern Ireland (a part of the United Kingdom); t ...
, and of Walter's father-in-law, Sir Richard de Exeter, who was Simon's predecessor as Chief Justice. Walter de Lacy suffered forfeiture of his estates, but no action was taken against de Exeter. Simon appears as a
Crown prosecutor Crown prosecutor is the title given in a number of jurisdictions to the state prosecutor, the legal party responsible for presenting the case against an individual in a criminal trial. The title is commonly used in Commonwealth realms. Examples * ...
in the 1320s and in 1326 he became the King's Serjeant, with a salary of £5 a year. In 1331 he became a puisne justice of the
Court of Common Pleas (Ireland) The Court of Common Pleas was one of the principal courts of common law in Ireland. It was a mirror image of the equivalent court in England. Common Pleas was one of the four courts of justice which gave the Four Courts in Dublin, which is sti ...
and in 1335 he was appointed Chief Justice of the Common Pleas.Ball, F. Elrington ''The Judges in Ireland 1221-1921'' John Murray London 1926 Vol. 1, p. 71 He held lands in Louth and
Ulster Ulster (; or ; or ''Ulster'') is one of the four traditional or historic provinces of Ireland, Irish provinces. It is made up of nine Counties of Ireland, counties: six of these constitute Northern Ireland (a part of the United Kingdom); t ...
and at
Maynooth Maynooth (; ) is a university town in north County Kildare, Ireland. It is home to Maynooth University (part of the National University of Ireland and also known as the National University of Ireland, Maynooth) and St Patrick's College, Maynoo ...
, County Kildare, and was granted
Gormanston, County Meath Gormanston () is a village in County Meath, Ireland. It is near the mouth of the River Delvin and the northern border of County Dublin. History Archaeology A group of passage graves on either side of the mouth of river Delvin, known as the Bre ...
as a reward for unspecified losses in the King's service, as well as receiving a payment of £100 from the
Exchequer of Ireland The Exchequer of Ireland was a body in the Kingdom of Ireland tasked with collecting The Crown, royal revenue. Modelled on the Exchequer, English Exchequer, it was created in 1210 after King John of England applied English law and legal structure ...
. On the death of
John de Bermingham, 1st Earl of Louth John de Bermingham, 1st and last Earl of Louth (died 13 June 1329) was an Irish peer. He was the commander of the Anglo-Irish army in the Battle of Faughart, the decisive battle in the Irish Bruce Wars 1315–1318. In this battle, Edward Bru ...
, who was killed by his own
tenants A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a lea ...
in the
Braganstown Massacre The Braganstown massacre took place on 9 June, 1329 in Braganstown, modern County Louth, Ireland. A mob of angry tenants attacked and killed the local lord, John de Bermingham, and around 160 of his relatives and followers. Background Born ...
of 1329, FitzRichard was granted
wardship In law, a ward is a minor or incapacitated adult placed under the protection of a legal guardian or government entity, such as a court. Such a person may be referenced as a "ward of the court". Overview The wardship jurisdiction is an ancient ju ...
of the Earl's two daughters and co-heiresses, Catherine and Maud: presumably it was he who arranged their marriages, to Edmund Lacy and Sir William Tealing respectively. He had a royal
licence A license (American English) or licence (Commonwealth English) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another part ...
to export
corn Maize (; ''Zea mays''), also known as corn in North American English, is a tall stout Poaceae, grass that produces cereal grain. It was domesticated by indigenous peoples of Mexico, indigenous peoples in southern Mexico about 9,000 years ago ...
. He acquired great wealth, and by 1336 he was rich enough to make a
merchant A merchant is a person who trades in goods produced by other people, especially one who trades with foreign countries. Merchants have been known for as long as humans have engaged in trade and commerce. Merchants and merchant networks operated i ...
a loan of £1000: they later went into partnership.


Judge- allegations of corruption

During the 1330s complaints were made to the
English Crown This list of kings and reigning queens of the Kingdom of England begins with Alfred the Great, who initially ruled Wessex, one of the seven Anglo-Saxon kingdoms which later made up modern England. Alfred styled himself king of the Anglo-Sax ...
about the poor quality of the Irish administration, and in particular about the failings of the Irish-born judges. In 1337 Thomas Charlton,
Bishop of Hereford The Bishop of Hereford is the Ordinary (officer), ordinary of the Church of England Diocese of Hereford in the Province of Canterbury. Until 1534, the Diocese of Hereford was in full communion with the Roman Catholic Church and two of its bishop ...
, was appointed
Lord Chancellor of Ireland The Lord High Chancellor of Ireland, commonly known as the Lord Chancellor of Ireland, was the highest ranking judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 until the end of 1800, it was also the hi ...
, with specific instructions to remove from the Bench those Irish judges who were considered to be unfit for office, and to find English replacements.Otway-Ruthven, A.J. ''History of Medieval Ireland'' Reprinted Barnes and Noble New York 1993 pp.157, 233 Fitz-Richard, who had a bad reputation for corruption, and frequently took
bribes Bribery is the corrupt solicitation, payment, or acceptance of a private favor (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official duty, to act contrar ...
in return for giving a favourable judgment, was one of those marked for dismissal. Robert de Scardeburgh, Fitz-Richard's predecessor in the Common Pleas, was nominated to take his place but did not come over to Ireland. Fitz-Richard went to England where he pleaded his case before the King: he was reappointed as Chief Justice and given various tokens of royal favour.


Later life

He resigned from the Chief Justiceship in 1341; this was probably in connection with the charges of corruption and
maladministration Maladministration is the actions of a government body which can be seen as causing an injustice. The law in the United Kingdom says Ombudsmen must investigate maladministration. The definition of maladministration is wide and can include: *Del ...
which had been made against him and other Irish judges, including Elias de Asshebournham. The following year he was accused of
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
in England and arrested for
trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery ...
in Ireland, but nothing seems to have come of these charges, possibly due to the influence of the Earl of Kildare, to whom he remained close. He did however forfeit a number of privileges which the King had granted him. In 1355 yet another complaint about his conduct as a judge came to the King's attention. One John de la Pulle, accused of
assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
by Margery Poe, complained that Fitz-Richard and his colleague John Gernoun had simply adjourned the case without giving judgement, to John's great prejudice. Fitz-Richard's successor
Thomas de Dent Thomas de Dent, Thomas Dyvelyn, Thomas Denton, or Thomas of Dublin (died after 1361) was an English-born cleric and judge who held high office in Ireland during the reign of King Edward III, and was praised as a diligent and hard-working Crown of ...
was ordered to make a full inquiry and remedy any injustice done.''Close Roll 19 Edward III'' He went to England in 1348 on official business: while there he stood
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when ...
for Kildare, who had recently been arrested and
imprisoned Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Impri ...
due to suspicions about his loyalty to the English Crown. Fitz-Richard was
knighted A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...
in the same year, but is thought to have died shortly afterwards. Towards the end of his life, he sold much of his substantial landholdings in County Louth. He married a daughter of Thomas FitzOvery.


References

{{DEFAULTSORT:Fitz-Richard, Simon Serjeants-at-law (Ireland) 1340s deaths People from County Louth 14th-century Irish judges Year of birth unknown Chief justices of the Irish Common Pleas