Thomas Egerton, 1st Viscount Brackley
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Thomas Egerton, 1st Viscount Brackley PC
Privy Council of England
The Privy Council of England, also known as His Majesty's Most Honourable Privy Council, was a body of advisers to the sovereign of the Kingdom of England...

 (1540 – 15 March 1617) was an English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 Nobleman
Peerage of England
The Peerage of England comprises all peerages created in the Kingdom of England before the Act of Union in 1707. In that year, the Peerages of England and Scotland were replaced by one Peerage of Great Britain....

, Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 and Statesman
Statesman
A statesman is usually a politician or other notable public figure who has had a long and respected career in politics or government at the national and international level. As a term of respect, it is usually left to supporters or commentators to use the term...

 who served as Lord Keeper
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....

 and Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...

 for twenty-one years.

Early life, education and legal career

Thomas Egerton was born in 1540 in the parish of Doddlestone, Cheshire
Cheshire
Cheshire is a ceremonial county in North West England. Cheshire's county town is the city of Chester, although its largest town is Warrington. Other major towns include Widnes, Congleton, Crewe, Ellesmere Port, Runcorn, Macclesfield, Winsford, Northwich, and Wilmslow...

. He was the illegitimate son of Sir Richard Egerton and an unmarried woman named Alice Sparks. He was acknowledged by his father’s family, who paid for his education. He studied Liberal Arts at Brasenose College, Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...

, and received a Bachelor’s Degree in 1559. He then studied law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 at 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...

 and became a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

. He was a Roman Catholic, until a point in 1570 when his lack of conformity with the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...

 when his Inn passed on a complaint from the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...

.

He built a respectable legal practice pleading cases in the Courts of Queen’s Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...

, Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...

 and Exchequer
Exchequer of pleas
The Exchequer of Pleas or Court of Exchequer was a court that followed equity, a set of legal principles based on natural law, and common law, in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia during the 1190s, to sit as an...

. After Queen 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...

 saw him plead a case against the crown he was made Queen’s Counsel. In 1579 he was made a Master of the Bench of Lincoln’s Inn. On 28 June 1581 he was appointed Solicitor General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...

. He married Elizabeth Ravenscroft and fathered two sons and a daughter by her.

Solicitor General, Attorney General and Master of the Rolls

As Solicitor General, Egerton became a frequent legal advocate for the crown, often arguing cases instead of the Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...

. He was one of the prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...

s of Mary, Queen of Scots, in 1586. He was also the prosecutor in the trial of Philip Howard, Earl of Arundel
Philip Howard, 20th Earl of Arundel
Saint Philip Howard, 20th Earl of Arundel was an English nobleman. He was canonised by Pope Paul VI in 1970, as one of the Forty Martyrs of England and Wales...

, for high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...

. He was made Attorney General on June 2, 1592, he was knighted the next year. He was made Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

 on April 10, 1594 where he excelled as an equity judge and became a patron of the young Francis Bacon
Francis Bacon
Francis Bacon, 1st Viscount St Albans, KC was an English philosopher, statesman, scientist, lawyer, jurist, author and pioneer of the scientific method. He served both as Attorney General and Lord Chancellor of England...

. After the death of the Lord Keeper Puckering
John Puckering
Sir John Puckering was a lawyer, politician, Speaker of the English House of Commons, and Lord Keeper from 1592 until his death...

 he was appointed Lord Keeper of the Great Seal and made a Privy Councillor
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...

 on 6 May 1596, remaining Master of the Rolls and thus the sole judge in the Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...

.

During this time his first wife died, and he married a widow, Elizabeth Walley (née More). He bought Tatton Park
Tatton Park
Tatton Park is a historic estate in Cheshire, England, to the north of the town of Knutsford. It contains a mansion, Tatton Hall, a manor house dating from medieval times, Tatton Old Hall, gardens, a farm and a deer park of . It is a popular visitor attraction and hosts over 100 events annually...

, in 1598. It would stay in the family for more than three centuries. Also at this time - 1597 or 1598 - he hired John Donne
John Donne
John Donne 31 March 1631), English poet, satirist, lawyer, and priest, is now considered the preeminent representative of the metaphysical poets. His works are notable for their strong and sensual style and include sonnets, love poetry, religious poems, Latin translations, epigrams, elegies, songs,...

 as secretary. This arrangement ended in some embarrassment, since Donne secretly married Ann More, Elizabeth's niece, in 1601.

Elizabeth died around the beginning of 1600, and then Egerton married Alice Spencer
Alice Spencer
Alice Spencer, Countess of Derby was an aristocratic English woman, and a noted patron of the arts. Poet Edmund Spenser represented her as "Amaryllis" in his pastoral poem Colin Clouts Come Home Againe and dedicated his The Teares of the Muses to her. Her first husband was Ferdinando Stanley, 5th...

, whose first husband had been Ferdinando Stanley, 5th Earl of Derby
Ferdinando Stanley, 5th Earl of Derby
Ferdinando Stanley, 5th Earl of Derby was the son of Henry Stanley, 4th Earl of Derby and Lady Margaret Clifford. According to the will of Henry VIII, his mother was heiress presumptive of Elizabeth I of England from 1578 to her own death in 1596...

. She survived him by two decades, and was an important patron of the arts, usually known as the Dowager Countess of Derby.

Lord Keeper and Lord Chancellor

As Lord Keeper, Egerton’s judgements were admired, but Common-law judges often resented him reversing their decisions. He also attempted to expand the jurisdiction of the Court of Chancery to include the imposition of fines to enforce his injunctions. In the 9th Parliament of the reign of Elizabeth (1597-1598) he supported legal reform and the royal power to create monopolies
Monopoly
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...

.

Sir Thomas was a friend of Robert Devereux, 2nd Earl of Essex
Robert Devereux, 2nd Earl of Essex
Robert Devereux, 2nd Earl of Essex, KG was an English nobleman and a favourite of Elizabeth I. Politically ambitious, and a committed general, he was placed under house arrest following a poor campaign in Ireland during the Nine Years' War in 1599...

, and often interceded to mend relations between Essex and the Queen. After Essex returned from Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

 in disgrace he was placed in the Lord Keeper’s custody, under house arrest
House arrest
In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...

 at York House, Strand
York House, Strand
York House in the Strand in London was one of a string of mansions which once stood along the route from the City of London to the royal court at Westminster. It was built as the London home of the Bishops of Norwich not later than 1237, and around 300 years later it was acquired by King Henry VIII...

. He was one of the judges at Essex’s first trial, and tried to persuade him to apologise and beg mercy from the Queen. He pronounced the sentence against Essex, though it was dictated by the Queen. During Essex’s rebellion, he was sent to persuade Essex to surrender, but was instead held hostage for several hours until one of Essex’s supporters freed him to gain pardon from the Queen.

When James VI
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...

 of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 succeeded to the throne of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 as James I he kept Egerton in office, and made him Lord Chancellor and Baron Ellesmere on 19 July 1603. He was removed from the office of Master of the Rolls on 18 May 1603, but as the office was granted to an absentee Scottish Lord he continued to perform its duties. He shortly after presided over the trial of Barons Cobham
Henry Brooke, 11th Baron Cobham
Henry Brooke, 11th Baron Cobham was an English peer who was implicated in the Main Plot against the rule of James I of England.- Life :...

 and Grey de Wilton
Thomas Grey, 15th Baron Grey de Wilton
Thomas Grey, 15th and last Baron Grey of Wilton was an English aristocrat, soldier and conspirator. He was convicted of involvement in the Bye Plot against James I of England.-Early life:...

 for high treason for their part in the Main Plot
Main Plot
The Main Plot was an alleged conspiracy of July 1603 by English courtiers, to remove King James I from the English throne, replacing him with his cousin Arabella Stuart. The plot was supposedly led by Henry Brooke, Lord Cobham, and funded by Spain...

.

In the first Parliament of James I Lord Ellesmere attempted to exercise the right of the Lord Chancellor to disqualify members from sitting in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...

, but in the end yielded that right to the House itself. He attempted to persuade Parliament to support the King’s plans for a union of England and Scotland, but was unsuccessful. In 1606 he ruled that Scottish subjects born after the succession of James I were naturalised English subjects.

Lord Ellesmere supported the Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...

, but was concerned to define it, and ensure it was never confused with the ordinary legal processes. Towards the end of his life, he stood out against the arguments made by Sir Edward Coke, the Lord Chief Justice
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...

, and ultimately aided the King in securing his dismissal. He attempted to resign several times after this, as he became increasingly old and infirm, and the King finally accepted his resignation on 5 March 1617, after creating him Viscount Brackley
Viscount Brackley
The title Viscount Brackley has been created twice; once in the Peerage of England and once in the Peerage of the United Kingdom. The English title was created in 1616 for Thomas Egerton, 1st Baron Ellesmere; however, he died a year later and the viscountcy merged with the earldom of Bridgewater,...

 on 7 November 1616. He was promised the earldom of Bridgewater
Earl of Bridgewater
-History:The earldom was first created in 1538 for Henry Daubeny, 9th Baron Daubeny. The Daubeney family descended from Elias Daubeny, who in 1295 was summoned by writ to the Model Parliament as Lord Daubeny. The eighth Baron was created Baron Daubeny by letters patent in the Peerage of England in...

, but showed little interest, and died twelve days after leaving office on 15 March 1617. He is buried in Dodleston
Dodleston
Dodleston is a village and civil parish in the unitary authority of Cheshire West and Chester and the ceremonial county of Cheshire, situated on the border between England and Wales...

, Cheshire.

Further reading

  • Louis A. Knafla, Law and Politics in Jacobean England. The Tracts of Lord Chancellor Ellesmere (1977)

External links

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