Gerard Lowther (Irish justice)

Sir Gerald Lowther (1589–1660) was a member of the well-known Lowther family of Westmoreland. He had a distinguished judicial career in Ireland, becoming Chief Justice of the Irish Common Pleas, although critics said that his success was due to his complete lack of moral principle.

Origins

He was born in Westmorland, and was undoubtedly a member of the leading landowning family of Lowther, although his exact status in the family is unclear. Sir Gerald Lowther senior and his brother Sir Lancelot Lowther, who were both High Court judges in Ireland, acknowledged him as their nephew. It is generally thought that he was the illegitimate son of their eldest brother Sir Christopher Lowther (1557–1617)[1] in which case he should not be confused with Christopher's legitimate son Gerald by his second wife Eleanor Musgrave. The other Gerald was a professional soldier who joined the Polish army and died fighting against the Ottoman Empire.[2] Sir Christopher and his brothers were the sons of Sir Richard Lowther (1532-1608) and his wife Frances Middleton. Sir Richard's long record of public service was damaged by his adherence for a time to the cause of Mary Queen of Scots, although he managed to avoid permanent disgrace.[3]

Early career

He matriculated from Queen's College, Oxford in 1605, entered Gray's Inn in 1608 and was called to the Bar in 1616. No doubt because he had relatives on the Irish Bench he went to the Irish Bar three years later. The Irish Lowthers were supporters of the "Great Earl" Richard Boyle, 1st Earl of Cork, the dominant Irish magnate of his time, and the bond was strengthened when Gerald married a daughter of Sir Lawrence Parsons, the Earl's legal adviser. Gerald succeeded to this role and followed his father-in-law to the bench as Baron of the Court of Exchequer (Ireland) in 1628. He was knighted in 1631. In 1633 Dominick Sarsfield, 1st Viscount Sarsfield, the Chief Justice of Common Pleas was removed from office for corruption, and the Earl of Cork is said to have paid a thousand pounds to secure the place for Lowther. As Thomas Wentworth, 1st Earl of Strafford assumed complete control of Irish politics Lowther, despite the increasing hostility between Strafford and the Earl of Cork, became one of Strafford's chief assistants.[4]

Downfall of Lord Chancellor Loftus

During the protracted struggle for political supremacy between Strafford and Adam Loftus, 1st Viscount Loftus, the Lord Chancellor of Ireland, Lowther and his fellow Chief Justices, as members of the Privy Council of Ireland, gave their full support to Strafford, and Loftus was removed from office and imprisoned. On being released Loftus went to London to appeal to King Charles I for his reinstatement. Lowther accompanied Strafford there to argue the opposing case which he did with such skill that Strafford said: I shall be beholden to you as long as I live.[5]

Civil War

The attainder and execution of Strafford in May 1641 led to Lowther, along with Sir Richard Bolton, being impeached by the Irish Parliament; Strafford in his last days is said to have interceded for them with the King. Lowther was soon released from custody and thereafter played a careful double game. He was restored to the Council, and attended the King at Oxford in connection with the negotiations with the Confederates in 1644. In 1646 he was sent to London to negotiate with Parliament for the relief of Dublin and soon afterwards he abandoned the Royalist cause. In 1647 he assured Parliament of his loyalty and acted as receiver of delinquents' estates. He returned to Ireland in 1651 and acted as president of the High Court of Justice 1652-4; at the trial for treason of the Confederate leader Sir Phelim O'Neill it was noted that he referred to Charles II simply as "Charles Stuart".[6] In 1655, on account of his long experience, he was made Chief Justice of the Lower Bench (in effect the same office he had previously held) and a Commissioner of the Great Seal, and was much in favour with Henry Cromwell.

Death

At the Restoration, those judges who had served the Commonwealth were generally treated with leniency, and some of them even retained office. In the event it was not necessary for the new Government to take any decision on Lowther's fate: he was old and unwell, and died in the spring of 1660. He was buried in St. Michan's Church.

Family

Lowther married firstly Anne Parsons, daughter of Sir Laurence Parsons; she died in 1634. He remarried Margaret King, of the family of Baron Kingston. A son was born to his first marriage but must have died young since historians agree that he had no surviving issue.[7]

Character

Lowther was a gifted lawyer and a shrewd and adaptable politician, but most historians have little good to say of him. O'Flanagan[8] calls him "a most unprincipled man "; Smyth says "He acquired a large landed property by steering with unprincipled craft through the boisterous ocean of contemporary troubles."[9] Wedgwood, on the other hand states that while he may have owed his office to patronage, he was well qualified by legal ability and strength of character for it.[10]

See also

References

  1. ↑ Ball, F. Elrington The Judges in Ireland 1221-1921 John Murray London 1926
  2. ↑ Wotton, Thomas Baronetage of England London 1771
  3. ↑ Wotton Baronetage
  4. ↑ Ball The Judges in Ireland 1221-1921
  5. ↑ Ball The Judges in Ireland 1221-1921
  6. ↑ Ball The Judges in Ireland 1221-1921
  7. ↑ Smyth, Constantine Joseph Chronicle of the Law Officers of Ireland Henry Butterworth London 1839
  8. ↑ O'Flanagan J. Roderick Lives of the Lord Chancellors of Ireland 2 Volumes London 1870
  9. ↑ Smyth Chronicle of the Law Officers of Ireland
  10. ↑ Wedgwood, C.V. Thomas Wentworth, 1st Earl of Strafford 1593-1641-a Revaluation Phoenix Press reissue 2000 p.143
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