Alexander Fitton
Encyclopedia
Sir Alexander Fitton sometimes known as Baron Gawsworth, was an Irish barrister who became Lord Chancellor of Ireland
despite having spent many years in prison.
and his wife Eva Trevor, daughter of Sir Edward Trevor of Denbighshire. He was the great-grandson of Sir Edward Fitton, Vice-Treasurer of Ireland. The Irish Fittons were a junior branch of the Fittons of Gawsworth Hall
, Cheshire; the dispute over the ownership of Gawsworth occupied Alexander for most of his life. He married Anne Joliffe, daughter of Thomas Joliffe of Worcestershire and they had one surviving daughter; Anne died in 1687.
He entered Gray's Inn
in 1654 and the Inner Temple
in 1655; he was called to the Bar in 1662. Since he immediately became embroiled in the Gawsworth inheritance claim however it is doubtful if he ever practiced.
in favour of William and his male heirs. This was against the violent protests of Charles Gerard
, son of Edward's sister Penelope. After Edwards death the Gerards tried to hold Gawsworth by force; but the progress of the English Civil War turned in the Fittons favour: as a staunch Royalist Gerard's own estates were forfeited and he left England about 1645, leaving the Fittons in possession until the Restoration
.
By 1662 Gerard, now Baron Gerard
of Brandon, had recovered his own estates and was in high favour at Court; inevitably he laid claim to Gawsworth. He brought a Chancery suit exhibiting a will supposedly made by Edward Fitton just before his death. Alexander Fitton rather than simply rely on the entail produced a deed making the settlement on his father irrevocable.Gerard then dramatically produced a notorious forger, Abraham Granger, who testified that he had forged the deed on Fitton's behalf. The Court ordered a jury to find the facts: they found that the deed was indeed a forgery ; while Fitton managed to get a second hearing before a Cheshire jury, the result was the same, and Gerard took possession.
Which party was in the right is now difficult to say: it is suspicious that both parties were relying on documents whose very existence had been previously unknown, and it is perfectly possible that both will and deed were forged. Fitton however made a serious mistake in publishing a pamphlet directly accusing Gerard of winning the case by bribing and threatening witnesses,and including what purported to be Granger's confession that he had committed perjury .Fitton was perhaps unaware that to libel a peer was scandalum magnatum, a serious offence . The House of Lords took a serious view of the matter and Fitton was committed to the King's Bench Prison
until if ever he produced Granger to confirm his story. Given Granger's character it is hardly surprising that Fittton never did produce him, and he might well have remained in prison for life. As it was though accounts differ he may still have been in prison in 1687. The petition to the House of Commons of England
in 1668 mentioned in Pepys' Diary cane to nothing as did an attempt to prosecute Gerard's witnesses for perjury.The disgrace of Gerard , now Earl of Macclesfield
who supported the Exclusion Bill
and was later suspected of complicity in the Monmouth Rebellion, encouraged Fitton to make one last effort to recover Gawsworth; somewhat surprisingly his case was dismissed for undue delay.The affair however caused the new King James II
to look favourably on Fitton.
, the Attorney General, a Catholic, put forward his claim. James was persuaded that Fitton, a Protestant would be a better choice. Fitton however thought it advisable to convert to Catholicism. As Lord Chancellor he was accused of ignorance, prejudice and bias against Protestants although some historians have questioned the accuracy of these charges. When James II arrived in Ireland Fitton presided over the Dublin Parliament of 1689; he was given a barony and inevitably chose the title Baron Fitton of Gawsworth
. When James fled Ireland after the Battle of the Boyne
Fitton was one of the Lords Justices who acted in his absence; the following year he joined James in France, although it is unclear if any proceedings were threatened against him. He died at St. Germain in 1698.
Lord Chancellor of Ireland
The office of Lord Chancellor of Ireland was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801 it was also the highest political office of the Irish Parliament.-13th century:...
despite having spent many years in prison.
Family and early career
Fitton was the eldest son of William Fitton of Awrice, County LimerickCounty Limerick
It is thought that humans had established themselves in the Lough Gur area of the county as early as 3000 BC, while megalithic remains found at Duntryleague date back further to 3500 BC...
and his wife Eva Trevor, daughter of Sir Edward Trevor of Denbighshire. He was the great-grandson of Sir Edward Fitton, Vice-Treasurer of Ireland. The Irish Fittons were a junior branch of the Fittons of Gawsworth Hall
Gawsworth Hall
Gawsworth Old Hall is a Grade I listed country house in the village of Gawsworth, Cheshire, England. It is a timber-framed house in the Cheshire black-and-white style. The present house was built between 1480 and 1600, replacing an earlier Norman house...
, Cheshire; the dispute over the ownership of Gawsworth occupied Alexander for most of his life. He married Anne Joliffe, daughter of Thomas Joliffe of Worcestershire and they had one surviving daughter; Anne died in 1687.
He entered Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1654 and the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1655; he was called to the Bar in 1662. Since he immediately became embroiled in the Gawsworth inheritance claim however it is doubtful if he ever practiced.
Gawsworth inheritance claim
Sir Edward Fitton, 2nd Baronet, of Gawsworth, died in 1643 without issue; he had seven sisters, but the nearest male Fitton was Alexander's father William. In 1641 Edwrad made a settlement creating an entailEntail
Entail may refer to:* Fee tail, a term of art in common law describing a limited form of succession....
in favour of William and his male heirs. This was against the violent protests of Charles Gerard
Charles Gerard, 1st Earl of Macclesfield
Charles Gerard, 1st Earl of Macclesfield PC was an English aristocrat, soldier and courtier.-Life:The eldest son of Sir Charles Gerard, he was a member of an old Lancashire family, his great-grandfather having been Sir Gilbert Gerard of Ince, in that county, one of the most distinguished judges...
, son of Edward's sister Penelope. After Edwards death the Gerards tried to hold Gawsworth by force; but the progress of the English Civil War turned in the Fittons favour: as a staunch Royalist Gerard's own estates were forfeited and he left England about 1645, leaving the Fittons in possession until the Restoration
Restoration (1660)
The term Restoration in reference to the year 1660 refers to the restoration of Charles II to his realms across the British Empire at that time.-England:...
.
By 1662 Gerard, now Baron Gerard
Baron Gerard
There have been three baronies created for descendants of the Gerard family who resided at Bryn, Ashton in Makerfield, Lancashire and Kingsley, Cheshire in the 13th century....
of Brandon, had recovered his own estates and was in high favour at Court; inevitably he laid claim to Gawsworth. He brought a Chancery suit exhibiting a will supposedly made by Edward Fitton just before his death. Alexander Fitton rather than simply rely on the entail produced a deed making the settlement on his father irrevocable.Gerard then dramatically produced a notorious forger, Abraham Granger, who testified that he had forged the deed on Fitton's behalf. The Court ordered a jury to find the facts: they found that the deed was indeed a forgery ; while Fitton managed to get a second hearing before a Cheshire jury, the result was the same, and Gerard took possession.
Which party was in the right is now difficult to say: it is suspicious that both parties were relying on documents whose very existence had been previously unknown, and it is perfectly possible that both will and deed were forged. Fitton however made a serious mistake in publishing a pamphlet directly accusing Gerard of winning the case by bribing and threatening witnesses,and including what purported to be Granger's confession that he had committed perjury .Fitton was perhaps unaware that to libel a peer was scandalum magnatum, a serious offence . The House of Lords took a serious view of the matter and Fitton was committed to the King's Bench Prison
King's Bench Prison
The King's Bench Prison was a prison in Southwark, south London, from medieval times until it closed in 1880. It took its name from the King's Bench court of law in which cases of defamation, bankruptcy and other misdemeanours were heard; as such, the prison was often used as a debtor's prison...
until if ever he produced Granger to confirm his story. Given Granger's character it is hardly surprising that Fittton never did produce him, and he might well have remained in prison for life. As it was though accounts differ he may still have been in prison in 1687. The petition to the House of Commons of England
House of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
in 1668 mentioned in Pepys' Diary cane to nothing as did an attempt to prosecute Gerard's witnesses for perjury.The disgrace of Gerard , now Earl of Macclesfield
Earl of Macclesfield
Earl of Macclesfield is a title that has been created twice. The first creation came in the Peerage of England in 1679 in favour of the soldier and politician Charles Gerard, 1st Baron Gerard...
who supported the Exclusion Bill
Exclusion Bill
The Exclusion Crisis ran from 1678 through 1681 in the reign of Charles II of England. The Exclusion Bill sought to exclude the king's brother and heir presumptive, James, Duke of York, from the thrones of England, Scotland and Ireland because he was Roman Catholic...
and was later suspected of complicity in the Monmouth Rebellion, encouraged Fitton to make one last effort to recover Gawsworth; somewhat surprisingly his case was dismissed for undue delay.The affair however caused the new King James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
to look favourably on Fitton.
Lord Chancellor of Ireland
In 1687 the Irish Chancellor Sir Charles Porter, expressed reservations about the King's policy of toleration of Catholics and was dismissed; while Richard NagleRichard Nagle
Sir Richard Nagle was an Irish politician and lawyer. He held the positions of Attorney-General for Ireland, Speaker of the Irish House of Commons, Lord Justice of Ireland and Secretary of State and War for Ireland under King James II. He fled to France in 1691, joining James II at Saint Germain,...
, the Attorney General, a Catholic, put forward his claim. James was persuaded that Fitton, a Protestant would be a better choice. Fitton however thought it advisable to convert to Catholicism. As Lord Chancellor he was accused of ignorance, prejudice and bias against Protestants although some historians have questioned the accuracy of these charges. When James II arrived in Ireland Fitton presided over the Dublin Parliament of 1689; he was given a barony and inevitably chose the title Baron Fitton of Gawsworth
Baron Fitton of Gawsworth
Baron Fitton of Gawsworth was a Jacobite peerage created by James II in 1689 for his Lord Chancellor of Ireland , Alexander Fitton . Fitton took the title from Gawsworth Hall, the ancestral Fitton home in Cheshire...
. When James fled Ireland after the Battle of the Boyne
Battle of the Boyne
The Battle of the Boyne was fought in 1690 between two rival claimants of the English, Scottish and Irish thronesthe Catholic King James and the Protestant King William across the River Boyne near Drogheda on the east coast of Ireland...
Fitton was one of the Lords Justices who acted in his absence; the following year he joined James in France, although it is unclear if any proceedings were threatened against him. He died at St. Germain in 1698.