Nicholas Nugent

Nicholas Nugent (c. 1525 – 1582) was an Irish judge, unique among the Irish judiciary in being hanged for treason. He had had a highly successful career, holding office as Solicitor General for Ireland, Baron of the Irish Court of Exchequer, and Chief Justice of the Irish Common Pleas, but was destroyed by the rebellion of his nephew William Nugent, in which he was suspected of taking part.

Background and early career

Nicholas Nugent was born between 1525 and 1530. Like many Irish judges of the time he belonged to the Anglo-Irish aristocracy of the Pale. His father Sir Christopher Nugent (died 1531) was the son and heir of the fourth Baron Delvin; his mother was Marian St Lawrence, daughter of Nicholas St Lawrence, 4th Baron Howth.^[1] His father predeceased his grandfather and the title passed to Nicholas' elder brother Richard, who died young in 1559 leaving two sons: Christopher Nugent, the sixth Baron, and William.

Nicholas married Janet Plunkett, widow of Thomas Marward, titular Baron Skryne. He was given wardship of her daughter, also Janet. The younger Janet was an heiress and Nicholas wished her to marry his nephew William; the marriage did take place but only after William caused a scandal by abducting her.^[2]

Nicholas entered Lincoln's Inn in 1558. His future rival Sir Robert Dillon was there at the same time and their lifelong enmity seems to have begun when they were students: in 1560 they were ordered to stop fighting and bound over to keep the peace.^[3]

Later career

On his return to Ireland his career advanced rapidly: he was made Solicitor General for Ireland in 1565 , elevated to the bench as Baron of the Exchequer, and recommended as Master of the Rolls in Ireland.^[4] His career suffered a check when he joined in the cess controversy, a concerted opposition to the taxation policies of the Lord Deputy, Sir Henry Sidney. He was twice suspended from office in 1577–78 and twice imprisoned, but was restored to favour after making his submission. The controversy does not seem to have raised serious doubts of his loyalty, no doubt because many eminent lawyers opposed the cess, and even the Lord Chancellor of Ireland, Sir William Gerard, had doubts. Gerard thought highly of Nugent and it was on his recommendation that he was made Chief Justice in 1580.^[5] Within a year however, the actions of his nephews brought about his downfall.

The loyalty of both his nephews was deeply suspect: 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 Viscount Baltinglass, and when William was exempted from the general pardon, he took up arms. Robert Dillon, who had been passed over as Chief Justice, went to London and evidently persuaded the Crown to suspend Nicholas from office as a suspected traitor.^[6]

Trial and execution

The Lord Deputy, Arthur Grey, 14th Baron Grey de Wilton, saw his role and as largely military one: perhaps for this reason the highly unusual decision was taken to try Nugent for treason, in a trial which had the appearance of summary justice. The trial was heard in Trim, rather than Dublin, allegedly for convenience, and Grey appointed a special commission to assist him , which included Dillon, his cousin Lucas Dillon, and Richard Segrave, who had replaced Nugent at the Exchequer. In contrast to the modern view that judges should come to a case without bias, these seem to have been chosen precisely because they knew Nugent personally.^[7]

While two witnesses were normally required in a treason trial, only one, John Cusack, appeared to testify that Nicholas both knew of and encouraged William's rebellion.^[8] Nugent, in a robust defence, accused Robert Dillon of having bribed Cusack, 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 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 of the result, and Nugent was found guilty and hanged at Trim on 13 April.^[9]

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". Elrington Ball doubts the truth of the story, but as he remarks the fact that it could be told at all is a comment on the unease which the case aroused.^[10] A few years later the then Lord Deputy recommended that only English judges be appointed in Ireland, as Irish born judges decided cases purely on family or local loyalties.^[11]

Assessment

Elrington Ball state that Nugent's fate was unique: former Irish judges were executed in London at the Restoration for treason against Charles I, but in no other case did the Government in Ireland execute one of its' own judges.^[12] Whether Nugent was guilty of treason, or the lesser crime of concealing treason, is difficult to say. The trial clearly aroused unease, due to the quality of the evidence and the apparent bias of the judges. Further the Crown, on the whole, had rewarded Nugent generously, and it is difficult to see what he had to gain by treason. On the other hand he and his nephew were close and it is likely enough that he knew of William's plans, whether or not he approved of them.

References

1. ^ Ball, F. Elrington The Judges in Ireland 1221-1921 John Murray London 1926 Vol.1 p. 213
2. ^ Ball, p.213
3. ^ Crawford, Jon G. A Star Chamber Court for Ireland- the Court of Castle Chamber 1571-1641 Four Courts Press Dublin 2005 p.107
4. ^ Ball p.213
5. ^ Ball, p.146
6. ^ Ball, p.147
7. ^ Ball, p.147
8. ^ Crawford, pp.237-8
9. ^ Crawford p.238
10. ^ Ball, p.147
11. ^ Ball, p.150
12. ^ Ball, p.147