Dominick Sarsfield, 1st Viscount Sarsfield
Encyclopedia
Dominick Sarsfield, 1st Viscount Sarsfield of Kilmallock (c. 1570-1636) was an Irish peer and judge who became Chief Justice of the Irish Common Pleas
, but was removed from office for corruption and died in disgrace.
, third son of Edmund Sarsfield, an alderman of the city. Little is known of his first wife. His second wife was Anne Bagenal, daughter of Sir Nicholas, sister of Henry Bagenal
, and widow of Dudley Loftus, son of the Archbishop of Dublin
. Dominick entered Middle Temple
in 1593, and returned to Ireland to practice at the Bar before 1600. He was appointed attorney general for Munster in 1600 and chief justice of the province in 1605. In 1607 he was appointed a judge of the Court of King's Bench in Ireland and Chief Justice of the Irish Common Pleas
in 1612. He was made the first Irish baronet in 1619 and ennobled in 1625. He chose the title Viscount Kinsale
but became embroiled in a bitter dispute with the de Courcy family, who already had a barony of that name, eventually agreeing to adopt Kilmallock
instead. His main residence was Carrigleamleary Castle near Mallow
.
Despite his acquisition of titles and offices, Sarsfield was always a controversial character. He was summoned to the Privy Council in 1615 to answer certain charges, although he cleared himself at that time. He was accused of permitting his eldest son to become a Roman Catholic in 1628, and of treason in 1631. Two years later his career was destroyed by the re-opening of the Bushen case from 1625.
, was charged with the murder of his wife, Grace, in 1620. He was originally from Devon
and was about eighty years old in 1625. Grace's death had generally been accepted as natural--the evidence of murder was thin, and Bushen in his defence pointed out that his main accuser was a bitter personal enemy. That there was widespread doubt about his guilt seems clear--two grand juries refused to indict him. The choice of Sarsfield, who normally went on the Connaught assize to go on the Leinster, was later thought to be suspicious, but in fact there was a good reason: the Bushen case was to be heard in Irish and Sarsfield was the only senior judge who spoke fluent Irish.
Sarsfield's actual conduct of the trial however was remarkable even in an age when judicial bullying of juries and witnesses was not uncommon. The Star Chamber
later accepted that he had heard the case in private, refused to hear Bushen in his own defence or witnesses on his behalf, and intimidated the jury by telling them that a certain "great man" had an interest in the verdict. When one juror held out for acquittal, he urged the others to beat him into submission. The most serious accusation, however, was that Sarsfield had agreed with the sheriff of Kildare that Bushen's property would be forfeited and shared between them, and this also the Star Chamber seems to have accepted.
Bushen was found guilty and hanged. The case aroused some comment, but it did not become a major issue until 1633, when opponents of the Lord Deputy of Ireland
, Viscount Falkland
, persuaded Bushen's son to accuse Falkland himself of complicity in the plot to seize his father's lands. This was a serious mistake. Falkland sued his accusers for libel before the Star Chamber, which exonerated him, censured Bushen and his co-accusers, and imposed a heavy fine. While there was no case against Falkland, the evidence against Sarsfield was so strong that the Star Chamber could not overlook it and in the same proceedings the chamber found him guilty of corruption. The Lord Keeper said: "Justice should be done in open court before the face of the world, and mens lives not to be taken away in private chamber . . . and I do verily persuade myself that Bushen died innocently."
At a second hearing on 20 November 1633, Sarsfield was found guilty of corruption, deprived of office, fined £5000, ordered to pay £2000 to Bushen's family, and imprisoned in the Fleet
. He died in deep disgrace in 1636, and was buried in Cork. His eldest son William (died 1648) succeeded as second Viscount.
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...
, but was removed from office for corruption and died in disgrace.
Early history
Dominick Sarsfield was born in CorkCork (city)
Cork is the second largest city in the Republic of Ireland and the island of Ireland's third most populous city. It is the principal city and administrative centre of County Cork and the largest city in the province of Munster. Cork has a population of 119,418, while the addition of the suburban...
, third son of Edmund Sarsfield, an alderman of the city. Little is known of his first wife. His second wife was Anne Bagenal, daughter of Sir Nicholas, sister of Henry Bagenal
Henry Bagenal
Sir Henry Bagenal was marshal of the army in Ireland during the reign of Queen Elizabeth I.-Life:He was the eldest son of Nicholas Bagenal and Eleanor Griffith, daughter of Sir Edward Griffith of Penrhyn...
, and widow of Dudley Loftus, son of the Archbishop of Dublin
Archbishop of Dublin
The Archbishop of Dublin may refer to:* Archbishop of Dublin – an article which lists of pre- and post-Reformation archbishops.* Archbishop of Dublin – the title of the senior cleric who presides over the Roman Catholic Archdiocese of Dublin....
. Dominick entered Middle Temple
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...
in 1593, and returned to Ireland to practice at the Bar before 1600. He was appointed attorney general for Munster in 1600 and chief justice of the province in 1605. In 1607 he was appointed a judge of the Court of King's Bench in Ireland and 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...
in 1612. He was made the first Irish baronet in 1619 and ennobled in 1625. He chose the title Viscount Kinsale
Kinsale
Kinsale is a town in County Cork, Ireland. Located some 25 km south of Cork City on the coast near the Old Head of Kinsale, it sits at the mouth of the River Bandon and has a population of 2,257 which increases substantially during the summer months when the tourist season is at its peak and...
but became embroiled in a bitter dispute with the de Courcy family, who already had a barony of that name, eventually agreeing to adopt Kilmallock
Kilmallock
Kilmallock or Kilmalloc is a town in south County Limerick, Ireland, near the border with County Cork. There is a Dominican Priory in the town and King's Castle . The remains of medieval walls which encircled the settlement are still visible. The Dublin–Cork railway line passes by the town,...
instead. His main residence was Carrigleamleary Castle near Mallow
Mallow
Mallow or Mallows may refer to:Nature:* Malvaceae, family of plants; in particular the following genera:** Abelmoschus** Althaea – Marsh mallow** Callirhoe – Poppy mallow** Corchorus – Jews Mallow, Molokia, Mlukhia...
.
Despite his acquisition of titles and offices, Sarsfield was always a controversial character. He was summoned to the Privy Council in 1615 to answer certain charges, although he cleared himself at that time. He was accused of permitting his eldest son to become a Roman Catholic in 1628, and of treason in 1631. Two years later his career was destroyed by the re-opening of the Bushen case from 1625.
Case of Philip Bushen
Philip Bushen, a farmer of Grangemellon, County KildareCounty Kildare
County Kildare is a county in Ireland. It is part of the Mid-East Region and is also located in the province of Leinster. It is named after the town of Kildare. Kildare County Council is the local authority for the county...
, was charged with the murder of his wife, Grace, in 1620. He was originally from Devon
Devon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
and was about eighty years old in 1625. Grace's death had generally been accepted as natural--the evidence of murder was thin, and Bushen in his defence pointed out that his main accuser was a bitter personal enemy. That there was widespread doubt about his guilt seems clear--two grand juries refused to indict him. The choice of Sarsfield, who normally went on the Connaught assize to go on the Leinster, was later thought to be suspicious, but in fact there was a good reason: the Bushen case was to be heard in Irish and Sarsfield was the only senior judge who spoke fluent Irish.
Sarsfield's actual conduct of the trial however was remarkable even in an age when judicial bullying of juries and witnesses was not uncommon. The Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
later accepted that he had heard the case in private, refused to hear Bushen in his own defence or witnesses on his behalf, and intimidated the jury by telling them that a certain "great man" had an interest in the verdict. When one juror held out for acquittal, he urged the others to beat him into submission. The most serious accusation, however, was that Sarsfield had agreed with the sheriff of Kildare that Bushen's property would be forfeited and shared between them, and this also the Star Chamber seems to have accepted.
Bushen was found guilty and hanged. The case aroused some comment, but it did not become a major issue until 1633, when opponents 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...
, Viscount Falkland
Viscount Falkland
Viscount of Falkland is a title in the Peerage of Scotland. It was created in 1620 for Sir Henry Cary, although he was actually English and had no connection to Scotland. He was made Lord Cary at the same time, also in the Peerage of Scotland. His son, the second Viscount, was a prominent statesman...
, persuaded Bushen's son to accuse Falkland himself of complicity in the plot to seize his father's lands. This was a serious mistake. Falkland sued his accusers for libel before the Star Chamber, which exonerated him, censured Bushen and his co-accusers, and imposed a heavy fine. While there was no case against Falkland, the evidence against Sarsfield was so strong that the Star Chamber could not overlook it and in the same proceedings the chamber found him guilty of corruption. The Lord Keeper said: "Justice should be done in open court before the face of the world, and mens lives not to be taken away in private chamber . . . and I do verily persuade myself that Bushen died innocently."
At a second hearing on 20 November 1633, Sarsfield was found guilty of corruption, deprived of office, fined £5000, ordered to pay £2000 to Bushen's family, and imprisoned in the Fleet
Fleet Prison
Fleet Prison was a notorious London prison by the side of the Fleet River in London. The prison was built in 1197 and was in use until 1844. It was demolished in 1846.- History :...
. He died in deep disgrace in 1636, and was buried in Cork. His eldest son William (died 1648) succeeded as second Viscount.