William Saxey

William Saxey (/ˈsæksi/; c. 1550 – 1612) was an English born judge in Ireland of the late Elizabethan and early Stuart era; he was an unpopular and controversial figure with a reputation for corruption and misanthropy.

Early career

He was born in Bristol around the year 1550; he may have been a son of Robert Saxey, a wealthy merchant of the town who was Mayor in 1557. He entered Staples Inn, and then Gray's Inn in 1576.[1] His practice at the English Bar was extremely lucrative: he was said to make £500 a year, a very large sum for the time.[2]

In 1594 he was sent to Ireland as Chief Justice of Munster.[3] From the beginning of his career in Ireland he faced accusations of corruption, and in 1596 the Court of Castle Chamber (the Irish equivalent of Star Chamber) reprimanded him severely for "corrupt, violent and intemperate proceedings". To judge from a later case (when he was on the verge of retirement), it seems that the practice most complained of was putting the wrong party in possession of lands (presumably in return for a bribe) in defiance of the verdict of the judges of assize.[4]

The Privy Council of Ireland took the unusual step of writing to the English Government, condemning Saxey for going to England without leave, attacking him as a man deficient in legal knowledge (despite his success at the English Bar), and rather illogically in view of their earlier rebuke, asking that he be kept in England and "be no more returned to his office here, he being a person who has incurred so general a mislike".[5] Saxey asked that any complaints against him be heard in England, as he could not get a fair hearing in Ireland, but no further proceedings seem to have been taken.[6]

Later career

Saxey did return to Ireland but in 1598 he fled to England, where he wrote in graphic detail about his experiences during the Nine Years War. He complained to Robert Cecil, 1st Earl of Salisbury, who seems to have been sympathetic to him, that he was "alone" without public office or private practice, and bitterly criticised the misgovernment of Ireland.[7] In 1599 he returned to Ireland again, in the company of Robert Devereux, 2nd Earl of Essex, and was appointed judge of the King's Bench.[8] Despite widespread indignation he refused to step down from his office of Chief Justice of Munster, as his predecessor Sir Nicholas Walsh had done in similar circumstances. It was impossible for him to attend court in Dublin and in Munster at the same time, but he refused to appoint a deputy to his place in the King's Bench and insisted on taking the fees for both offices.[9]

In 1603 he was given responsibility for quelling uprisings in several towns in Munster which broke out on the death of Elizabeth I, when the municipal authorities refused to proclaim James I as king. The Crown decided to make an example of the Cork city fathers, and William Meade, the Recorder of Cork, was tried for treason at Youghal.[10] Saxey sat as chief justice, with the Lord President of Munster and various senior judges also on the bench. Despite the formidable composition of the tribunal the jury refused to convict, and the acquittal of Meade was a grave embarrassment to the Crown.[11]

Saxey continued to attract accusations of corruption, and quarreled with his colleagues. By 1602 he claimed to be too old to fulfill either of his offices; at the same time, rather illogically, he canvassed to be appointed Chief Baron of the Irish Exchequer.[12] He retired from the Irish Bench before 1606 (although complaints about his judicial misconduct were still pending), and returned to England, where he busily solicited for another office, preferably as Baron of the Exchequer. About 1609 he retired to Thinghill in Herefordshire where he died in 1612.[13] He was married with seven children.[14]

Works

During his years in Ireland he corresponded regularly with Sir Robert Cecil and other English statesmen, giving them his opinion of the state of Ireland, which he presented in a uniformly unfavourable light.[15] During the troubles in Munster in 1598 when among other incidents Kilcolman, home of the poet Edmund Spenser, was burnt, Saxey described in apocalyptic and probably much exaggerated terms a general massacre by the Irish of English settlers, including women and children.[16] In 1598 he wrote a memorandum on the governance of Ireland, calling for the barring of men of Irish birth from the Bench and all other public offices, and for strict enforcement of the laws against recusancy. This may be an earlier version of the treatise on Ireland, to which Ball refers, which he wrote in retirement.[17]

Character

Crawford describes him as a "redoubtable" figure, but also as a man who "ethically challenged", and as an "ambitious opportunist" whose record showed the dubious wisdom of sending English "careerists" to staff the Irish Bench.[18] In his own time he was noted not only for corruption but misanthropy, being compared to the philosopher Timon of Athens, for it was said that like Timon: "he endureth no man".[19] While Saxey undoubtedly hated and feared the Irish people, as all his writings make clear, this was a common enough emotion among English settlers in Ireland then: the "Timon" comment, on the other hand, suggests that Saxey disliked humanity in general.[20]

References

  1. Ball, F. Elrington The Judges in Ireland 1221-1921 John Murray London 1926 Vol.1 p.226
  2. Ball p.226
  3. Ball p.226
  4. Crawford, Jon. G A Star Chamber Court in Ireland- the Court of Castle Chamber 1571-1641 Four Courts Press Dublin 2005 p.48
  5. Crawford p.275
  6. Crawford p.275
  7. Crawford p.275
  8. Ball p.226
  9. Crawford p.109
  10. Gibson, C.B. History of Cork London 1861 Vol.2 p.17
  11. Gibson p.17
  12. Ball p.227
  13. Duncumb, John History of Hereford John Allen Hereford 1812 p. 252
  14. Ball p.227
  15. Crawford p.109
  16. Berleth, Richard The Twilight Lords-Elizabeth I and the plunder of Ireland 2nd Edition 2002 Roberts Rinehart Maryland p.279
  17. Ball p.227
  18. Crawford p.109
  19. Ball p.226
  20. Crawford p.275 quotes his attack upon the Irish for their "treacherous hearts".