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Death of Maurice FitzThomas FitzGerald, 1st Earl of Desmond

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Maurice FitzThomas FitzGerald, 1st Earl of Desmond, Irish nobleman in the Peerage of Ireland, Captain of Desmond Castle in Kinsale, so-called ruler of Munster, and for a short time Lord Justice of Ireland, dies at Dublin Castle on January 25, 1356.

FitzGerald is the second son of Thomas FitzMaurice FitzGerald, 2nd Baron Desmond by his wife Margaret. His father dies in 1296 when he is still a child. He succeeds his elder brother Thomas FitzGerald, 3rd Baron Desmond as 4th Baron Desmond in 1307, and also inherits great wealth and large estates.

By 1326 FitzGerald’s influence is such that there are rumours of a conspiracy to make him King of Ireland. Modern historians tend to dismiss the story, on the ground that the alleged conspirators were other magnates who were more interested in increasing their own power than aggrandising FitzGerald.

FitzGerald is created Earl of Desmond by Letters Patent dated at Gloucester, England, August 27, 1329, by which patent also the county palatine of Kerry is confirmed to him and his male heirs, to hold of the Crown by the service of one knight’s fee. This is part of a Crown policy of attempting to win the support of the magnates by conferring earldoms on them.

In January 1330 FitzGerald is summoned by Sir John Darcy, Lord Justice of Ireland, to fight armed Irish rebels, with a promise of the King’s pay. It is FitzGerald who introduces the practice of Coigne and Livery, the quartering of troops on the inhabitants of the district they are sent to protect.

Accepting the King’s proposal, in addition to dealing with Munster and Leinster, FitzGerald routs the O’Nolans and O’Murroughs and burns their lands in County Wicklow and forces them to give hostages. He recovers the castle of Ley from the O’Dempsies, and has a liberate of £100 sterling dated at Drogheda August 24, 1335, in return for the expense he has incurred in bringing his men-at-arms, hobelars, and foot-soldiers, from various parts of Munster to Drogheda, and there, with Lord Justice Darcy, disperses the King’s enemies.

In 1331 there are further rumours of an attempt to make him King. Although there seems to be no foundation for them, the Crown takes them seriously enough to imprison FitzGerald for several months. He is released when a number of fellow nobles stand surety for his good behaviour.

In 1339 FitzGerald is engaged against Irish rebels in County Kerry where it is said he slays 1,400 men, and takes Nicholas, Lord of Kerry, prisoner, keeping him confined until he dies as punishment for siding with the rebels against the Crown.

The same year FitzGerald is present in the parliament held in Dublin. He is summoned by Writ dated at Westminster July 10, 1344, with Maurice, Earl of Kildare, and others, to attend the King at Portsmouth “on the octaves of the nativity of the Virgin Mary,” with twenty men-at-arms and fifty hobelars, at his own expense, to assist in the war against Philip V of France.

FitzGerald, who has long been acting “with a certain disregard for the niceties of the law” now decides on open rebellion. In 1345 he presides at an assembly of Anglo-Irish magnates at Callan, County Kilkenny, ignores a summons to attend the Irish Parliament and attacks Nenagh. He is a formidable opponent, and for the next two years his defeat is the main preoccupation of the Crown. He surrenders on a promise that his life will be spared. He is imprisoned and his lands forfeited. He is allowed to go under guard to England to answer the charges against him.

By no means for the last time, the Crown evidently decides that it cannot govern Ireland without the magnates’ support. In 1348 FitzGerald is released and pardoned in 1349. His loyalty does not seem to have been in question during the last years of his life.

In July 1355 FitzGerald is appointed Lord Justice of Ireland for life, dying, however, the following January in Dublin Castle. He is interred in the Church of the Friars-Preachers in Tralee.


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Alan Brodrick Appointed Lord Chief Justice of the Court of Queen’s Bench

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Alan Brodrick, 1st Viscount Midleton, a leading Anglo-Irish lawyer and politician of the early eighteenth century, is appointed Lord Chief Justice of the Court of Queen’s Bench on December 24, 1709. He is a man of great gifts, but so hot-tempered and passionate that even Jonathan Swift is said to have been afraid of him.

Brodrick is the second son of Sir St. John Brodrick of Ballyannan, near Midleton in County Cork, by his wife Alice, daughter of Laurence Clayton of Mallow, County Cork. His father receives large land grants during The Protectorate, and thus the family has much to lose if the land issue in Ireland is settled to the satisfaction of dispossessed Roman Catholics. He is educated at Magdalen College, Oxford and the Middle Temple, being called to the English bar in 1678. He and his relatives flee Ireland during the Glorious Revolution. They are attainted under the rule of King James II in Ireland. In exile in England, Brodrick argues for a speedy reconquest.

In 1690 Brodrick returns to Dublin and is given the legal office of Third Serjeant. He also becomes Recorder of Cork. He is dismissed as Serjeant in 1692, apparently on the ground that there is no work for him to do. While complaining bitterly about his dismissal, he admits privately that his post has been a superfluous one.

As a prominent Whig supporter of the outcome of the Glorious Revolution he is not always in agreement with court policies in Ireland, which he considers too lenient on the Jacobites. The dismissal of the First Serjeant, John Osborne, at the same time as Brodrick is due to his even stronger opposition to Court policy. Despite this he often holds Irish government offices and aspires to manage the Irish Parliament for English ministers. He represents Cork City in the Irish Parliament, which meets in 1692 and holds this seat until 1710. He is a vocal opponent of court policies, until the new Whig Lord Deputy of Ireland, Lord Henry Capell, decides to appoint him Solicitor-General for Ireland in 1695. He promotes penal laws against Catholics, whilst also supporting greater powers for the Irish Parliament.

Brodrick is Speaker of the Irish House of Commons from September 21, 1703. After promoting resolutions critical of the Lord Lieutenant of Ireland he loses his post as Solicitor-General in 1704. From 1707 until 1709 he is Attorney-General for Ireland. He becomes Chief Justice of Ireland in 1710 and is replaced as Speaker on May 19, 1710, but again holds the office in the next Parliament (November 25, 1713 – August 1, 1714), where he also represents County Cork. He is appointed Lord Chancellor of Ireland in 1714 and is ennobled in the Peerage of Ireland in 1715, as the 1st Baron Brodrick. He is advanced to the rank of 1st Viscount Midleton in 1717.

Brodrick feuds with his successor as Speaker William Conolly, as they are rivals to be the leading figure in Irish politics. Despite intrigues in England, he loses out and resigns as Lord Chancellor in 1725. He leaves behind him a legacy of bitterness and ill-will for which he is not really responsible as the Irish peers choose to blame him for the loss of their powers under the Sixth of George I, rather than their own misjudgment in imprisoning the Barons of the Exchequer.