Anglo-Irish judge
Nicholas Nugent (c. 1525–1582) was an Anglo-Irish judge, who was hanged for treason by the government that appointed him. He had, before his downfall, enjoyed a highly successful career, holding office as Solicitor General for Ireland, Baron of the Irish Court of Exchequer, and Chief Justice of the Irish Common Pleas, but he was ruined by the rebellion of his nephew William Nugent, which he was accused of supporting.
Background and early career.
Nicholas Nugent was born between 1525 and 1530. Like many Irish judges of the time, he belonged to the Anglo-Irish aristocracy of the Pale. His father Sir Christopher Nugent (died 1531) was the son and heir of Richard Nugent, 4th Baron Delvin; his mother was Marian St Lawrence, daughter of Nicholas St Lawrence, 4th Baron Howth and his third wife Alison Fitzsimon. His father predeceased his grandfather and the title passed to Nicholas' elder brother Richard, who died in 1559, leaving two sons: Christopher Nugent, the sixth Baron, and William. His mother made two further marriages: her second husband was Sir Gerald FitzGerald, Knight Marshal of Ireland, and after his death, she married thirdly John Parker, who was a senior judge and a key figure in the Dublin administration.
Nicholas married Janet Plunket, daughter of Sir John Plunket, Lord Chief Justice of Ireland and his second wife Catherine Luttrell, and widow of Thomas Marward, titular Baron Skryne; they had one surviving son, Richard. Nicholas was given the wardship of his stepdaughter, who was also named Janet. The younger Janet, styled Baroness Skryne, was a considerable heiress and Nicholas resolved that she should marry his nephew William. The marriage duly took place, but only after William caused a scandal by abducting her.
Nicholas entered Lincoln's Inn in 1558. His future rival for judicial office, Sir Robert Dillon, was there at the same time, and their lifelong enmity seems to have begun when they were students: in 1560 they were ordered by the Benchers of the Inn to stop fighting, and were bound over to keep the peace. Nugent also quarrelled with his chamber fellow, John Talbot of Robertstown, who drew his sword and attacked Nugent, for which offence he was bound over and fined.
Aftermath.
A story quickly circulated that Robert Dillon, at the hanging, remarked: "Friend Nugent, I am even with you now for coming between me and my place (i.e the office of Chief Justice)". Elrington Ball doubts the truth of the story, but as he remarks the fact that it was told at all is an indication of the unease that the case aroused. A further cause of uneasiness was the full pardon granted to Edward Cusack, son of Sir Thomas Cusack, late Lord Chancellor of Ireland, who had been convicted along with Nugent. Rightly or wrongly this was taken as a tacit admission that Nugent had been innocent, as was the later decision to restore his forfeited estates to his son Richard.
A few years later the then Lord Deputy of Ireland recommended that only English judges be appointed in Ireland, as Irish-born judges decided cases purely on family or local loyalties. Roger Wilbraham, who became Solicitor General for Ireland soon after the trial, thought that Robert Dillon's conduct at the Nugent trial, in particular, had been disgraceful, but argued pragmatically that those like Dillon who did the Queen good service should not be "pressed hard" for anything less than a capital offence. Sir Robert's cousin Lucas escaped any serious censure for his part in Nugent's death, largely because he had always been a favourite of the Queen, and after a brief period of coolness, she restored him to favour.
Assessment.
Elrington Ball states that Nugent's fate was unique: two men who had previously served as judges in Ireland, Miles Corbet and John Cook, were executed in London at the Restoration of 1660 for treason against Charles I, but in no other case than Nugent's did the Government in Ireland execute one of its own judges.
Whether Nugent was guilty of treason, or even of the lesser crime of misprision of treason, is difficult to say. The verdict aroused a good deal of popular unease, due to the dubious quality of the evidence and the apparent bias of the judges. The Crown had rewarded Nugent generously, and it is difficult to see what he had to gain by rebellion. However he and his nephew William were close, and it is possible that he knew of William's plans: even if he disapproved of them, this would arguably make him guilty of misprision of treason. Against that, public opinion seems to have leaned strongly towards a belief in his complete innocence.
References.
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