Anthony Browne (justice)
Encyclopedia
Sir Anthony Browne QS (1509–1567) was a British justice. He came from a family of lawyers; his father, Sir Wistan Browne, was a barrister of the Middle Temple
, and three of his uncles served as benchers there, one of whom was Sir Humphrey Browne, a justice of the Court of Common Pleas
. On his mother, Elizabeth's side were Sir John Mordaunt, chancellor of the Duchy of Cornwall
, and William Mordaunt, chief Prothonotary
of the Common Pleas. Keeping with family tradition he joined Middle Temple, and became a pupil of John Jenour
, at the time the second Prothonotary of the Common Pleas. In 1545 he became a Member of Parliament, and in 1554 a bencher of Middle Temple. He was made a Serjeant-at-law
in 1555 under the patronage of the Earl of Oxford
, and was then immediately made Queen's Serjeant, obliged as the junior serjeant of his inn to give a reading, which he did on the subject of the Statute of Jeofails.
On October 5 1558 Browne was appointed Chief Justice of the Common Pleas
by Mary I
; his appointment was reconfirmed in November by Elizabeth I
. He was removed by Elizabeth in the following January by means of appointing him a Puisne Justice
of the Queen's Bench, most likely due to his religious disagreements with the new queen; while it was not serious enough to demand removal from the court, it would be unthinkable to have the head of a major court in religious disagreement with the monarch. In 1563 it was rumoured he would replace Nicholas Bacon as Lord Keeper of the Great Seal
; if so he rejected it on grounds of religion. In 1565 he wrote an essay supporting the claim to the throne of Mary Stuart, which was later included in John Lesley
's A Treatise concerning the Defence of the Honour of Marie, Queene of Scotland, made by Morgan Philippes, Bachelar of Divinitie, Piae afflicts animi consoleiones, ad Mariam Scot. Reg. in 1571, and also encouraged Edmund Plowden
to write A Treatise on Succession, which attempted to prove that Mary was not debarred from the English throne under Henry VIII
's will. It is unknown whether Elizabeth was aware of these anti-Protestant efforts; if so, it is odd that she knighted him in February 1567. Browne remained a justice of the Common Pleas until his death on 16 May 1567 at Weald Hall in Essex
.
Plowden described him at his passing as a judge 'de profound ingeny et graund eloquence' (of profound ingenuity and grand eloquence), and the Spanish ambassador called his death a great loss to the Catholic
faction in England. His funeral was performed, per his request, with the traditional Catholic ceremonies, and at his funeral various friends were given gold mourning ring
s in the style of those of Serjeants-at-Law with 'Wee dye’ engraved on the outside and 'Forgett nott’ on the inside. He was buried in South Weald church, but his tomb was badly damaged in the 1868 church restoration, leaving only a headless figure in judicial robes and part of an inscription, which gives his age at death as fifty seven. Browne married Jane, the daughter of William Farrington at an undetermined point, but, as the marriage was childless, most of his estate was left to his brother George and various friends. His most lasting creation is Brentwood School
, created as ‘The Grammar School of Anthony Browne, Serjeant at the Law, in Brentwood’.
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
, and three of his uncles served as benchers there, one of whom was Sir Humphrey Browne, a justice of the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
. On his mother, Elizabeth's side were Sir John Mordaunt, chancellor of the Duchy of Cornwall
Duchy of Cornwall
The Duchy of Cornwall is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch inherits the duchy and title of Duke of Cornwall at the time of his birth, or of his parent's succession to the throne. If the monarch has no son, the...
, and William Mordaunt, chief Prothonotary
Prothonotary
The word prothonotary is recorded in English since 1447, as "principal clerk of a court," from L.L. prothonotarius , from Greek protonotarios "first scribe," originally the chief of the college of recorders of the court of the Byzantine Empire, from Greek protos "first" + Latin notarius ; the -h-...
of the Common Pleas. Keeping with family tradition he joined Middle Temple, and became a pupil of John Jenour
John Jenour
John Jenour was a British legal official. He was the son of William Jenour of Stonham Aspal, Suffolk and his wife Katherine Whiting, and the elder brother of Robert Jenour, who became an officer of the Court of Common Pleas along with John...
, at the time the second Prothonotary of the Common Pleas. In 1545 he became a Member of Parliament, and in 1554 a bencher of Middle Temple. He was made a Serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
in 1555 under the patronage of the Earl of Oxford
John de Vere, 16th Earl of Oxford
John de Vere, 16th Earl of Oxford was born to John de Vere, 15th Earl of Oxford and Elizabeth Trussel, daughter of Edward Trussel...
, and was then immediately made Queen's Serjeant, obliged as the junior serjeant of his inn to give a reading, which he did on the subject of the Statute of Jeofails.
On October 5 1558 Browne was appointed Chief Justice of the Common Pleas
Chief Justice of the Common Pleas
The Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
by Mary I
Mary I of England
Mary I was queen regnant of England and Ireland from July 1553 until her death.She was the only surviving child born of the ill-fated marriage of Henry VIII and his first wife Catherine of Aragon. Her younger half-brother, Edward VI, succeeded Henry in 1547...
; his appointment was reconfirmed in November by Elizabeth I
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
. He was removed by Elizabeth in the following January by means of appointing him a Puisne Justice
Puisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
of the Queen's Bench, most likely due to his religious disagreements with the new queen; while it was not serious enough to demand removal from the court, it would be unthinkable to have the head of a major court in religious disagreement with the monarch. In 1563 it was rumoured he would replace Nicholas Bacon as Lord Keeper of the Great Seal
Lord Keeper of the Great Seal
The Lord Keeper of the Great Seal of England, and later of Great Britain, was formerly an officer of the English Crown charged with physical custody of the Great Seal of England. This evolved into one of the Great Officers of State....
; if so he rejected it on grounds of religion. In 1565 he wrote an essay supporting the claim to the throne of Mary Stuart, which was later included in John Lesley
John Lesley
John Lesley was a Scottish Roman Catholic bishop and historian. His father was Gavin Lesley, rector of Kingussie, Badenoch.-Early career:...
's A Treatise concerning the Defence of the Honour of Marie, Queene of Scotland, made by Morgan Philippes, Bachelar of Divinitie, Piae afflicts animi consoleiones, ad Mariam Scot. Reg. in 1571, and also encouraged Edmund Plowden
Edmund Plowden
Sir Edmund Plowden was a distinguished English lawyer, legal scholar and theorist during the late Tudor period.-Life:...
to write A Treatise on Succession, which attempted to prove that Mary was not debarred from the English throne under Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
's will. It is unknown whether Elizabeth was aware of these anti-Protestant efforts; if so, it is odd that she knighted him in February 1567. Browne remained a justice of the Common Pleas until his death on 16 May 1567 at Weald Hall in Essex
Essex
Essex is a ceremonial and non-metropolitan county in the East region of England, and one of the home counties. It is located to the northeast of Greater London. It borders with Cambridgeshire and Suffolk to the north, Hertfordshire to the west, Kent to the South and London to the south west...
.
Plowden described him at his passing as a judge 'de profound ingeny et graund eloquence' (of profound ingenuity and grand eloquence), and the Spanish ambassador called his death a great loss to the Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
faction in England. His funeral was performed, per his request, with the traditional Catholic ceremonies, and at his funeral various friends were given gold mourning ring
Mourning ring
A mourning ring is a finger ring worn in memory of someone who has died. It often bears the name and date of death of the person, and possibly an image of them, or a motto. They were usually paid for by the person commemorated, or their heirs, and often specified, along with the list of intended...
s in the style of those of Serjeants-at-Law with 'Wee dye’ engraved on the outside and 'Forgett nott’ on the inside. He was buried in South Weald church, but his tomb was badly damaged in the 1868 church restoration, leaving only a headless figure in judicial robes and part of an inscription, which gives his age at death as fifty seven. Browne married Jane, the daughter of William Farrington at an undetermined point, but, as the marriage was childless, most of his estate was left to his brother George and various friends. His most lasting creation is Brentwood School
Brentwood School (England)
Brentwood School is an independent school in Brentwood, Essex, England. Educating boys and girls in a British public school tradition. Brentwood School is a member of the Headmasters' and Headmistresses' Conference....
, created as ‘The Grammar School of Anthony Browne, Serjeant at the Law, in Brentwood’.