Thomas De Dent
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Thomas de Dent, Thomas Dyvelyn, Thomas Denton, or Thomas of Dublin (died after 1361) was an English-born cleric 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 ...
who held high office in Ireland during the reign of King
Edward III Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England from January 1327 until his death in 1377. He is noted for his military success and for restoring royal authority after t ...
, and was praised as a diligent and hard-working Crown official, who damaged his health through overwork.''Close Roll 29 Edward III 30 July 1355'' He was born at Dent, then in the
West Riding of Yorkshire The West Riding of Yorkshire was one of three historic subdivisions of Yorkshire, England. From 1889 to 1974 the riding was an administrative county named County of York, West Riding. The Lord Lieutenant of the West Riding of Yorkshire, lieu ...
(now in
Cumbria Cumbria ( ) is a ceremonial county in North West England. It borders the Scottish council areas of Dumfries and Galloway and Scottish Borders to the north, Northumberland and County Durham to the east, North Yorkshire to the south-east, Lancash ...
), and may have been the son of John de Dent.Ball p.74 During his years in Ireland he was sometimes known as Thomas Dyvelyn, which was an early form of "Thomas of
Dublin Dublin is the capital and largest city of Republic of Ireland, Ireland. Situated on Dublin Bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, and is bordered on the south by the Dublin Mountains, pa ...
",''National Archives'' SC/8/44/2189 or as Thomas Denton. His petition to the Crown in 1358, confusingly, calls him both Thomas Dent and Thomas Dyvelyn. He took
holy orders In certain Christian denominations, holy orders are the ordination, ordained ministries of bishop, priest (presbyter), and deacon, and the sacrament or rite by which candidates are ordained to those orders. Churches recognizing these orders inclu ...
, and became a clerk in the Royal service. He is first heard of in 1331 as the defendant in a lawsuit for
poaching Poaching is the illegal hunting or capturing of wild animals, usually associated with land use rights. Poaching was once performed by impoverished peasants for subsistence purposes and to supplement meager diets. It was set against the huntin ...
and
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 ...
at
Ingleton, North Yorkshire Ingleton is a village and civil parish in North Yorkshire, England. The village is from Kendal and from Lancaster on the western side of the Pennines. It is from Settle. The River Doe and the River Twiss meet to form the source of the ...
brought by John, 3rd Lord Mowbray; John de Dent, who was possibly his father, was named as co-defendant.


Early career

Lord Mowbray's
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 ...
against him in no way impeded his career as a lawyer. He came to Ireland to serve as King's Attorney (the office which was later called Serjeant-at-law, not Attorney General for Ireland; his actual title was King's Advocate) in 1331. He quickly became a trusted member of the Irish administration and in 1332 was sent to
Westminster Westminster is the main settlement of the City of Westminster in Central London, Central London, England. It extends from the River Thames to Oxford Street and has many famous landmarks, including the Palace of Westminster, Buckingham Palace, ...
to report on the political crisis which had led to the imprisonment of Maurice FitzGerald, 1st Earl of Desmond and other
Anglo-Irish Anglo-Irish people () denotes an ethnic, social and religious grouping who are mostly the descendants and successors of the English Protestant Ascendancy in Ireland. They mostly belong to the Anglican Church of Ireland, which was the State rel ...
nobles.


Judge

In 1334 he was appointed a 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 ...
.Hart p.167 He was transferred to the
Court of King's Bench (Ireland) The Court of King's Bench (of Queen's Bench when the sovereign was female, and formerly of Chief Place or Chief Pleas) 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 King's Ben ...
in 1337. He became
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 ...
in 1341, as part of a widespread reform of the Irish judiciary, which included the replacement of Irish-born personnel with English judges. This was a common remedy of the English Crown for complaints about the
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 ...
and inefficiency of the Irish government, and on this occasion reflected the King's personal preference for English over
Anglo-Irish Anglo-Irish people () denotes an ethnic, social and religious grouping who are mostly the descendants and successors of the English Protestant Ascendancy in Ireland. They mostly belong to the Anglican Church of Ireland, which was the State rel ...
Crown servants. Sir Ralph d'Ufford,
Lord Lieutenant of Ireland Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the K ...
1344-6, pursued a vigorous policy of filling the administration with his own men. Dent later complained that for some time he sat on the Court of King's Bench alone, with no puisne justices to assist him. He returned briefly to England by 1343, when he served on a Royal Commission at
Kendal Kendal, once Kirkby in Kendal or Kirkby Kendal, is a market town and civil parish in the unitary authority of Westmorland and Furness, England. It lies within the River Kent's dale, from which its name is derived, just outside the boundary of t ...
, but was back in Ireland the following year. In 1347 he was appointed to head a commission of
oyer and terminer In English law, oyer and terminer (; a partial translation of the Anglo-French , which literally means 'to hear and to determine') was one of the commissions by which a judge of assize sat. Apart from its Law French name, the commission was also ...
to investigate the activities of Hugh de Burgh, who was accused of "oppression", i.e.
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 ...
, as
Lord Treasurer of Ireland The Lord High Treasurer of Ireland was the head of the Exchequer of Ireland, and chief financial officer of the Kingdom of Ireland. The designation ''High'' was added in 1695. After the Acts of Union 1800 created the United Kingdom of Great Brit ...
. There is an entry in the Close Rolls for 1347 ordering payment to him of 10 marks, stated to be in part payment of his full salary of 40 marks per annum.''Close Roll 21 Edward III '' He was appointed
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 ...
, then often titled "Chief Justice of the Dublin Bench", and served in that office from 1344–58. In 1345 he received a rather stern communication from King
Edward III Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England from January 1327 until his death in 1377. He is noted for his military success and for restoring royal authority after t ...
and his Privy Council, concerning a case 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 ...
brought by Margery Poe against John de la Pulle. John complained that the case had been repeatedly adjourned by Denton's colleagues Simon Fitz-Richard and John Gernoun, "through the intervention of error", to John's great prejudice.''Close Roll 19 Edward III 24 November 1345'' Denton was ordered to examine the records and report to the
Justiciar of Ireland The chief governor was the senior official in the Dublin Castle administration, which maintained English and British rule in Ireland from the 1170s to 1922. The chief governor was the viceroy of the English monarch (and later the British monar ...
, so that the Justiciar could take whatever action was necessary to remedy the injustice. Denton stepped down as Chief Justice of the Pleas in 1358, due by his own account to his "infirmity". His
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. ...
, according to his own petition for payment of it, which is partly corroborated by the Close Rolls, was seriously in arrears when he retired. He was granted a
lease A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
for the term of his life of the royal manor of Esker, near
Lucan Marcus Annaeus Lucanus (3 November AD 39 – 30 April AD 65), better known in English as Lucan (), was a Roman poet, born in Corduba, Hispania Baetica (present-day Córdoba, Spain). He is regarded as one of the outstanding figures of the Imper ...
in
County Dublin County Dublin ( or ) is a Counties of Ireland, county in Republic of Ireland, Ireland, and holds its capital city, Dublin. It is located on the island's east coast, within the Provinces of Ireland, province of Leinster. Until 1994, County Dubli ...
in 1351: Esker was often leased out to royal servants who were in high favour with the Crown; the previous tenant had been Roget Darcy, Constable of Newcastle Mackynegan (presumably the same Roger who was briefly Justiciar of Ireland). In 1355, on his own petition, Thomas was granted a special allowance of £13 for his "great and strenuous labours" in 1354-5, when he served as Chief Justice without any puisne judges to assist him, injuring his own heath thereby, and for his general diligence in the King's business.


Petition for payment of his salary

He is last heard of in 1361, when he was visiting England. He was still in the King's service at the time, but probably retired soon afterwards. He may have been in some financial distress in his last years, judging by his petition to the
English Parliament The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised th ...
asking for payment of the sums due to him, which was evidently written shortly after he left office in 1358. According to the petition he was forced to step down as Chief Justice due to ill health, and his fees were now seriously in arrears. We know from the Close Rolls that in 1347 he was paid 10 marks instead of the 40 due. He requested that the arrears be paid from the King's Treasury in England or any other suitable source.


References

Notes Sources * Ball, F. Elrington ''The Judges in Ireland 1221-1921'' London John Murray 1926 *''Close Rolls of Edward III 1345 and 1355'' *Hart, A. R. ''A History of the King's Serjeants-at-law in Ireland'' Dublin Four Courts Press 2000 *Mackay, Ronan "Dent, Thomas" Cambridge Dictionary of Irish Biography *Smyth, Constantine Joseph '' Chronicle of the Law Officers of Ireland'' Henry Butterworth London 1839 {{authority control Lords chief justice of Ireland People from Sedbergh 1361 deaths Serjeants-at-law (Ireland) People from Dent, Cumbria 14th-century Irish judges