Edmund de Clay

Edmund de Clay, or del Clay (died after 1389) was an English-born lawyer and judge who served as Lord Chief Justice of Ireland and Chief Justice of the Irish Common Pleas.^[1]

He was born in Nottinghamshire, and later became a landowner there.^[1] By 1383, he had the reputation for being a man "learned in the law", and in that year he became Serjeant-at-law at the English bar.^[2] He is known to have been most reluctant to take up this office, probably because it would involve him in heavy expenses, and he did so only after King Richard II issued a warrant commanding de Clay, along with two other leading advocates, John Hill and Sir John Cary,^[3] to be admitted to that rank by a specified day.^[2]

In 1385 he was sent to Ireland with a large retinue to take up office as Lord Chief Justice of the Common Pleas, to which he was appointed in February.^[4] He and John Giffard, later to be his successor as Chief Justice, were appointed Justices in eyre (itinerant justices) for Carlow, Kildare and Wexford in the same year.^[4] They were also appointed to a Commission of Oyer and Terminer to deal with all treasons and felonies in Dublin and the Pale.^[4] (The Patent Roll calls his colleague Richard Gyffard, but John is clearly meant).^[5] The Crown authorised an extra payment of £14 to him for the cost of sitting on the commission of oyer and terminer.^[5]

De Clay was a member of the Privy Council of Ireland, and was summoned to the Council meeting in September 1386 when Sir John Stanley, the new Lord Lieutenant of Ireland, read out his letters patent of appointment.^[6] He had been transferred to the more senior office of Lord Chief Justice of Ireland earlier that year.^[1] He returned to England before 1389, when he was living on his estates in Nottinghamshire; later he is recorded as sitting on a commission of oyer and terminer. His date of death is not recorded.^[1]

There is no reference to a birthdate or birth year for Edmund del Clay, there is a possible year of death c 1394/5. (See below)

The del part of del Clay is Norman in origin but this may only mean that the writers of his name were just using the Norman style.

Edmund is very often described as " of Finningley " (1) and in this area of Nottinghamshire/South Yorkshire there is reference to what could possibly be his grandfather, Robert del Clay of Blida or Blythe, now spelt Blyth (2) and a possible father Hugh del Clay of Blyth.(3) Hugh del Clay is also mentioned as of Finningley. (4) An Adam del Clay was also the vicar of Clarborough and Walesby. (5)&(6)

Hugh del Clay held an official position under the King and he was also appointed a commissioner to collect taxes in 1350.(7) He was also charged by villagers in Blyth of commiting excesses, which ended with their imprisonment in Tickhill castle.(8) In 1354 Hugh was with others granted land, by the King in Nottinghamshire.(9) However the first recorded Clay is at Hodsock in 1222 and Robert del Clay is recorded as the vicar of Selston in 1250. (See Clay of England Society link in references)

It is possible make a reasonable assumption that Edmund was born around 1330/40 and as such he would have grown up amidst the turmoil of the Black Death which hit England in November 1348. Due to the rural location of Finningley, it's possible Edmund and his family were spared the ravages of the plague. If so they were lucky by 1377, the population of England had halved to 2.5 million people.

In 1368, Edmund granted the manor of Finningley, to Alice Perrers, Alice Perrers was the mistress of Edward III. He with another lawyer called Robert Brown later represented Alice Perrers after her fall from grace and later banishment.(10)

In 1377 Edmund was given a permit with two other men to pass by sea with twelve servants and sixteen horses and carrying 5000 pounds in money and jewels and they travel with the Kings license.(11)

In 1377, Edmund was appointed as a commissioner for the peace for Nottinghamshire, this would be a recurring position.(12)

In 1382, Edmund was summoned by the king to be a Sergeant at law, this involved a huge amount of expense and Edmund along with two others who had been summoned did not comply. In november of 1382, Edmund was ordered by the King and Council, under threat of a large fine to prepare himself to become a Sergeant at law.(13)

Edmund was appointed to a commission of Oyer and Terminer in May 1384, concerning the abduction and ravishing of Phillipa, wife of Sir Ralph de Percy by a John Halsham.( 14)

Having acted as attorney for many people who had been despatched to Ireland by the King, (15) Edmund was despatched in February of 1385 to Ireland as Chief Justice of the Common Pleas of Ireland.(16)

Phillip de Courtenay, the Lieutenant of Ireland was ordered to be arrested by Edmund Clay Robert de Crulle and the Bishop of Meath. Courtenay was to be kept under honourable arrest and not to depart Ireland, 26th of March 1386. Courtenay who had a somewhat dubious reputation before serving in Ireland, was accused of intolerable oppressions, excess and duress against the Kings Lieges in Ireland. (18) Later in 1388, Edmund himself was ordered to be arrested and to await the Kings Lieutenants on charges of wicked extortion.(19)

Prior to that in 1387 Edmund had been granted the Manors of Heynestoneld and Martry by Robert de Vere, 9th Earl of Oxford and Marquis of Dublin.(20) The land of Ireland had been granted to De Vere by Richard II.

The arrest of Edmund was the last we hear of him in Ireland.

Edmund did not let his arrest and wicked extortions set him back too far, for when he returned to England he sat on three commission’s as well resuming his own law career. (20,21,22)

Edmund died c1394/5, after granting power of attorney to " Rouland de Sutton clerk to William de Hogh and John de Bryggeford to deliver seizin of lands etc of Edward del clay in Alkclay and Fynyngley to Edward's son". (23) There is no reference to the will of Edmund del Clay.

Edmund was succeeded by his son, George del Clay of Finningley.

From the catalogue of Seals, Edmunds seal is described as

8617. [14th cent.] page 646

Edmund dictus Clay.

Sulph. cast from imperfect impression) injured by pressure. 14 in. [D.C., F. 357.] shield of arms, couché a chevron betw, three uncertain charges. Cf. a chevron betw, three trefoils slipped, for CLAY. Crest on a helmet, lambrequin, and chapeau, a ball betw. two buttresses (?) Within a carved gothic panel. Sigil: edmundi: del clay.

References

^ ^a ^b ^c ^d Ball, F. Elrington The Judges in Ireland 1221-1921 John Murray London 1926 Vol. 1 p. 166
^ ^a ^b Foss, Edward The Judges of England Longman Green Brown and Longmans London 1851 Vol.4 pp.16-21
^ Cary later became the English Chief Baron of the Exchequer- see Foss "Judges of England" p.16
^ ^a ^b ^c Smyth, Constantine Joseph Chronicle of the Law Officers of Ireland London Butterworths 1839 p.114
^ ^a ^b Patent Roll 9 Richard II 16 October 1385
^ Patent Roll 10 Richard 11 18 September 1386