Stephen De Bray
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Stephen de Bray (died 1440 or 1441) was an Irish judge, who was notable for his lengthy tenure as
Lord Chief Justice of Ireland The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The Lord Chief Justice was the most senior judge ...
. He was probably the son of the elder Stephen de Bray who also held high judicial office in Ireland, being appointed
Chief Baron of the Irish Exchequer The Chief Baron of the Irish Exchequer was the Baron (judge) who presided over the Irish Court of Exchequer. This was a mirror of the equivalent court in England, and was one of the four courts which sat in the building in Dublin which is still ...
in 1376 and
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 ...
in 1380. Little is known of their background, although the family name suggests that they came from Bray, County Wicklow. Not much is known of the younger Stephen's career until 1397 when he was appointed Lord Chief Justice.Ball p.179 At the same time he was appointed a member of the council which advised
Roger Mortimer, 4th Earl of March Roger de Mortimer, 4th Earl of March, 6th Earl of Ulster (11 April 137420 July 1398) was an English nobleman. He was considered the heir presumptive to King Richard II, his mother's first cousin, which made him a great-grandson of King Edward ...
, the
Lord Deputy of Ireland The Lord Deputy was the representative of the monarch and head of the Irish executive (government), executive under English rule, during the Lordship of Ireland and then the Kingdom of Ireland. He deputised prior to 1523 for the Viceroy of Ireland ...
. In 1403 the Crown gave him the crucial power to issue writs of
novel disseisin In English law, the assize of novel disseisin ("recent dispossession"; ) was an action to recover lands of which the plaintiff had been disseised, or dispossessed. It was one of the so-called "petty (possessory) assizes" established by Henry II of ...
and other important
writs In common law, a writ 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, and ''certiorari'' are common types of writs ...
, in those parts of Ireland which were so remote from the Chancery that it was not feasible to affix the
Great Seal of Ireland The Great Seal of Ireland was the Seal (emblem), seal used until 1922 by the Dublin Castle administration to authenticate important state documents in Ireland, in the same manner as the Great Seal of the Realm in England. The Great Seal of Irela ...
to them.''Patent Roll 4 Henry IV '' In 1404 his patent of office was renewed in the presence of the
Privy Council of Ireland His or Her Majesty's Privy Council in Ireland, commonly called the Privy Council of Ireland, Irish Privy Council, or in earlier centuries the Irish Council, was the institution within the Dublin Castle administration which exercised formal executi ...
.''Patent Roll 7 Henry IV '' McGee calls him "one of the wisest statesmen of
the Pale The Pale ( Irish: ''An Pháil'') or the English Pale (' or ') was the part of Ireland directly under the control of the English government in the Late Middle Ages. It had been reduced by the late 15th century to an area along the east coast s ...
". This verdict is borne out by the fact that, with two short intervals, he held the office of Lord Chief Justice for 38 years. In 1407, it appears that John Bermyngham was nominated to succeed him, but this was clearly against Bray's wishes since he succeeded in blocking Bermyngham's appointment, and remained in office for the next 25 years: the Crown ordered that he receive "the same fees and wages as before". The two judges sat together that year on an inquisition requested by the Abbot of St. Mary's Abbey, Dublin into the boundaries of the
township A township is a form of human settlement or administrative subdivision. Its exact definition varies among countries. Although the term is occasionally associated with an urban area, this tends to be an exception to the rule. In Australia, Canad ...
of Kilternan, which was part of the Abbey's lands..''Close Roll 8 Henry IV '' In 1422 the Crown granted him
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 a very wealthy minor, Thomas Marward,
Baron Skryne Baron Skryne was the title of the holder of an Irish feudal barony: the title derived from the parish of Skryne, or Skreen, in County Meath. It was not recognised as a barony in the Peerage of Ireland, but was habitually used firstly by the de Feyp ...
, whose father, also Thomas, had been killed a few years earlier.D'Alton, John ''History of Drogheda'' Privately Published Dublin 1844 p.111 Another glimpse we have of him in his official role is in 1432, when he and his fellow Chief Justice John Blakeney were appointed with two other judges to hear a case of
novel disseisin In English law, the assize of novel disseisin ("recent dispossession"; ) was an action to recover lands of which the plaintiff had been disseised, or dispossessed. It was one of the so-called "petty (possessory) assizes" established by Henry II of ...
concerning lands in
The Curragh The Curragh ( ; ) is a flat open plain in County Kildare, Ireland. This area is well known for horse breeding and training. The Irish National Stud is on the edge of Kildare town, beside the Irish National Stud#The Japanese Gardens, Japane ...
,
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 ...
.''Patent Roll 10 Henry VI'' He retired in 1435, when he must have been well advanced in years, and died in 1440 or 1441. After his death his widow Katherine was embroiled in litigation with
James Butler, 4th Earl of Ormond James may refer to: People * James (given name) * James (surname) * James (musician), aka Faruq Mahfuz Anam James, (born 1964), Bollywood musician * James, brother of Jesus * King James (disambiguation), various kings named James * Prince Ja ...
, whom she accused of withholding monies due to her. The details of the
lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...
are hard for a modern reader to follow, but it was considered serious enough to be referred to the
Privy Council of England The Privy Council of England, also known as His (or Her) Majesty's Most Honourable Privy Council (), was a body of advisers to the List of English monarchs, sovereign of the Kingdom of England. Its members were often senior members of the House ...
, probably because Katherine's cause was supported by Ormonde's numerous political enemies.Nicolas, Sir Nicholas Harris ''Proceedings and Ordinances of the Privy Council of England'' 1835 p.328 Separately the Irish Privy Council ordered payment to Katherine of the substantial arrears of
salary A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis. ...
owed to her late husband.Smyth, Constantine Joseph ''Chronicle of the Law Officers of Ireland'' London Butterworths 1839


References

1440s deaths People from Bray, County Wicklow Year of birth unknown Lords chief justice of Ireland 15th-century Irish judges Lawyers from County Wicklow {{Ireland-law-bio-stub