Charles Calthorpe
Encyclopedia
Sir Charles Calthorpe was an English-born judge in Elizabethan and early Jacobean Ireland. Prior to appointment to the Bench he had been Attorney General for Ireland for more than 20 years. He was a close associate of the Lord Deputy of Ireland
Lord Deputy of Ireland
The Lord Deputy was the King's representative and head of the Irish executive under English rule, during the Lordship of Ireland and later the Kingdom of Ireland...

, Sir John Perrot
John Perrot
Sir John Perrot served as Lord Deputy of Ireland under Queen Elizabeth I of England during the Tudor conquest of Ireland...

, and Perrot's downfall almost ended his career, but he was eventually restored to favour.

Early life

He came of an old Norfolk
Norfolk
Norfolk is a low-lying county in the East of England. It has borders with Lincolnshire to the west, Cambridgeshire to the west and southwest and Suffolk to the south. Its northern and eastern boundaries are the North Sea coast and to the north-west the county is bordered by The Wash. The county...

 family; his father was Francis Calthorpe of Hempstead
Hempstead
Hempstead may refer to:PlacesIn England:*Hempstead, Essex*Hempstead, Kent*Hempstead, near Holt, Norfolk*Hempstead, near Stalham, Norfolk*Hemel Hempstead, HertfordshireIn the United States:*Hempstead County, Arkansas...

 and his mothe was Elizabeth Berney of Gunton
Gunton
Gunton may refer to:People*Bob Gunton, American actor*Colin Gunton, British theologian*Frederick Gunton , English organist*Mike Gunton, British television producer*Samuel Gunton, English association football player...

. He entered Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...

 in 1560. He gave readings on the law of copyhold at Furnivall's Inn which were published in 1562. He was called to the bar in 1569 and became a Bencher of his Inn in 1582, He sat in the House of Commons
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...

 as member for Eye in the parliament of 1572. In 1584 he became Attorney General for Ireland and was quickly identified as a supporter of the Deputy, Perrot. From the outset he was subject to intense criticism, being accused of partisanship , insufficient learning and undue deference to his Irish colleagues. Criticism mounted after Perrot's recall in 1588, although Calthorpe retained office, possibly due to the perennial difficulty in finding a suitable replacement.

Perrot's downfall

The final downfall of Perrot, who was convicted of treason in 1592 and died in the Tower of London
Tower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...

, had repercussions in Ireland. His close ally Nicholas White
Nicholas White
Sir Nicholas White was an Irish lawyer and government official during the reign of Elizabeth I.-Background and early career:...

, the Master of the Rolls was arrested and like Perrot died in the Tower.It was widely expected that Calthorpe would suffer a similar fate. He was accused of corruption by two dubious characters, Henry Bird, a former royal clerk ,and an eccentric ex-priest, Denis O'Roghan. Bird had been convicted of forging Perrot's signature on O'Roghan's evidence. Calthorpe had prosecuted the case with great vigour and there is no reason to doubt that he believed Bird guilty. O'Roghan however retracted his evidence and made charges of treason against Perrot. Sir William Fitzwilliam
William Fitzwilliam
William FitzWilliam may refer to:*William FitzWilliam, 1st Earl of Southampton , English courtier*William FitzWilliam , Lord Deputy of Ireland...

, the new Deputy, set up an inquiry, but ORoghan's charges were so wild that it was doubtful that the inquiry could proceed. A second commission of inquiry was set up into the manner in which the charges were made. Calthorpe sat on the commission, which proved to be a serious mistake when O'Roghan accused the commissioners of torturing him.

Fitzwilliam was now ordered to resume his own inquiry, and Calthorpe faced two serious charges: wrongly pressing for Bird's conviction, and acting corruptly in the examination of O'Roghan. He was suspended from office between 1590 and 1592, and it was widely believed that he would be prosecuted. In February 1591 he wrote to Burghley pleading for his protection. Given that Burghley was a close associate of Fitzwilliam, he might seem an unlikely patron of Calthorpe , but in the event it was decided that a severe censure of his conduct would suffice. He also suffered the embarrassment of seeing the conviction of Henry Bird publicly reversed. He was restored to office in the autumn of 1592, but his reputation never fully recovered.

Later life

Calthorpe, understandably, began pressing for promotion to the, presumably, less stressful life of a judge. The first offer was Chief Justice of Munster
Munster
Munster is one of the Provinces of Ireland situated in the south of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial purposes...

, but Calthorpe refused it and sought the office of Chief Justice of the Irish Common Pleas
Chief Justice of the Irish Common Pleas
The Chief Justice of the Common Pleas for Ireland was the senior judge of the Court of Common Pleas ,known in its early stage as the Common Bench or simply Bench, one of the senior courts of common law in Ireland. It was a mirror of the Court of Common Pleas in England...

 instead. On hearing that the salary was to be reduced however he withdrew his name .In later years he seems to have neglected his office: in 1604 he was living in London, and the following year Sir Arthur Chichester, the new Deputy, complained of his inefficiency, although he did receive a knighthood. The decision to appoint Sir John Davies as Attorney General made it necessary to promote Calthorpe, and in 1606 he finally reached the bench as a judge of the Court of Common Pleas (Ireland)
Court of Common Pleas (Ireland)
The Court of Common Pleas was one of the senior courts of common law in Ireland. It was a mirror image of the equivalent court in England...

. He was not a success as a judge : in 1611 he was described as old,weak and unable to serve, although he remained on the Bench until his death in 1616.

Calthorpe married firstly Winifred Toto, daughter of the Italian-born painter Anthony Toto
Anthony Toto
Anthony Toto was an Italian painter and architect, was an Italian by birth, but came to England about 1531, and was naturalized in 1543. Henry VIII appointed him Sergeant-Painter...

, Serjeant Painter to Henry VIII. She died in 1605. He married secondly Dorothy Deane, who had been twice married already; she outlived him by a few months.

Reputation

Calthorpe was judged harshly in his own time, but has been somewhat more favourably judged by recent historians. As Crawford points out the whole judicial process regarding the disgrace of Perrot was deeply political and Calthorpe, as one of Perrot's closest allies, could not have hoped to escape censure. Despite the abuse heaped on him it is notable that he retained office for 22 years. Casey praises him for his constructive and business-like management of the office, although Chichester's criticism suggests that he let matters slide in his later years.
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