320:, is difficult to say. The verdict aroused a good deal of popular unease, due to the dubious quality of the evidence and the apparent bias of the judges. The Crown had rewarded Nugent generously, and it is difficult to see what he had to gain by rebellion. However he and his nephew William were close, and it is possible that he knew of William's plans: even if he disapproved of them, this would arguably make him guilty of misprision of treason. Against that, public opinion seems to have leaned strongly towards a belief in his complete innocence.
240:, and it seems that much of the trial was taken up by Dillon defending himself against charges of misconduct. To bolster the evidence, Grey claimed that Nicholas had privately confessed his guilt to Mr Waterhouse, a royal clerk. Whether or not the judges came to the trial with their minds made up, they seem to have had little doubt as to the verdict which the jury should bring in. According to later reports the jury wished to acquit Nugent, and it required considerable efforts by the judges to make them convict.
1108:
89:; they had one surviving son, Richard. Nicholas was given the wardship of his stepdaughter, who was also named Janet. The younger Janet, styled Baroness Skryne, was a considerable heiress and Nicholas resolved that she should marry his nephew William. The marriage duly took place, but only after William caused a scandal by
176:, had doubts about the wisdom of Sidney's taxation policy, as after some reflection did the Queen herself. Gerard thought highly of Nugent, and it was on his recommendation that he was made Chief Justice in 1580. Within little over a year, however, the actions of his nephews brought about his downfall.
231:
The law then required two witnesses to an act of treason, but at Nugent's trial only one witness, John Cusack, appeared to testify that Nugent knew of and encouraged
William's rebellion. Nugent, like all those charged with treason in Ireland until the middle of the eighteenth century, was denied the
260:
A story quickly circulated that Robert Dillon, at the hanging, remarked: "Friend Nugent, I am even with you now for coming between me and my place (i.e the office of Chief
Justice)". Elrington Ball doubts the truth of the story, but as he remarks the fact that it was told at all is an indication of
247:
writes that until the 1670s it was considered quite proper for a judge to bring strong pressure on a jury to find the "right" verdict (i.e. guilty), and the practice of a judge "suggesting" that the jury bring in the required verdict continued into the 1690s. Further, the jury would probably have
168:. He was twice suspended from office in 1577–78 and imprisoned, but was restored to favour after making his submission. The controversy does not seem to have created any serious concerns about his loyalty, no doubt because many other eminent lawyers also opposed the cess. Even the
74:, the sixth Baron, and William. His mother made two further marriages: her second husband was Sir Gerald FitzGerald, Knight Marshal of Ireland, and after his death, she married thirdly John Parker, who was a senior judge and a key figure in the Dublin administration.
280:
soon after the trial, thought that Robert Dillon's conduct at the Nugent trial, in particular, had been disgraceful, but argued pragmatically that those like Dillon who did the Queen good service should not be "pressed hard" for anything less than a
224:, who had replaced Nugent on the Court of Exchequer. In contrast to the modern view that judges should come to a case without bias, these men seem to have been chosen precisely because they knew Nugent personally. He did however have the benefit of
208:, has been described as seeing his role of Deputy as "a largely military one". Perhaps for this reason the unusual decision was taken to conduct Nugent's trial for treason in a manner which, according to critical historians, "had the appearance of
236:, but given his own legal expertise this was presumably less of a difficulty for him than it would have been for a layman, and he conducted his own defence with great spirit. He accused Robert Dillon of having bribed Cusack to commit
285:. Sir Robert's cousin Lucas escaped any serious censure for his part in Nugent's death, largely because he had always been a favourite of the Queen, and after a brief period of coolness, she restored him to favour.
124:
On his return to
Ireland, Nugent advanced rapidly in his career: he was made Solicitor-General for Ireland in 1565, elevated to the bench as Baron of the Court of Exchequer, and was recommended for the office of
269:, who had been convicted along with Nugent. Rightly or wrongly this was taken as a tacit admission that Nugent had been innocent, as was the later decision to restore his forfeited estates to his son Richard.
188:, and when William was exempted from the general pardon after the rebellion, he took up arms. Nicholas' lifelong enemy, Sir Robert Dillon, who had been passed over as Chief Justice in Nugent's favour, went to
183:
was deeply suspect: Lord Delvin was to die in prison awaiting trial in 1602 and, while
William was eventually pardoned, this came too late to save his uncle. Both were suspected of supporting the rebellion of
483:
272:
A few years later the then Lord Deputy of
Ireland recommended that only English judges be appointed in Ireland, as Irish-born judges decided cases purely on family or local loyalties.
243:
Nugent was found guilty, along with his co-accused Edward Cusack, and hanged at Trim on 13 April. There were claims that the jury were coerced by the judges, which is likely enough.
104:, was there at the same time, and their lifelong enmity seems to have begun when they were students: in 1560 they were ordered by the Benchers of the Inn to stop fighting, and were
1157:
70:
and his third wife Alison
Fitzsimon. His father predeceased his grandfather and the title passed to Nicholas' elder brother Richard, who died in 1559, leaving two sons:
216:, rather than Dublin, allegedly for convenience, and Grey appointed a special commission to assist him, which included Sir Robert Dillon, his cousin the Chief Baron
248:
been aware that the Crown had the right to punish jurors for acquitting an accused person in the face of strong evidence of their guilt, as would happen to a
476:
173:
698:
1111:
469:
185:
35:
858:
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1043:
988:
205:
703:
67:
1147:
1008:
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708:
688:
683:
633:
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588:
533:
1142:
1137:
978:
963:
713:
1028:
928:
828:
573:
1053:
1013:
883:
868:
753:
673:
603:
593:
447:
Cambridge
University Press 2nd Edition 1986 pp.392-3; the practice of coercing juries continued for several decades afterwards.
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1033:
728:
693:
958:
948:
583:
126:
623:
998:
548:
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277:
82:
27:
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261:
the unease that the case aroused. A further cause of uneasiness was the full pardon granted to Edward Cusack, son of Sir
26:
by the government that appointed him. He had, before his downfall, enjoyed a highly successful career, holding office as
873:
773:
608:
134:
31:
1068:
658:
638:
262:
113:
1038:
160:
controversy, which involved a concerted policy of opposition by the landowning class to the taxation policies of the
422:
266:
169:
888:
513:
133:. His irascible temper, so evident when he was a student, did not improve, and in 1576 another High Court judge,
130:
783:
293:
Elrington Ball states that Nugent's fate was unique: two men who had previously served as judges in
Ireland,
993:
618:
558:
518:
138:
109:
1023:
878:
161:
943:
793:
733:
628:
101:
196:
and put him on trial, an action which public opinion in
Ireland attributed to Dillon's spite and envy.
54:
Nicholas Nugent was born between 1525 and 1530. Like many Irish judges of the time, he belonged to the
1132:
1093:
1088:
968:
903:
863:
848:
843:
748:
738:
718:
317:
310:
298:
244:
217:
78:
838:
813:
803:
788:
768:
643:
313:, but in no other case than Nugent's did the Government in Ireland execute one of its own judges.
983:
973:
913:
833:
778:
743:
306:
213:
71:
1078:
723:
150:
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613:
418:
97:
62:. His father Sir Christopher Nugent (died 1531) was the son and heir of Richard Nugent, 4th
818:
663:
578:
568:
543:
503:
282:
273:
221:
116:, who drew his sword and attacked Nugent, for which offence he was bound over and fined.
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758:
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249:
43:
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and evidently persuaded the Crown to suspend
Nicholas from office as a suspected
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938:
209:
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55:
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90:
85:
and his second wife Catherine Luttrell, and widow of Thomas Marward, titular
39:
918:
59:
237:
193:
23:
355:
A Star Chamber Court in Ireland- the Court of Castle Chamber 1571–1641
316:
Whether Nugent was guilty of treason, or even of the lesser crime of
302:
189:
146:
465:
153:; the charges were dismissed for lack of sufficient evidence.
22:(c. 1525–1582) was an Anglo-Irish judge, who was hanged for
129:, which had been held from 1552 to 1564 by his stepfather,
156:
His career suffered a further check when he joined in the
417:
The right was not granted in England until 1695 by the
108:to keep the peace. Nugent also quarrelled with his
100:in 1558. His future rival for judicial office, Sir
66:; his mother was Marian St Lawrence, daughter of
77:Nicholas married Janet Plunket, daughter of Sir
477:
8:
484:
470:
462:
1158:Chief justices of the Irish Common Pleas
395:
393:
391:
389:
387:
385:
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186:James Eustace, 3rd Viscount Baltinglass
36:Chief Justice of the Irish Common Pleas
368:King's Inns and the Kingdom of Ireland
336:
334:
332:
206:Arthur Grey, 14th Baron Grey de Wilton
46:, which he was accused of supporting.
370:Dublin Irish Academic Press 1992 p.57
68:Nicholas St Lawrence, 4th Baron Howth
7:
421:, nor Ireland until 1765, under the
344:John Murray London 1926 Vol.1 p. 213
357:Four Courts Press Dublin 2005 p.107
179:The loyalty of both his nephews to
14:
1107:
1106:
869:Sir Edward Sullivan, 1st Baronet
342:The Judges in Ireland 1221–1921
493:Solicitors-general for Ireland
127:Master of the Rolls in Ireland
1:
1153:People of Elizabethan Ireland
278:Solicitor General for Ireland
83:Lord Chief Justice of Ireland
28:Solicitor General for Ireland
874:Michael Morris, Baron Morris
1148:People executed for treason
50:Background and early career
38:, but he was ruined by the
1174:
423:Treason Act (Ireland) 1765
267:Lord Chancellor of Ireland
170:Lord Chancellor of Ireland
141:(the Irish equivalent of
1143:Lawyers from County Meath
1138:16th-century Irish judges
1102:
499:
784:Joseph Devonsher Jackson
994:Dodgson Hamilton Madden
445:The Stuart Constitution
139:Court of Castle Chamber
112:fellow, John Talbot of
879:Hedges Eyre Chatterton
162:Lord Deputy of Ireland
137:, sued him before the
1009:Charles Hare Hemphill
944:William Moore Johnson
794:Richard Wilson Greene
734:Philip Cecil Crampton
318:misprision of treason
30:, Baron of the Irish
1094:Thomas Watters Brown
1089:Daniel Martin Wilson
904:Charles Robert Barry
864:James Anthony Lawson
719:Charles Kendal Bushe
704:William Cusack-Smith
309:for treason against
245:John Philipps Kenyon
839:Henry George Hughes
814:Henry George Hughes
804:James Henry Monahan
789:Thomas Cusack-Smith
769:David Richard Pigot
644:St George Caulfeild
340:Ball, F. Elrington
307:Restoration of 1660
301:, were executed in
228:in the normal way.
200:Trial and execution
984:John George Gibson
974:John George Gibson
914:Christopher Palles
834:Jonathan Christian
779:Edward Pennefather
744:Edward Pennefather
408:Crawford, pp.237–8
212:". It was held in
72:Christopher Nugent
32:Court of Exchequer
1120:
1119:
1079:John Blake Powell
934:Gerald Fitzgibbon
749:Michael O'Loghlen
739:Michael O'Loghlen
514:Patrick Barnewall
353:Crawford, Jon G.
204:The Lord Deputy,
151:unlawful assembly
96:Nicholas entered
16:Anglo-Irish judge
1165:
1110:
1109:
1044:Ignatius O'Brien
1039:Charles O'Connor
894:John Thomas Ball
889:Michael Harrison
799:Abraham Brewster
714:William Plunkett
709:James McClelland
614:William Whitshed
534:Richard Bellings
486:
479:
472:
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457:
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448:
441:
435:
432:
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419:Treason Act 1695
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1116:
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829:John Fitzgerald
819:James Whiteside
664:Marcus Paterson
619:Francis Bernard
604:Richard Levinge
594:Richard Levinge
589:Theobald Butler
579:Robert Shapcote
569:William Sambach
549:Sir John Davies
544:Roger Wilbraham
529:Nicholas Nugent
509:Thomas Luttrell
504:Thomas Rochfort
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339:
330:
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283:capital offence
274:Roger Wilbraham
258:
222:Richard Segrave
202:
122:
58:aristocracy of
52:
20:Nicholas Nugent
17:
12:
11:
5:
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1081:
1076:
1074:Arthur Samuels
1071:
1069:James Chambers
1066:
1064:James O'Connor
1061:
1056:
1051:
1046:
1041:
1036:
1031:
1029:James Campbell
1026:
1021:
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859:Thomas O'Hagan
856:
851:
846:
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836:
831:
826:
821:
816:
811:
806:
801:
796:
791:
786:
781:
776:
771:
766:
761:
759:Stephen Woulfe
756:
751:
746:
741:
736:
731:
726:
721:
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691:
686:
681:
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654:Philip Tisdall
651:
646:
641:
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634:Robert Jocelyn
631:
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586:
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576:
571:
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559:Richard Bolton
556:
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546:
541:
536:
531:
526:
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516:
511:
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459:
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456:Crawford p.480
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434:Crawford p.238
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410:
401:
381:
379:Crawford p.214
372:
359:
346:
327:
325:
322:
290:
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257:
254:
252:jury in 1586.
250:County Kildare
201:
198:
174:William Gerard
135:Richard Talbot
121:
118:
51:
48:
44:William Nugent
42:of his nephew
15:
13:
10:
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4:
3:
2:
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1054:John Moriarty
1052:
1050:
1049:Thomas Molony
1047:
1045:
1042:
1040:
1037:
1035:
1034:Redmond Barry
1032:
1030:
1027:
1025:
1024:George Wright
1022:
1020:
1019:Dunbar Barton
1017:
1015:
1014:William Kenny
1012:
1010:
1007:
1005:
1004:Edward Carson
1002:
1000:
999:John Atkinson
997:
995:
992:
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989:Peter O'Brien
987:
985:
982:
980:
979:The MacDermot
977:
975:
972:
970:
967:
965:
964:The MacDermot
962:
960:
959:Samuel Walker
957:
955:
952:
950:
949:Andrew Porter
947:
945:
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940:
937:
935:
932:
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929:David Plunket
927:
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922:
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909:Richard Dowse
907:
905:
902:
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897:
895:
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887:
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884:Robert Warren
882:
880:
877:
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867:
865:
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854:Rickard Deasy
852:
850:
847:
845:
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840:
837:
835:
832:
830:
827:
825:
824:William Keogh
822:
820:
817:
815:
812:
810:
809:John Hatchell
807:
805:
802:
800:
797:
795:
792:
790:
787:
785:
782:
780:
777:
775:
774:Richard Moore
772:
770:
767:
765:
764:Maziere Brady
762:
760:
757:
755:
754:John Richards
752:
750:
747:
745:
742:
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717:
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710:
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690:
687:
685:
684:Hugh Carleton
682:
680:
679:Robert Hellen
677:
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667:
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662:
660:
657:
655:
652:
650:
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645:
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632:
630:
629:Thomas Marlay
627:
625:
624:John Rogerson
622:
620:
617:
615:
612:
610:
607:
605:
602:
600:
599:Alan Brodrick
597:
595:
592:
590:
587:
585:
582:
580:
577:
575:
574:William Ellis
572:
570:
567:
565:
564:Edward Bolton
562:
560:
557:
555:
554:Robert Jacobe
552:
550:
547:
545:
542:
540:
539:Jesse Smythes
537:
535:
532:
530:
527:
525:
524:James Dowdall
522:
520:
517:
515:
512:
510:
507:
505:
502:
501:
498:
494:
487:
482:
480:
475:
473:
468:
467:
464:
453:
450:
446:
443:Kenyon, J.P.
440:
437:
431:
428:
424:
420:
414:
411:
405:
402:
399:Ball p.146-50
396:
394:
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390:
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376:
373:
369:
366:Kenny, Colum
363:
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329:
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321:
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308:
304:
300:
296:
288:
286:
284:
279:
276:, who became
275:
270:
268:
264:
263:Thomas Cusack
255:
253:
251:
246:
241:
239:
235:
234:legal counsel
229:
227:
226:trial by jury
223:
219:
215:
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195:
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187:
182:
177:
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152:
148:
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140:
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132:
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119:
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102:Robert Dillon
99:
98:Lincoln's Inn
94:
92:
88:
84:
80:
75:
73:
69:
65:
61:
57:
49:
47:
45:
41:
37:
33:
29:
25:
21:
1059:Jonathan Pim
924:Henry Ormsby
899:Henry Ormsby
844:Edmund Hayes
729:John Doherty
699:John Stewart
689:Arthur Wolfe
669:Godfrey Lill
649:Warden Flood
609:John Forster
528:
452:
444:
439:
430:
413:
404:
375:
367:
362:
354:
349:
341:
315:
295:Miles Corbet
292:
271:
259:
242:
230:
218:Lucas Dillon
203:
178:
166:Henry Sidney
157:
155:
143:Star Chamber
123:
120:Later career
95:
87:Baron Skryne
79:John Plunket
76:
64:Baron Delvin
53:
19:
18:
1133:1582 deaths
1084:Denis Henry
969:John Monroe
939:Hugh Holmes
849:John George
584:John Temple
210:martial law
181:Elizabeth I
131:John Parker
114:Robertstown
56:Anglo-Irish
1127:Categories
954:John Naish
694:John Toler
674:John Scott
639:John Bowes
519:John Bathe
324:References
289:Assessment
106:bound over
724:Henry Joy
659:John Gore
311:Charles I
299:John Cook
256:Aftermath
232:right to
91:abducting
40:rebellion
1112:Category
919:Hugh Law
60:the Pale
305:at the
265:, late
238:perjury
194:traitor
110:chamber
24:treason
303:London
220:, and
190:London
172:, Sir
164:, Sir
145:) for
34:, and
93:her.
297:and
214:Trim
158:cess
149:and
147:riot
1129::
384:^
331:^
81:,
485:e
478:t
471:v
425:.
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